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RESIDENCY PERMITS

EU governments settle on rules for how non-EU citizens could move around Europe

After months of discussion, EU governments have reached a common position on new rules regarding the EU's long-term residence status for non-EU nationals living in Europe.

The European Union is considering changing rules to make it easier for non-EU nationals to move within the bloc.
The European Union is considering changing rules to make it easier for non-EU nationals to move within the bloc. (Photo by FREDERICK FLORIN / AFP)

What is the EU’s long-term residence status?

Under a 2003 directive, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years.

To obtain the status, third-country nationals must also not have been away for more than 6 consecutive months and 10 months over the entire period (the rules are different for Brits covered by Withdrawal agreement), and prove to have “stable and regular economic resources” and health insurance. In addition, applicants can be required to meet “integration conditions”, such as passing a test on the national language or culture.

This EU status exists alongside national long-term resident schemes and should guarantee some form of free movement within the bloc.

INTERVIEW: Why it must be made easier for non-EU citizens to move around Europe

In practice, however, most countries require employers to prove they could not find candidates in the local market before granting a permit to a non-EU citizen, regardless of their status. The conditions under which applicants may acquire the status are complex and many people are unaware the EU status exists and the rights that come with it.

So what does the EU want to change?

As part of measures seeking to make the EU more appealing for non-EU workers, last year the European Commission proposed to update such rules, with the revision of the EU Long-Term Residents Directive. The Commission proposal has to be agreed by the European Parliament and Council (which represents EU governments).

In April, the European Parliament said the period non-EU nationals are required to be legally resident in a member state in order to acquire EU long-term status should be cut from five to three years.

MEPs also said it should be possible to combine periods of legal residence in different EU member states, instead of resetting the clock at each move. Time spent for studying or vocational training, seasonal work, temporary protection (the scheme that applies to Ukrainian refugees) should be calculated too. All these periods at present do not count towards EU long-term residence.

Once long-term residence is obtained in an EU country, it should be automatically recognised at EU level too, MEPs said, asking to remove restrictions such as labour market checks or integration requirements for people who move to another EU state.

So what changes did the EU governments agree on?

However EU governments took a different stance.

At a meeting this week, the Council’s permanent representatives committee, which is made of diplomats of EU member states, agreed to maintain the five-year residency requirement.

Representatives of EU governments also said that third-country nationals “can cumulate residence periods of up to two years in other member states in order to meet the requirements of the five-year residence period,” but that applies only to “certain types of legal residence permits, such as holders of EU Blue Cards or residence permits issued for the purpose of highly qualified employment.”

EU countries can also continue requiring third-country nationals “to comply with integration conditions”. A statement also specifies that the “right to intra-EU mobility is not an automatic right, but is subject to a number of conditions,” and that “member states may assess the situation of their national labour markets in case an EU long-term resident moves to their country from another EU member state for work.”

The statement also says that EU long-term residents “enjoy the same treatment as nationals with regard to access to employment and self-employment, education and vocational training and tax benefits, for example”. But there are conditions too, such as “the requirement that holders of a residence permit live within the territory of the member state concerned”.

What happens next?

The Council and the Parliament will now have to negotiate the final text of the law.

According to Eurostat data, in 2020, 23 million non-EU citizens were legally resident in the EU. Of these, more than ten million were holders of a long-term or permanent residence permit.

In an interview with The Local, Damian Boeselager, the German member of the Greens/European Free Alliance group who leads the negotiations for the European Parliament, said: “The EU has a huge benefit of a large labour market having freedom of movement for EU citizens… But the truth is that Europe needs labour migration in all areas and all skill levels and therefore, if we want to be more attractive, we should make it easier (for non-EU citizens) to move from one member state to the next.”

He said he hoped the new law will be adopted before the European parliament elections of June 2024.

This article was produced by the Europe Street news site.

Member comments

  1. Is this article unfinished? Reading it couple of times and cannot find connection between headline and text. What has EU agreed on about movement for long term residence permit holders inside EU?

  2. How does this affect those of us in Denmark looking to secure our place in the EU? Does this mean we can apply to live in the EU after 5 years first, and apply for Danish Citizenship after 8-10 after?

  3. The article states in brackets that the rules are different for Brits covered by the withdrawal agreement. Can we have information on that too? Thank you.

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RESIDENCY PERMITS

Can you have your right to permanent residency in Italy revoked?

Applying for a permanent residency permit in Italy is often a lengthy process involving plenty of bureaucratic red tape. But can it ever be taken away from you after you get it?

Can you have your right to permanent residency in Italy revoked?

After legally living in Italy for at least five consecutive years, non-EU nationals become eligible to apply for a EU Long Term Residence Permit – known in Italian as permesso di soggiorno per soggiornanti di lungo periodo or permesso di soggiorno illimitato (formerly knowns as carta di soggiorno).  

Unlike most other Italian residency permits, which are issued for a maximum of two years and then need to be actively renewed in order to remain valid, the Long Term Permit grants the holder a permanent right of residency and does not expire (the document itself should be updated every ten years, but failure to do so does not invalidate your permanent right of residency).

Besides sparing the holder annual or biannual trips to the provincial questura (police station), the permit comes with a range of other advantages, including the right to freely work or study in the country (this isn’t always possible under some types of permits), fully access healthcare and social welfare, and participate in some forms of Italian public life like referendums.

Applying for a Long Term Residence Permit can be an arduous process as, besides showing you’ve been legally living in Italy for at least 5 years, you’ll have to meet a number of other requirements, including having an A2 Italian language level, which for most applicants entails passing an Italian language test.

READ ALSO: ‘Arduous process’: What to expect when applying for Italian permanent residency

But after successfully completing all of the red tape and getting your permesso, can your right to permanent residency be revoked in any case?

According to Italy’s official immigration portal, your status as a permanent resident can be revoked if you spend more than 12 consecutive months outside the European Union, or stay outside Italy for more than six consecutive years. 

You can also have your right to permanent residency revoked if you:

  • Get another EU Long Term Residence Permit from another country in the European Union
  • Are considered a threat to public order and national security, and are subject to an expulsion order
  • Are proven to have acquired the permit with fraudulent methods

Foreign nationals who lose their right to permanent residency due to being away from Italy, or after getting an equivalent long-term permit from another EU country can re-apply for permanent residency after legally living in Italy for three years (as opposed to the usual five). 

READ ALSO: When and how should I renew my Italian residence permit?

It’s also worth noting that, if you’ve been stripped of your right to permanent residency for any of the reasons mentioned above, you can contest the decision by filing an appeal with your Regional Administrative Tribunal (TAR) within 60 days of first being notified of it.

Please note that The Local is unable to advise on individual cases. Find more information on the Italian Interior Ministry’s website or seek independent advice from a qualified immigration consultant.

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