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EUROPEAN UNION

Non-EU family members of EU citizens can obtain long-term residence, court rules

The Court of Justice of the European Union has ruled that non-EU citizens who have residence rights in an EU country as family members of an EU national can acquire EU long-term residence.

Non-EU family members of EU citizens can obtain long-term residence, court rules
Non-EU family members of EU citizens can obtain EU long-term residence (Photo by Kenzo TRIBOUILLARD / AFP)

EU long-term residence is a legal status that non-EU citizens can obtain if they have lived continuously in an EU country for at least five years, have not been away for more than 6 consecutive months and 10 months over the entire period (although the rules are different for Britons covered by the Withdrawal Agreement), and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as knowing the language.

Long-term residence status grants equal treatment to EU nationals in areas such as employment, self-employment or education, as well as the possibility to move to other EU countries under certain conditions. 

But the procedure to get this status is not always straight-forward.

In this case, a Ghanian national who had a residence permit in the Netherlands because of a ‘relationship of dependency’ with her son, a Dutch citizen, saw their application for EU long-term residence refused.

The Dutch authorities argued that the residence right of a family member of an EU citizen is ‘temporary in nature’ and therefore excluded from the EU directive on long-term residence.

The applicant, however, appealed the decision and the District Court of The Hague referred the case to the EU Court of Justice for an interpretation of the rules.

On Wednesday the EU Court clarified that non-EU family members of EU citizens who live in the EU can indeed acquire EU long-term residence.

The EU long-term residence directive excludes specifically third-country nationals who reside in the EU temporarily, such as posted workers, seasonal workers or au pairs, or those with a residence permit that “has been formally limited”.

A family member of an EU citizens does not fall into this group, the Court said, as “such a relationship of dependency is not, in principle, intended to be of short duration.”

In addition, EU judges argued, the purpose of the EU long-term residence directive is to promote the integration of third country nationals who are settled in the European Union.

It is now for the Dutch court to conclude the case on the basis of the Court’s decision, which will apply also to the other EU member states.

The European Commission proposed in April to simplify the rules on EU long-term residence, especially when it comes to obtaining the status, moving to other EU countries and the rights of family members. 

These new measures are undergoing the legislative procedure have to be approved by the European Parliament and the EU Council. These rules also concern Britons living in the EU as family members of EU citizens.

Member comments

  1. So does this mean that an Article 50 card holder who is married to an EU National could acquire EU long-term residence status IN ADDITION to their Withdrawal Agreement rights in order to gain free movement in the EU and hence live and work in different EU countries?

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For members

WORK PERMITS

EXPLAINED: How to apply for a work permit in Denmark as an intern

Want to intern at the elite restaurant Noma, at the architecture firm Bjarke Ingels Group, as a vet or as a nurse? Here's what you need to know.

EXPLAINED: How to apply for a work permit in Denmark as an intern

Denmark has a special scheme for foreigners offered work in the country as interns, with different rules for those employed in architecture, healthcare, farming or veterinary jobs, or other sectors such as the natural sciences, technical fields, the pharmaceutical sector, or culture.

As an intern, you can get a permit to work in Denmark and a residency permit without having to earn any salary whatsoever, let alone secure the generous pay levels required to qualify for the Pay Limit Scheme. 

But you do have to meet the conditions put in place, to prevent unscrupulous employers using the internship permit to bring low cost labour to the country. 

You can find an English language guide to internships on the website of the Danish Agency for International Recruitment and Integration (Siri). 

READ ALSO: Danish work permit agency changes practice for hotel and restaurant interns

Who is eligible to get a work permit as an intern? 

You need to be between the ages of 18 and 35 (or 18 and 30 for some sectors), and you normally need to be studying a relevant subject in your home country or current country of residence .

In some cases you can already have recently graduated and in some cases you can be studying a subject not related to the internship, but if this is the case you need to show that you have passed a semester’s worth of courses in a relevant subject. 

If your internship is unpaid, you normally need to show that you have at least 6,820 kroner a month to support yourself over the period.

If your internship is paid, your salary must be at least 6,820 kroner per month, which has to be stated in the standard contract, and paid into a Danish bank account in a bank operating legally in Denmark.

Be aware that opening a Danish bank account can be difficult, with applicants normally needing to have a Danish address and CPR personal number. If you are having trouble you can apply for a basic payments account.

What qualifications do I need to show or paperwork do I need to provide? 

The rules are different depending on which sector you intend to carry out your internship in. 

Agricultural, horticulture, forestry or veterinary 

If you plan to intern in the agricultural, horticulture, forestry or veterinary sectors, you need to show that you have passed a language test in English, Danish, Swedish, Norwegian or German at the A2 level or higher, in Common European Framework of Reference for Languages scale.

This is a very basic level, described in the CEFR as enough to communicate “very basic personal and family information, shopping, local geography, employment”. 

For English language tests offered by IELTS, the Danish Agency for International Recruitment and Integration (SIRI) accepts test scores from 3.0, and for English tests from TOEFL, scores at Studieprøven level (C1 CEFR level). You will need to send the results certificate along with your application. 

To qualify for an internship in these sectors you also need to be studying a relevant subject in your home country, or the country where you have residency, and the internship also needs to be timed to coincide with where you are in the course, for instance as a practical element following more theoretical ones. 

“We compare the content of your educational programme with the job tasks which you will be carrying out during the internship,” Siri writes in its guide to internships. 

You cannot be more than 30 years old for an internship in these sectors. 

Interns in these sectors do not need to provide proof that they can support themselves. 

Healthcare 

There are no language requirements for an internship in the healthcare sector, and for medical interns there is no upper age limit (although an age limit of 35 applies for other healthcare interns). 

The internship must be related to the educational programme you are studying in your home or another country, and you need to submit an authorised translation of the list of courses you have studied, along with your application. 

You can receive an internship in healthcare even if your studies have recently been completed, but you must show that the internship is a continuation of your studies and relevant to the future role you intend to take on. 

If you have completed your studies, you should include documentation of any work experience you have had since completing your studies. 

If your internship is unpaid, you need to show that you have at least 6,820 kroner a month to support yourself over the period, which you can document with a bank statement or a copy of a scholarship certificate. It is not enough for someone else, such as a parent, to say they will support you. 

Architecture 

To be eligible for a work permit in the architecture sector, you cannot have completed your education and cannot be more than 35 years old. 

The internship must be related to the educational programme you are studying in your home or another country, and you need to submit an authorised translation of the list of courses you have studied, along with your application. 

If your internship is unpaid, you also need to show that you have at least 6,820 kroner a month to support yourself, which you can document with a bank statement or a copy of a scholarship certificate. It is not enough for someone else, such as a parent, to say they will support you. 

Which employers are eligible to take interns?

Employers need to be approved to take interns, either through a prior praktikpladsgodkendelse, or “place of internship approval”, or through sending detailed documentation to Siri on what the internship will consist of, including details of who will be supervising the intern, and prior experience the firm has with taking on interns or trainees. 

All public hospitals in Denmark are approved as places of internship.

If you are planning on interning at a Danish architecture firm, the firm must use the standard “Internship Agreement and Guidelines” issued by DANSKE ARK, the Danish association of Architectural Firms, and the Danish Union of Architects and Designers.

Architecture firms do not need to receive a separate praktikpladsgodkendelse but when filling in the standard contract, need to state the number of fully-trained architects and number of interns working at the firm. 

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