Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 21 Nov 2022
on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast)
To · plenary report· 13 Apr 2023
on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast)
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 66
Change 1
Changed:Recital 1 a (new):1: (1a)(1) TheCouncil EuropeanDirective Council,2003/109/EC31 athas itsbeen specialsubstantially meetingamended32 in. TampereOn onthe 15continued andbasis 16that Octoberthe 1999,Union statedshould thatensure the legalfair statustreatment of third-country nationals shouldwho beare approximatedlegally toresiding thatin the territory of Memberthe States'Member nationalsStates and that a person who has resided legally in a Member Statemore forvigorous aintegration periodpolicy ofshould timeaim to begrant determinedthose andthird-country whonationals holdsrights aand long-termobligations residencecomparable permitto shouldthose beof grantedcitizens inof thatthe MemberUnion, Statefor athe setpurpose of uniformenhancing rightsthe whichattractiveness areof asthe nearUnion, asand possiblein tothe thoseinterests enjoyedof byclarity, citizensthat ofDirective theshould Europeanbe Union.recast.
Change 2
Removed:The Rapporteur re-introduces text which has been deleted by the Commission in this proposal. The strike-through text falls under the recast procedure.
Added:Recital 5: (5) The prospect of obtaining EU long-term resident status in a Member State after a certain time is an important opportunity for the full integration of beneficiaries of international, temporary and other forms of protection in the Member State of residence. Beneficiaries of international, temporary or other forms of protection should therefore be able to obtain EU long-term resident status in the Member State, which granted them such protection, subject to the same conditions as other third-country nationals.
Removed:Recital 5: (5) The prospect of obtaining EU long-term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international, temporary and other forms of protection in the Member State of residence. Beneficiaries of international, temporary and other forms of protection should therefore be able to obtain EU long-term resident status in the Member State which granted them such protection, subject to the same conditions as other third-country nationals.
Added:Recital 6: (6) Third-country nationals who are beneficiaries of free movement rights in accordance with EU law should be given access to EU long-term resident status in accordance with the same rules as any other third-country nationals falling within the scope of this Directive. The rights that such third-country nationals acquire as holders of the EU long-term resident status should be without prejudice to the rights they may enjoy under Directive 2004/38/EC33 . All provisions in this Directive regarding the beneficiaries of the right to free movement should also apply to third-country nationals who enjoy rights of free movement equivalent to those of Union citizens under agreements either between the Union and the Member States on the one hand, and third countries on the other, or between the Union and third countries.
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Removed:Necessary for internal coherence and linked to Article 3.
Added:Recital 6 a (new): (6a) \To promote the integration and social inclusion of third-country nationals, in particular third-country nationals from low-income categories, seasonal workers should have the prospect of obtaining EU long-term resident status, provided that they fulfil the conditions for conferring the status.
Removed:Recital 6: (6) Third-country nationals who are beneficiaries of free movement rights in accordance with EU law should be given access to EU long-term resident status in accordance with the same rules as any other third-country nationals falling within the scope of this Directive. The rights that such third-country nationals acquire as holders of the EU long-term resident status should be without prejudice to the rights they may enjoy under Directive 2004/38/EC33. All provisions in this Directive regarding the beneficiaries of the right to free movement should also apply to third-country nationals who enjoy rights of free movement equivalent to those of Union citizens under agreements either between the Union and the Member States on the one hand, and third countries on the other, or between the Union and third countries.
Removed:Consistency with the definition set out in the Directive.
Removed:Recital 6 a (new): (6a) To promote the integration and social inclusion of third-country nationals, in particular from low-wage sectors, seasonal workers and au pairs should have the prospect of obtaining EU long-term resident status, as long as those third-country nationals fulfil the conditions for conferring the status.
Removed:Necessary for internal coherence and in line with Article 3 of the Directive.
Change 3
Removed:Necessary for internal coherence and linked to the aim of promoting intra-EU mobility.
Added:Recital 8: (8) To prevent the risk of abusive acquisition of EU long-term resident status third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State should be excluded from the scope of this Directive. This is particularly relevant, as the issue of such residence permits is not always subject to the requirement of continuous physical presence in that Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent the risk of violation of the requirement of continuous physical presence in the Member State of residence, Member States should exclude from the scope of this Directive third-country nationals applying for an EU long-term resident status in exchange of any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget.
Change 4
Changed:Recital 8:9: (8)(9) To preventfurther promote the riskattractiveness of abusiveand acquisitionfacilitate ofaccess to EU long-term resident status,status thisfor Directivethird-country shouldnationals, notthe applyrequired toperiod third-countryof nationalsresidence whofor holdthe aacquisition residenceof permitEU grantedlong-term onresident thestatus basisshould ofbe anyreduced kindfrom offive investmentto inthree ayears. Member State,States suchshould asinform capitala transfers,third-country purchasenational orabout rentingthe completion of property,lawful investmentand incontinuous governmentresidence bonds,and investmentthe inpossibility corporateto entities,apply donationfor orthe endowmentEU oflong-term anresident activitystatus. contributingHowever, in order to promote the publicintra-EU goodmobility andof contributionsthird-country nationals, Member States should allow third-country nationals to thecumulate stateperiods budget.of Thisresidence isin particularlydifferent relevant,Member asStates. With the issueaim to limit the attractiveness of theseinvestor residence permitsschemes isand considering the fact that not alwaysall subjectMember toStates thehave requirementregulated ofthis physicalcategory presenceof inresidence thatpermits, Member StateStates orshould isnot merelytake subjectinto toaccount theperiods requirementof residence as a holder of a residence permit granted on the investors’basis presenceof any kind of investment in theany Member State for athe limitedpurpose time.of cumulating periods.
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Change 5
Changed:Recital 9: (9) To further facilitate access to EU long-term resident status for third-country nationals,10: the(10) requiredAny period of residence forspent theby acquisitiona holder of EUa long-termlong-stay residentvisa statusor isresidence reducedpermit fromissued fiveunder toUnion threeor years,national whichlaw should be completed in thecounted samefor Memberacquiring Statethe ofEU application.long-term Aresident Memberstatus, Stateincluding shouldresidence informas a third-country national about the completionbeneficiary of lawful and continuousnational residenceor andtemporary theprotection, possibilityor toresidence applyinitially forbased thesolely EUon long-termtemporary residentgrounds, status.and However,periods inof orderresidence tounder promotea thestatus intra-EUor mobilityin ofa third-countrycapacity nationals,that Memberis Statesexcluded shouldfrom allowthe third-countryscope nationalsof tothe cumulateDirective, periodssuch ofas residence in different Memberfor States.study Withpurposes theor aimvocational totraining. limitWhere the attractiveness ofthird-country investornational residenceconcerned schemeshas andacquired consideringa thetitle factof thatresidence notwhich allwill Memberenable Stateshim/her haveto regulatedbe thisgranted categoryEU oflong-term residenceresident permits,status, Memberthese Statesperiods should notbe taketaken into account periods of residencefully asin athe holdercalculation of a residence permit grantedthe onperiod therequired basisto ofacquire anyEU kindlong-term ofresident investmentstatus, inprovided anotherthat Memberthe Stateoverall forresidence thehas purposebeen oflegal cumulatingand periods.continuous.
Change 6
Removed:Recital 9 a (new): (9a) It should be possible for Member States to to grant EU long-term resident status to vulnerable third-country nationals who have resided in the EU less than the required duration of residence, due to their individual circumstances. In particular, this would be useful to provide a durable solution for victims of human trafficking.
Added:Recital 10 a (new): (10a) To facilitate the integration and social inclusion of beneficiaries of international, temporary and other forms of national protection, Member States should take into account the entire period of time between the date of the lodging of the application for international, temporary or national protection and the date of the granting of the status of beneficiary of international, temporary or national protection.
Removed:Necessary for internal coherence and linked to Article 5.
Added:Recital 11: (11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance. Member States should not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long-term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. When evaluating stable and regular resources, Member States should be able to take into account certain types of social assistance, based on the individual circumstances of the applicants, such as those with disabilities, or those unable to work through pregnancy, who have suffered work-related injuries, accidents or disease, in order to ensure compliance with the principle of proportionality and non-discrimination. For the purpose of the evaluation of stable and regular resources, gaps in between labour contracts of less than two months should be considered irrelevant. For the uniform appli…
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Removed:Recital 9 b (new): (9b) Considering that applicants usually experience periods of interruption, with this risk increasing during the cumulation of time periods while being mobile across the Union, Member States should not take into account periods of interruptions that are less than two months into the calculation of the duration of residence period. This would help to reduce the risk of excluding a number of third-country nationals, who fulfilled all the conditions to apply for an EU long-term resident status, from applying for the status.
Added:Recital 11 a (new): (11a) Where a third-country national has resided for more than ten years in the Member State concerned immediately prior to his or her application, that third-country national should not be required to comply with requirements on income and sickness insurance. That could, in particular, be helpful to facilitate access to EU long-term residence for vulnerable groups, including people with a disability, and for pensioners.
Removed:Necessary for internal coherence and linked to Article 5.
Added:Recital 11 b (new): (11b) Where a third-country national already possesses a national permanent residence permit, the Member State in which that permit was issued should consider all requirements to acquire EU long-term residence permit fulfilled.
Removed:Recital 10: (10) Any period of residence spent by a holder of a visa or residence permit issued under Union or national law should be counted for acquiring the EU long-term resident status, including periods of residence under a status or in a capacity that is excluded from the scope of the Directive, such as residence for study purposes or vocational training or residence initially based solely on temporary grounds. Where the third-country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status, these periods should be taken into account fully in the calculation of the period required to acquire EU long-term resident status, provided that the overall residence has been legal and continuous.
Added:Recital 12: (12) Member States should be able to require applicants for EU long-term resident status to comply with language conditions. However, the means for implementing this requirement should not be liable to jeopardise the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third-country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, gender, illiteracy, caring responsibilities, health, previous diplomas acquired in the Member State or level of education.
Removed:Recital 10 a (new): (10a) To facilitate the integration and social inclusion of beneficiaries of international, temporary and other forms of national protection, Member States should take into account the entire period between the date of the lodging of the application for international, temporary or national protection and the date of the granting of the status of beneficiary of international, temporary or national protection.
Added:Recital 13: (13) Moreover, third-country nationals who wish to acquire and maintain EU long-term resident status should not constitute a threat to public policy or public security. The notion of public policy may cover a conviction for committing a serious crime. The decision whether a third-country national constitutes a threat to public policy or public security should be made in accordance with procedures enshrined in national legislation and with the right for the applicant to appeal before the national court.
Removed:Linked to the agreement reached in the trilogue of the Qualification Regulation.
Added:Recital 16: (16) The acquisition of EU long-term resident status should be certified by EU long term residence permits enabling those concerned to prove their legal status easily and immediately. Such residence permits should also satisfy high-level technical standards, notably as regards protection against falsification and counterfeiting, in order to avoid abuses in the Member State in which the status is acquired and in Member States in which the right of residence is exercised. However, falsification and counterfeiting, in particular of documents, could take place without the knowledge of a third-country national. Therefore, Member States should individually examine cases and assess whether the third-country national had knowledge of and responsibility for such falsification and counterfeiting.
Removed:Recital 11: (11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long-term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. When assessing stable and regular resources, gaps in between work contracts of less than two months should be considered irrelevant. For the uniform application of requirements on stable and regular resources, Member States should take into account a maximum period of one year for the assessment of resources. This will help address the wide discretion between Member States in applying the requirement and therefore ensure that a larger group of third-country nationals can have access to EU…
Added:Recital 17: (17) In order to promote circular migration of EU long-term residents and contribute to brain gain, in particular to allow them to invest in their countries of origin or other third countries and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re-acquisition of the EU long-term resident status, by allowing a third-country national to apply for the re-acquisition of their EU long-term resident status after one year of continuous and legal residence in the Member State concerned. Where Member States issue a national permanent residence permit in accordance with national law and provide for provisions on periods of absences, more favourable provisions should apply.
Removed:Falls under the recast procedure.
Added:Recital 20: (20) The recognition of the qualifications and skills of third-country nationals is a key step for their integration into the labour market. Qualifications, including diplomas, certifications, as well as skills and competences acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 without prejudice to future Union law on the recognition of qualifications of third-country nationals, to support Member States and to facilitate the integration of third-country nationals into the labour market as well as to support intra-EU labour mobility. This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. Where the qualifications of the third-country national were already recognised in another Member State, the Member State concerned should take into account such qualifications in accordance with Directive 2005/36/EC.
Removed:Recital 11 a (new): (11a) Where a third-country national has resided for more than ten years in the Member State concerned immediately prior to his or her application, that third-country national should not be required to comply with requirements on income and sickness insurance. In particular, this could be helpful to facilitate access to EU long-term resident status for vulnerable groups, including people with disability, and for pensioners.
Added:Recital 20 a (new): (20a) Member States should ensure that all EU long-term residents enjoy equal treatment as set out in this Directive, in line with the principle of non-discrimination as enshrined in Article 21 of the Charter of the Fundamental Rights.
Removed:Necessary for internal coherence and clarity.
Added:Recital 21: (21) This Directive should take into account the common standards and procedures in Member States for returning irregularly staying third-country nationals introduced by Directive 2008/115/EC of the European Parliament and of the Council36 .
Removed:Recital 11 b (new): (11b) Where a third-country national already possesses a national permanent residence permit, the Member State in which this permit was issued should consider all requirements to acquire EU long-term residence permit fulfilled.
Added:Recital 22: (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal remedy against such decisions. In line with the case law of the European Court of Human Rights and the Court of Justice of the European Union, Member States should take into account the individual circumstances before taking a decision to end the legal stay of an EU long-term resident.
Removed:Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Added:Recital 23: (23) Decisions ending the legal stay of EU long-term residents should not be founded on economic considerations. Before taking a decision to end the legal stay of an EU long-term resident, Member States should take into account the solidity of the person’s family relations and the duration of residence, the existence of family, cultural and social ties with his or her country of origin, and in cases where there are children involved, the best interests of a child.
Removed:Recital 12: (12) For the purpose of promoting the social inclusion of third-country nationals, Member States should not require applicants for EU long-term resident status to comply with integration conditions.
Added:Recital 24: (24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.
Removed:Necessary for internal coherence of the Directive.
Removed:Recital 16: (16) The acquisition of EU long-term resident status should be certified by EU long term residence permits enabling those concerned to prove their legal status easily and immediately. Such residence permits should also satisfy high-level technical standards, notably as regards protection against falsification and counterfeiting, in order to avoid abuses in the Member State in which the status is acquired and in Member States in which the right of residence is exercised. However, it is important to note that falsification and counterfeiting, in particular of documents, could take place without the knowledge of a third-country national. Therefore, Member States should individually examine cases and assess whether the applicant had knowledge of such falsification and counterfeiting.
Removed:Necessary for internal coherence of the Directive and in line with the principle of proportionality.
Removed:Recital 17: (17) In order to promote circular migration of EU long-term residents and contribute to brain gain, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, to return temporarily to their countries of origin for personal and family circumstances, as well as to pursue professional or educational opportunities in other third countries, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re-acquisition of the EU long-term resident status, by allowing a third-country national to apply for the re-acquisition of their EU long-term resident status after one year of continuous and legal residence in the Member State concerned. Where Member States issue national permanent residence permit in accordance with national law and provide for provisions on periods of absences, the more favourable provisions should apply.
Removed:Recital 20: (20) Professional and occupational qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. Where the qualifications of the third-country national were already recognised in another Member State, the Member State concerned should take into account such qualifications in accordance with Directive 2005/36/EC.
Removed:Recital 22: (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay. Member States should provide for effective legal remedy against such decisions. In line with the ECHR and CJEU case law, Member States should take into account the individual circumstances of the individual, prior to the decision ending legal stay.
Removed:Necessary for internal coherence and codified the European Court of Human Rights ruling.
Change 7
Removed:Deletion consistent with agreement reached at the Trilogue on the Qualification Regulation in June 2018, which deleted the provisions on exceptions to non-refoulement (Art. 21(2) Qualification Directive).
Added:Recital 26: (26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to education, training or work for family members should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society.
Removed:Recital 27 a (new): (27a) Where, due to individual circumstances, children are in vulnerable situations, due to their dependency on the family sponsor for the residence, their applications for an autonomous residence permit should be allowed after one year.
Added:Recital 27: (27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, children of EU long-term residents, irrespective of their place of birth should acquire the EU long-term resident status automatically, without being subject to any other specific conditions or requirements.
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Removed:Necessary for internal coherence and in line with the best interests of a child.
Added:Recital 28: (28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States. However, where a Member State decides to grant a national residence permit to a third-country national, the third-country national should also be offered at the same time an EU long-term residence permit in order to facilitate the acquisition of such right. An EU long-term resident should not be precluded from acquiring or holding other national or Union residence permits.
Removed:Recital 27 b (new): (27b) In light of particularly difficult circumstances and for the purpose of protecting family members, Member States should grant autonomous EU long-term residence permit to family members of an EU long-term resident after two years of residence in the territory of that Member State. With due regard to family life and human dignity, and in certain conditions to provide protection against abuse, Member States should take measures to legally safeguard family members and ensure that they can retain the right of residence on personal basis.
Added:Recital 29: (29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures to obtain the respective statuses and access to information. In particular, Member States should ensure that when issuing a national residence permit of permanent or unlimited validity, more favourable provisions on procedural safeguards and rights should apply to EU long-term residents and their family members. Member States should also ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, and should inform applicants of the possibility of requesting the EU-long term residence when they submit an application for a national residence permit. When providing information about the EU long-term residence and national residence permits, Members States should provide the same level of information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. All information on the procedure to obtain the EU long-term resident …
Removed:Necessary for internal coherence and in line with protecting family life.
Added:Recital 30: (30) This Directive aims to facilitate and promote mobility for EU long-term residents within the Union (‘intra-EU mobility’) and to reduce the administrative burden associated with mobility. Intra-EU mobility is one of the key components of this Directive, as it provides a clear added value that cannot be achieved at a Member State level. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long-term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to enhancing the Union’s attractiveness, to improving labour market efficiency across the Union, to addressing skills shortages and matching skills to the Union’s labour market needs, to contributing to labour market adjustments, to boosting economic growth, and to offsetting regional imbalances. Furthermore, the intra-EU mobility of EU long-term residents and their family members can facilitate their social and cultural integration.
Removed:Recital 28: (28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States. An EU long-term resident should not be precluded from acquiring or holding other national or EU residence permits.
Added:Recital 33 a (new): (33a) For the purpose of facilitating intra-EU mobility, this Directive sets up a specific intra-EU mobility scheme whereby the holder of a valid EU long-term residence permit issued by a Member State is allowed to enter, to stay and to work in one or more Member States in accordance with the provisions governing short-term and long-term mobility under this Directive. Short-term mobility for the purposes of this Directive should cover stays in Member States other than the Member State that issued the long-term residence permit, for a period of up to 90 days per Member State. Long-term mobility for the purposes of this Directive should cover stays in Member States other than the Member State that issued the long-term residence permit for a period exceeding 90 days per Member State.
Removed:This provision falls under the recast procedure.
Added:Recital 33 b (new): (33b) For the purpose of enhancing intra-EU mobility, EU long-term residents should have the possibility to reside in another Member State, on the basis of an EU long-term or other residence permit issued in a second Member State. The EU long-term resident should apply for a residence permit within the first three months after arriving in the territory of the second Member State, subject to the provisions in Chapter III and provided that the requirement on the duration of residence in the first Member State has been fulfilled. The national authorities of the second Member State should provide easily understandable information to the EU long-term resident on the differences in rights and procedural guarantees granted on the basis of the different types of permit that the EU long-term resident applies for.
Removed:Recital 29: (29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that, when issuing a national residence permit of permanent or unlimited validity, more favourable provisions on procedural safeguards and rights should apply to EU long-term residents and their family members. Member States should also ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. Where a third-country national holds a national permanent residence permit and applies for an EU long-term residence permit in the same Member State, the Member State concerned should automatically grant an EU long-term residence permit to that person .
Added:Recital 34: (34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, and to reduce the unnecessary administrative burdens imposed on EU long-term residents, no check of the labour market situation in a second Member State should be carried out when examining applications for residence in a second Member State.
Removed:Linked to Article 14, which falls under the recast procedure.
Added:Recital 34 a (new): (34a) When an EU long-term resident chooses to apply for a national residence permit, the Member State where the national residence permit is to be granted should explicitly mention on the permit that the third-country national is a holder of an EU long-term residence permit, and therefore, both the EU long-term resident and his or her family are entitled to related rights, including equal treatment, and procedural safeguards. Where Member States require the EU long-term resident to provide evidence, including on stable and regular resources, a similar evaluation and assessment as in the first Member State should be carried out, in line with the principle of proportionality.
Removed:Recital 30: (30) This Directive aims to facilitate mobility for EU long-term residents within the Union (‘intra-EU mobility’) and to reduce the administrative burden associated with mobility. In the meantime, EU long-term residents should have the possibility to apply for other residence schemes in other Member States. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances.
Added:Recital 35: (35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. Member States should ensure that EU long-term residents are entitled to begin employment or study no later than 30 days after submitting the application for residence in the second Member State.
Removed:Changes introduced here fall under the recast procedure and are necessary for internal coherence.
Added:Recital 36: (36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional diplomas, certifications and other qualifications as well as skills and competences should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law.
Removed:Recital 33 a (new): (33a) This Directive aims to introduce new provisions facilitating intra-EU mobility, in order to enhance the Union’s attractiveness, match better international skills with Union’s labour market needs, and contribute to labour market adjustments and the overall economic growth. Intra-EU mobility is one of the key components of this Directive, as it provides a clear added value that cannot be achieved at a Member State level.
Added:Recital 37: (37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who are authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled or otherwise dependent adult children, spouses and legal partners and of first-degree relatives in the direct ascending line who are dependent on them. Family members residing in a second Member State should be able to exercise the same rights as family members residing in the first Member State.
Removed:Necessary for internal coherence and linked to the key aim of the Directive to enhance intra-EU mobility for third-country nationals.
Added:Recital 38: (38) The Member State in which an EU long-term resident intends to exercise his or her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy, public security or public health, as defined in Article 2, point 21, of Regulation (EU) 2016/399 of the European Parliament and of the Council1a. / 1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Removed:Recital 33 b (new): (33b) For the purpose of facilitated intra-EU mobility, this Directive sets up a specific intra-EU mobility scheme whereby the holder of a valid EU long-term residence permit issued by a Member State is allowed to enter, to reside and to work in one or more Member States in accordance with the provisions governing short-term and long-term mobility under this Directive. Short-term mobility for the purposes of this Directive should cover stays in Member States other than the one that issued the EU long-term residence permit, for a period of up to 90 days per Member State. Long-term mobility for the purposes of this Directive should cover stays in Member States other than the one that issued the EU long-term residence permit.
Removed:Necessary for internal coherence and linked to the key aim of the Directive to enhance intra-EU mobility for third-country nationals.
Removed:Recital 33 c (new): (33c) For the purpose of enhancing intra-EU mobility, EU long-term residents should have the possibility to reside in another Member State, on the basis of an EU long-term residence permit or national residence permit. The EU long-term resident should apply for a residence permit within the first three months after arriving in the territory of the second Member State, subject to the provisions in Chapter III and provided that the requirement on the duration of residence in the first Member State has been fulfilled. The national authorities of the Member State concerned should provide easily understandable information to the EU long-term resident on the differences in rights and procedural guarantees depending on the type of permit he or she applies for.
Removed:Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Removed:Recital 34: (34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, and to reduce the unnecessary administrative burdens imposed on EU long-term residents, no check of the labour market situation should be carried out when examining applications for residence in a second Member State.
Removed:Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Removed:Recital 34 a (new): (34a) When an EU long-term resident chooses to apply for a national residence permit, the Member State where the national residence permit is granted should explicitly mention on the permit that the third-country national is a holder of an EU long-term residence permit, and therefore, both the EU long-term resident and his or her family are entitled to related rights, including equal treatment, and procedural safeguards. Where Member States require the EU long-term resident to provide evidence, including on stable and regular resources, a similar evaluation and assessment as in the first Member State should be carried out, in line with the principle of proportionality. In that case, gaps in between labour contracts of less than two months should be considered irrelevant for the purpose of the assessment.
Removed:Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Removed:Recital 37: (37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who are authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of adult children and of first-degree relatives in the direct ascending line who are dependent on them. Family members residing in a second Member State should be able to exercise the same rights as family members residing in the first Member State.
Removed:Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Removed:Recital 38: (38) The Member State in which an EU long-term resident intends to exercise his or her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy and public security.
Removed:Necessary for internal coherence of the Directive and linked to the deletion of Article 20, which falls under the recast procedure.
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Removed:Necessary for internal coherence and clarity of the Directive.
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Removed:Necessary for internal coherence and linked to Article 24(2).
Added:Recital 41: (41) EU long-term residents should acquire EU long-term resident status in the second Member State where they have moved and have decided to settle if they had been granted EU long-term resident status in the first Member State. In that case, EU long-term residents should benefit from the same rights and obligations as mobile Union citizens, in particular concerning social security, social assistance and social protection as defined by national law in accordance with this Directive, as well as all rights and procedural safeguards in this Directive.
Removed:Recital 41: (41) Third-country nationals should be granted the possibility of acquiring EU long-term resident status upon their arrival or as long as they possess a valid EU long-term residence permit in the first Member State. To exercise intra-EU mobility, EU long-term residents should present their EU long-term residence permit from the first Member State and a valid travel document. In case of doubt, Member States may ask an EU long-term resident to present evidence that all conditions in the first Member State are fulfilled. Where necessary, Member States may require an EU long-term resident to provide a proof of income for the past six months and evidence of a sickness insurance. It should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long-term residents other than those who are workers or self-employed persons or their family members, prior to the completion of three years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self-employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of thre…
Added:Recital 43 a (new): (43a) The Commission should assess the possibility of establishing a network between the Member States’ labour and economy ministries, for the purpose of sharing information and best practices in the field of employment and social affairs, including on national labour market forecasts and anticipated shortages in sectors for which cooperation with third countries should be developed. In the development of the EU Talent Pool, the Commission should assess the inclusion of third-country nationals who are mobile within the Union, covered by this Directive and other Union instruments on legal migration.
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Removed:Necessary for internal coherence and reflects changes introduced under the recast procedure.
Added:Article 1 – paragraph -1 (new): -1. The purpose of this Directive is to create a harmonised EU long-term resident status and establish rules on the procedures and rights associated with that status. / This Directive aims to ensure the equal treatment of third-country nationals as referred to in Article 12, foster their integration and social inclusion, and enhance the right to mobility for EU long-term residents within the Union (‘intra-EU mobility’). The rules set out in this Directive also aim to increase the Union’s attractiveness to third-country skills and talents.
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Changed:Article 1 – paragraph 1 – point a: (a) the terms for conferring, non-renewingrenewing and withdrawing EU long-term resident status granted by a Member State in relation to third-country nationals legally and continuously residing in its territory, and the rights pertaining thereto; and
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Removed:Linguistic changes introduced to reflect the provisions set out in Article 1. Necessary for internal clarity of the Directive.
Removed:Article 1 a (new): Article 1a / Purpose / The purpose of this Directive is to create a harmonised EU long-term resident status and set out rules on the procedures and rights associated with this status. / The Directive aims at ensuring equal treatment of third-country nationals, fostering their integration and social inclusion, and enhancing their right to intra-EU mobility. The rules set out in this Directive also aim to increase the Union’s attractiveness to third-country skills and talents.
Removed:Necessary for internal coherence and clarity of the Directive to reflect the objectives set out by the Commission for the recast.
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Removed:Necessary for internal coherence of the Directive. In particular, the provisions on EU long-term residence status are listed in Articles beyond Articles 4-7.
Added:Article 2 – paragraph 1 – point d: (d) ‘second Member State’ means any Member State other than the one which for the first time granted EU long-term resident status to a third-country national and in which that long-term resident exercises the rights provided under this Directive;
Removed:Article 2 – paragraph 1 – point c: (c) ‘first Member State’ means the Member State which currently grants EU long-term resident status to a third-country national;
Removed:Necessary for internal coherence and linked to Chapter III, which falls under the recast procedure.
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Removed:Article 2 – paragraph 1 – point d: (d) ‘second Member State’ means any Member State other than the one which currently grants EU long-term resident status to a third-country national and in which that long-term resident exercises the rights provided under this Directive;
Removed:Linguistic change reflecting the nature of the Directive.
Change 13
Removed:Necessary for internal coherence, in particular reflecting the proposed changes in Article 5, with regards to the calculation period. Furthermore, the Rapporteur believes that, since the beneficiaries of international protection are included in the scope of the Directive, there is no need to exclude beneficiaries of other forms of protection.
Change 14
Removed:Necessary for internal coherence, in particular reflecting the proposed changes in Article 5, with regards to the calculation period. Furthermore, the Rapporteur believes that, since the beneficiaries of international protection are included in the scope of the Directive, there is no need to exclude beneficiaries of other forms of protection.
Added:Article 3 – paragraph 2 – point e: (e) reside solely on temporary grounds as au pair, as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services as covered by Directive 96/71/EC of the European Parliament and of the Council1a; / 1a Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
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Changed:Article 3 – paragraph 2 – point e: (e)f residea as(new): workers(fa) postedreside byin a serviceMember providerState forsolely theas purposesa ofholder cross-borderof provisiona ofresidence services,permit orgranted ason cross-borderthe providersbasis of servicesany askind coveredof byinvestment Directivein 96/71/EC;a Member State.
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Removed:Necessary for internal coherence and linked to Article 4 of this Directive, which falls under the recast procedure.
Added:Article 4 – paragraph 1: 1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long-term resident status to third-country nationals who have resided legally and continuously within its territory for three years immediately prior to the submission of the relevant application.
Removed:Article 3 – paragraph 2 a (new): 2a. reside in a Member State solely as a holder of a residence permit granted on the basis of any kind of investment in a Member State;
Removed:Necessary for internal coherence and in line with the changes proposed in Article 4 of this Directive.
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Removed:Article 4 – paragraph 1: 1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long-term resident status to third-country nationals who have resided legally and continuously within its territory for three years immediately prior to the submission of the relevant application. An interruption period of less than two months shall not affect the continuous nature of residence. Such interruption shall not be taken into account for the duration of residence.
Removed:In its Asylum and Migration Management Regulation, the Commission included an amendment to EU long-term residence directive, which shortens the period of time for beneficiaries of international protection to residence in the first Member State from 5 to 3 years. The Rapporteur believes that this amendment is in line with the earlier proposal of the Commission and is necessary for internal coherence of the Directive.
Removed:Article 4 – paragraph 1 a (new): 1a. By way of derogation from paragraph 1, Member States may grant EU long-term resident status to vulnerable persons who have resided legally and continuously within their territories for less than three years, based on an assessment of their individual situation, in accordance with the conditions set out in national law.
Removed:In line with the overall objective the recast to create a more coherence and fair system. The rapporteur’s amendment aims to introduce a durable solution to those who face particularly difficult circumstances, for instance victims of human trafficking.
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Removed:This provision is now moved to Article 3.
Added:Article 4 – paragraph 3: 3. Member States shall allow third-country nationals to cumulate periods of legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated one year of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State.
Change 18
Changed:Article 4 – paragraph 5 – subparagraph 1:2: AnyRegarding persons to whom international, temporary or other forms of national protection has been granted, the entirety of the period between the date of residencethe spentlodging asof athe holderapplication for international protection on the basis of anywhich visathat orinternational residenceprotection permitwas issuedgranted underand Unionthe ordate nationalof law,the includinggrant of the casesresidence coveredpermit referred to in Article 3(2), points24 (a)of andDirective (e),2011/95/EU shall be taken into account forin the purposescalculation of calculating the period referred to in paragraph 1.
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Changed:Article 4 – paragraph 5 –a subparagraph(new): 2:5a. RegardingWhere personsa referredbeneficiary toof international protection is found in Articlea 3(2),Member pointsState (b),other (c),than andthe (d),one tothat whomgranted international,international temporaryprotection, without a right to stay or otherto formsreside ofthere protectionin hasaccordance beenwith granted,relevant theUnion, entiretynational ofor international law, the period betweenof legal stay in the dateMember ofState that granted that beneficiary international protection preceding such a situation shall not be taken into account in the lodgingcalculation of the applicationperiod forreferred protectionto onin theparagraph basis1. / By way of whichderogation thatfrom protectionthe wasfirst grantedsubparagraph, andin particular where the datebeneficiary of international protection demonstrates that the grantreason offor the stay or residence permitwithout referreda right was due to incircumstances Articlebeyond 24the ofcontrol Directiveof 2011/95/EUthat shallbeneficiary, beMember takenStates intomay accountprovide, in accordance with their national law, that the calculation of the period referred to in paragraph 1.1 shall not be interrupted.
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Removed:During the trilogue on the Qualifications Regulation in June 2018, the Parliament and the Council have agreed on this provision. The provision is also included in the Council’s general approach on the Qualification Regulation. Therefore, the Rapporteur believes the following amendment is necessary for the internal coherence of the Directive.
Added:Article 4 – paragraph 6 – subparagraph 1: Periods of absence from the territory of the Member State concerned shall not interrupt the period referred to in paragraph 1 and shall be taken into account for its calculation where they are shorter than six consecutive months and do not exceed in total 12 months within the period referred to in paragraph 1.
Change 21
Changed:Article 4 – paragraph 5 – subparagraph 26 a (new): Where a beneficiary of international protection is found in a Member6a. State,If otheran thaninterruption thebetween oneresidence thatpermits granted international protection, without a right to stay or to reside there in accordance with relevant Unionunder national or international law,Union thelaw periodis ofless legalthan staytwo inmonths, the Member State that granted him or her international protection preceding such a situationresidence shall notstill be taken intointerpreted accountas inbeing theof calculationa ofcontinuous thenature, periodas referred to in paragraph 1.
Change 22
Removed:During the trilogue on the Qualifications Regulation in June 2018, the Parliament and the Council have agreed on this provision. The provision is also included in the Council’s general approach on the Qualification Regulation. Therefore, the Rapporteur believes the following amendment is necessary for the internal coherence of the Directive.
Added:Article 5 – paragraph 1 – point a: (a) stable and regular resources , also made available by a third party, which are sufficient to maintain himself/herself and the members of his/her family. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;
Removed:Article 4 – paragraph 5 – subparagraph 2 b (new): By way of derogation from the first subparagraph, in particular where the beneficiary of international protection demonstrates that the reason for the stay or residence without a right was due to circumstances beyond his or her control, Member States may provide, in accordance with their national law, that the calculation of the period referred to in paragraph 1 shall not be interrupted.
Added:Article 5 – paragraph 1 a (new): 1a. The conditions referred to in paragraph 1 shall not apply to third-country nationals who have resided legally and continuously in the Member State concerned for ten years immediately prior to the lodging of an application for an EU long-term resident status.
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Removed:During the trilogue on the Qualifications Regulation in June 2018, the Parliament and the Council have agreed on this provision. The provision is also included in the Council’s general approach on the Qualification Regulation. Therefore, the Rapporteur believes the following amendment is necessary for the internal coherence of the Directive.
Added:Article 5 – paragraph 2: 2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity. Member States shall also assess the individual circumstances of the applicant. To ensure compliance with non-discrimination Member States shall consider recourse to social assistance in the evaluation of stable and regular resources, in the case of an applicant's disability or incapacity to work due to circumstances such as pregnancy, injury, accident or disease, in accordance with national law. Stable and regular resources shall not be required to be higher than the threshold below which nationals of the Member State concerned become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the Member State concerned. / For the purpose of evaluating stable and regular resources, gaps in between labour contracts of less than two months shall be considered irrelevant. Member States shall not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. / For the purpose of evaluating stable and regular resources, a maximum period of one year shall be considered. Where Member States issue national residence permits in accordance with Article 14(1) and where more favourable provisions apply for the evaluation of stable and regular reso…
Removed:Article 5 – paragraph 1 – point a: (a) stable and regular resources , also made available by any other third party, which are sufficient to maintain himself/herself and the dependent members of his or her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;
Added:Article 5 – paragraph 3: 3. In accordance with national law, Member States may require a proof of language proficiency up to A2 level. In such cases, Member States shall provide language courses free of charge.
Removed:Necessary for the internal coherence of the Directive and in line with the principle of proportionality.
Added:Article 5 – paragraph 4: 4. Where Member States issue national residence permits in accordance with Article 14(1), and where the conditions laid down in national law for issuance of such permit are met, the third-country national who applied for the national residence permit shall be considered to have fulfilled all the conditions to acquire the EU long-term resident permit.
Removed:Article 5 – paragraph 1 a (new): 1a. The conditions referred to in paragraph 1 shall not apply to third-country nationals who have resided legally and continuously for ten years immediately prior to the submission of the relevant application.
Added:Article 7 – paragraph 1: 1. To acquire EU long-term resident status, the third-country national concerned shall submit an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by a valid travel or identification document or their certified copy.
Removed:In line with aims set out in the proposal to create a more fair system to acquire EU long-term resident status, faciliate easier access to the residence status, and promote the integration of third-country nationals who settled legally and on a long-term basis in the Union.
Added:Article 7 – paragraph 2 – subparagraph 1: The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than 60 days from the date on which the complete application was submitted. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.
Removed:Article 5 – paragraph 2: 2. For the purpose of paragraph 1, point (a), in line with the principle of proportionality, Member States shall evaluate the stable and regular resources by reference to their nature and regularity, shall take into account the individual situation of the person concerned, and shall, as the primary criteria take into account the level of minimum wages and pensions prior to the application for long-term resident status. In any case, the amount shall not be higher than the threshold below which nationals of the Member State concerned become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the Member State concerned. / For the purpose of assessing stable and regular resources, gaps in between labour contracts of less than two months shall be considered irrelevant. Member States shall not impose a minimum income level, which they regard as stable and regular resources, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. For the evaluation of stable and regular resources, a maximum period of one year shall be considered. / Where Member States issue national residence permits in accordance with Article 14(1) and where more favourable provisions apply for the evaluation of stable and regular resources than provided in this Article, the same evaluation shall be applied to EU long-term resident permit h…
Added:Article 7 – paragraph 2 – subparagraph 2: Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. That reasonable deadline shall not be stricter than the equivalent deadline imposed on applicants for national permits. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected.
Removed:Article 5 – paragraph 3: 3. Member States shall not require third-country nationals to comply with integration conditions.
Added:Article 7 – paragraph 4: 4. Where an application for an EU long-term residence permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14(1), that Member State shall not require the applicant to present additional evidence for the application for the EU long-term residence permit provided the compliance with those conditions was already verified in the context of the application for the national residence permit. Where applicable, EU long-term residents shall not be precluded from retaining a national permanent residence permit in accordance with Article 14(1).
Removed:Necessary to reflect the aim of the recast, in particular to promote integration of third-country nationals who settled legally and on a long-term basis in the Union. Considering this Directive covers nationals who have resided in the Union for a long-term basis, it is safe to assume that this specific category of third-country nationals are already integrated.
Added:Article 8 – paragraph 2: 2. Member States shall issue an EU long-term residence permit to EU long-term residents. The permit shall be valid at least for five years; it shall, upon application if required, be automatically renewable on expiry, without introducing additional conditions.
Removed:Article 5 – paragraph 4: 4. Where Member States issue national residence permits in accordance with Article 14(1), all conditions to acquire the EU long-term residence permit shall be considered as fulfilled.
Removed:Article 7 – paragraph 2 – subparagraph 1: The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than 30 days from the date on which the complete application was lodged. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.
Removed:Necessary to reflect the aim of the recast to further harmonise and simplify procedures for acquiring an EU long-term residence status. Furthermore, the Rapporteur believe that the rules set out in this Directive should be harmonised with more favourable provisions adopted in the recent legal migration instruments, including the Blue Card Directive (90 day limit), the ICT Directive (30 day limit) and the S&RD (90 day limit).
Removed:Article 7 – paragraph 2 – subparagraph 2: Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline, within a minimum of 30 days, for presenting or providing them. The period referred to in the first subparagraph shall be suspended from the notification until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected.
Removed:Article 7 – paragraph 4: 4. Where an application for an EU long-term residence permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14(1), that Member State shall not require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), if the compliance with those conditions was already verified in the context of the application for the national residence permit. Member States shall not require third-country nationals who hold a national residence permit and are applying for an EU long-term residence permit to comply with integration conditions. If applicable, EU long-term residents shall not be precluded from retaining a national permanent residence permit in accordance with Article 14(1).
Removed:Article 8 – title: EU long-term residence permit
Removed:Technical amendment for internal clarity and coherence.
Change 23
Removed:Technical amendment reflecting the provisions set out in this Article.
Added:Article 9 – paragraph 1 – point a: (a) detection of fraudulent acquisition, unless there is a clear evidence that the applicant had no knowledge of and responsibility for the fraudulent acquisition, of EU long-term resident status;
Removed:Article 9 – paragraph 1 – point a: (a) detection of fraudulent acquisition, unless without the knowledge of the applicant, of EU long-term resident status;
Added:Article 9 – paragraph 1 – point b: (b) adoption of a decision ending the legal stay under the conditions provided for in Article 13, in which case the Member State concerned shall provide proof of the assessment of conditions listed under Article 13(3);
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Removed:Necessary for internal coherence.
Added:Article 9 – paragraph 2: 2. By way of derogation from paragraph 1, point (c), Member States may extend the period of absences for specific or exceptional reasons beyond 24 consecutive months which shall not entail withdrawal or loss of status. Where the duration of absence allowed under national permanent residence permit referred to in Article 14(1) is longer than the period of absence allowed under this Directive, the more favourable provision shall apply.
Change 24
Changed:Article 9 – paragraph 1 – point b:3: deleted
Change 25
Removed:Necessary for internal coherence and in accordance with new paragraph 1a.
Removed:Article 9 – paragraph 1 a (new): 1a. Member States may adopt a decision ending legal stay under the conditions provided in Article 13, in which case the Member State concerned shall provide proof of assessment of conditions listed under Article13(3).
Removed:Necessary to reflect the aim of the recast to reinforce procedural safeguards and protect third-country national. In addition, this amendment harmonises further this Directive with more recent legal migration instruments.
Removed:Article 9 – paragraph 2: 2. By way of derogation from paragraph 1, point (c), Member States may extend the period of absences for specific or exceptional reasons that are beyond the control of the person concerned, exceeding 24 consecutive months, which shall not entail withdrawal or loss of status. If the duration of absence allowed under national permanent residence permit referred to in Article 14(1) is longer than the period of absence allowed under this Directive, the more favourable provision shall apply.
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Removed:Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Removed:Article 9 – paragraph 4: deleted
Removed:Necessary for internal coherence and to meet the objective of the recast, in particular protection against expulsion. In line with principle of non-refoulement.
Change 26
Removed:Necessary for internal coherence, in particular changes introduced in this Article.
Added:Article 9 – paragraph 6 – subparagraph 1 a (new): By way of derogation from Article 4(1), the persons referred to in paragraph 1, point (c), and paragraph 5 of this Article shall be allowed to apply for the re-acquisition of the EU long-term resident status after one year of continuous and legal residence in the Member State concerned.
Change 27
Changed:Article 9 – paragraph 6 – subparagraph 2: By way of derogation from Article 4(1), the persons referred to in paragraph 1(c) and paragraph 5 shall be allowed to apply for re-acquisition of their EU long-term resident status after one year of continuous and legal residence in the Member State concerned. / In any case, whereWhere third country nationals have submitted a request for re-acquisition of EU long-term resident status following its loss or withdrawal, Member States may decide not to require the fulfilment of the conditions set out in Article 4(1) and Article 5(1).
Change 28
Removed:Necessary for internal coherence and is linked to the objective of facilitating access to EU long-term residence status for third-country nationals who settled legally and on long-term basis in the Union.
Added:Article 10 – paragraph 1: 1. Reasons shall be given for any decision rejecting an application for EU long-term resident status or withdrawing that status. Any decision to do so shall take into account individual circumstances of the third-country national concerned and shall respect the principle of proportionality. Any such decision shall be duly substantiated and notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the redress procedures available and the time within which he/she may act.
Change 29
Changed:Article 10 – paragraph 2: 2. Where an application for EU long-term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right to an effective legal remedy in the Member State concerned, in accordance with national law. The appeal shall have suspensory effect until the decision has acquired the authority of a final decision. The effective legal remedy shall include judicial review. The written notification stating the decision of the Member State concerned shall specify the court or administrative authority with which an appeal may be lodged and the time limit for lodging thesuch an appeal.
Change 30
Removed:The current Directive was drafted in 2003, prior to the binding nature of the EU Charter of Fundamental Rights. The current wording ‘to mount a legal challenge’ does not meet the standards set by Article 47 of the Charter. Additionally, the change proposed is linked to paragraph 3 of this Article, which falls under the recast procedure.
Added:Article 11 – paragraph 1: Member States may require the payment of fees, where appropriate, for the processing of applications to issue and renew EU long-term residence permits in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or dissuasive.
Change 31
Changed:Article 1011 – paragraph 3: 3.2: Where Member States issue national residence permits in accordance with Article 14,14(1), they shall grantnot require EU long-term resident permit holders and applicants theto samepay proceduralhigher safeguardsfees asthan those provided for under their national schemes where the proceduralimposed safeguardson underapplicants suchfor national schemes are moreresidence favourablepermits. thanBy thoseway providedof forderogation infrom this Article, paragraphs 1applicants andin 2,possession andof inor Articleapplying 7(2).for Anya decisionnational rejectingpermanent orresidence withdrawingpermit thein EUaccordance long-termwith residentArticle status14(1) shall takenot intobe accountsubject theto individualfees circumstanceswhen ofapplying thefor casean andEU shalllong-term beresidence proportionate.permit.
Change 32
Changed:Article 11 – paragraph 1: Member States may2 requirea the(new): paymentWhere ofno fees,decision whereis appropriate,taken forwithin the handling of applications in accordance with this Directive. The level of fees imposedtime bylimit aprovided Memberfor Statein forArticle the7(2), processingfirst ofsubparagraph, applicationsany shallfee notrequired bein disproportionateaccordance orwith excessivethis andArticle shall be based on the services actually provided for handling of applicationsreimbursed andto the issuance of permits.applicant.
Change 33
Removed:Article 11 – paragraph 2: Where Member States issue national residence permits in accordance with Article 14(1), they shall not require EU long-term resident applicants to pay higher fees than those imposed on applicants for national residence permits.
Added:Article 12 – paragraph 1 – introductory part: 1. EU long-term residents shall enjoy equal treatment with nationals at least with regard to:
Removed:Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Added:Article 12 – paragraph 1 – point a: (a) access to employment and self-employed activity, terms of employment and working conditions, including conditions regarding dismissal and remuneration, working hours, leave and holiday, as well as health and safety requirements at the workplace;
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Removed:Article 11 – paragraph 2 a (new): By way of derogation from this Article, applicants in possession of national permanent residence permits in accordance with Article 14(1) shall not be subject to fees when applying for an EU long-term residence permit.
Added:Article 12 – paragraph 1 – point b: (b) education and training, including study grants in accordance with national law;
Removed:Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Added:Article 12 – paragraph 1 – point c: (c) recognition of qualifications, including diplomas, certificates and other qualifications, in accordance with the relevant national procedures, and taking into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualifications were already recognised in another Member State;
Removed:Article 12 – paragraph 1 – point c: (c) recognition of occupational and professional qualifications, including diplomas, certificates and other qualifications, in accordance with the relevant national procedures, and taking into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualification was already recognised in another Member State;
Added:Article 12 – paragraph 1 – point d: (d) access to the branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40 , and social assistance and social protection as defined by national law;
Removed:Necessary for internal coherence and linked to the overall objective to increase Union’s attractiveness for skills and talents from third-countries, as well as ensure a level playing field between the EU long-term residence permit and national permanent residence permits in terms of equal treatment rights.
Added:Article 12 – paragraph 1 – point f: (f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing ensuring a decent standard of living, as well as information and counselling services provided by employment offices;
Removed:Article 12 – paragraph 2: 2. With respect to the provisions of paragraph 1, point (d), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident within the Member State concerned.
Added:Article 12 – paragraph 1 – point g: (g) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Removed:In accordance with the principle of proportionality and linked to guaranteed equal treatment rights for third-country nationals and their families.
Added:Article 12 – paragraph 2: 2. With respect to the provisions of paragraph 1, points (d) and (e), the Member State concerned may limit equal treatment to cases where the registered or usual place of residence of the EU long-term resident lies within the Member State concerned. Member States shall inform EU long-term residents of such restrictions when they acquire the EU long term resident status, and on request, provide the EU long-term resident with easily understandable and accessible reasons for such restriction.
Removed:Article 13 – paragraph 3 – point d a (new): (da) the nature and seriousness of the criminal offence committed by the applicant;
Added:Article 12 – paragraph 3 – introductory part: 3. Member States may restrict equal treatment with nationals only in the following cases:
Removed:Codifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.
Added:Article 12 – paragraph 3 – point a: (a) Member States may retain restrictions to access to employment or self-employed activities in cases where those activities are reserved to nationals, provided that such employment or activities entail occasional involvement in the exercise of public authority, in accordance with existing national or Union legislation;
Removed:Article 13 – paragraph 3 – point d b (new): (db) in cases where there are children involved, the best interests and well-being of the children, in particular the seriousness of difficulties which any children of the applicant are likely to encounter in the country to which the applicant is to be returned;
Added:Article 12 – paragraph 3 – point b: (b) Member States may require proof of appropriate language proficiency for access to tertiary education and training. Access to university may be subject to the fulfilment of specific educational prerequisites. Access to early childhood and secondary education and care shall be without any restrictions or prerequisites. Member States shall provide appropriate language training for children.
Removed:Codifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.
Added:Article 12 – paragraph 4: 4. As far as the Member State which granted international protection is concerned, paragraph 3 of this Article shall be without prejudice to Directive 2011/95/EU.
Removed:Article 13 – paragraph 3 – point d c (new): (dc) the solidity of social, cultural and family ties with the host country and with the country of destination.
Added:Article 12 – paragraph 5: 5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country. Any difficulty for EU long-term residents to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.
Removed:Codifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.
Added:Article 13 – paragraph 3 – point a: (a) the duration of residence in their territory and the periods of absence;
Removed:Article 14 – paragraph 1 a (new): Where Member States issue national permanent residence permits, they shall grant third-country nationals to whom they issue the EU long-term resident status the same rights, procedural safeguards and advantages as those provided for under the national schemes, where such provisions are more favourable under national schemes. Where more favourable conditions apply and allow for the acquisition of an EU long-term residence permit, the rights under Chapter III shall be applied subject to the conditions referred to in Article 4(1).
Added:Article 13 – paragraph 3 – point d a (new): (da) the nature and seriousness of the criminal offence committed by the person concerned;
Removed:Necessary for internal coherence and is linked to the aim of the recast to ensure a level playing field between the EU long-term residence permit and national permanent residence permits.
Added:Article 13 – paragraph 3 – point d b (new): (db) in cases where there are children involved, the best interests and well-being of the children;
Removed:Article 14 – paragraph 1 b (new): Where a third-country national holds a national permanent residence permit in accordance with this Article, and applies for an EU long-term residence permit in the same Member State, the Member State in question shall automatically grant an EU long-term resident status to the person concerned.
Added:Article 13 – paragraph 6: deleted
Removed:Necessary for internal coherence and is linked to the aim of the recast to ensure a level playing field between the EU long-term residence permit and national permanent residence permits.
Added:Article 13 – paragraph 7: 7. Where a decision ending the legal stay of an EU long-term resident has been adopted, that EU long-term resident shall have the right to effective legal remedy in the Member State concerned in accordance with Article 10.
Change 34
Changed:Article 1514 – paragraph 1: 1. The1 childrena residing(new): withWhere andMember dependentStates onissue annational EUresidence long-termpermits residentof inpermanent theor Memberunlimited Statevalidity, wherethey theshall EUgrant long-termthird-country residencenationals permitto waswhom issuedthey shallissue acquirethe EU long-term resident status automatically,the withoutsame beingrights, subjectprocedural tosafeguards theand conditionsadvantages setas outthose ingranted Articlesfor 4under andparallel 5.national Theschemes, EUwhere long-termsuch residentrights, shallsafeguards lodgeand anadvantages applicationare withmore favourable under the competentnational authoritiespermit. ofWhere thean MemberEU Statelong-term inresidence whichpermit he/sheis residesissued tounder obtainmore favourable conditions, the EU long-term residenceresident permitconcerned forshall hisenjoy orthe herrights child.under Chapter III after the conditions referred to in Article 4(1) are met.
Change 35
Changed:Article 1514 – paragraph 1 ab (new): 1a.Where Bya waythird-country ofnational derogationalready fromholds Articlea 15(1)national ofpermanent Directiveresidence 2003/86/EC,permit in the best interestsaccordance ofwith athis childArticle, and in light of individual circumstances, Member States shallapplies grantfor autonomousan EU long-term residence permit toin childrenthe ofsame anMember EUState, long-termthe resident,Member uponState application,in afterquestion oneshall yearautomatically ofgrant residencean onEU thelong-term territoryresident ofstatus theto Memberthe Stateperson concerned.
Change 36
Removed:Linked to the recast’s aim to strengthen the rights of EU long-term resident’s family members. Consistent with the Charter of Fundamental Rights, in particular the right to family life.
Added:Article 15 – paragraph 1: 1. The dependent children of an EU long-term resident shall acquire EU long-term resident status automatically, without being subject to any conditions. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term residence permit for his/her child.
Change 37
Changed:Article 15 – paragraph 1 ba (new): 1b.1a. By way of derogation from Article 15(1) and (3) of Directive 2003/86/EC, in light of individual circumstances and for the purpose of protecting family members, Member States shall grant autonomousan EU long-term residence permit to family members of an EU long-term resident, upon application, after two years of legal and continuous residence of those family members in the territory of the Member State concerned.
Change 38
Removed:Linked to the recast’s aim to strengthen the rights of EU long-term resident’s family members. Consistent with the Charter of Fundamental Rights, in particular the right to family life. The following provision specifically aims to protect family members in the event of a change in the family situation or under particularly difficult circumstances, notably due to domestic violence.
Added:Article 15 – paragraph 1 b (new): 1b. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes of calculation of the duration of residence required for the acquisition of an autonomous residence permit, residence in different Member States shall be cumulated. Member States may require one year of legal and continuous residence in the territory of the Member State where the application for the autonomous residence permit is submitted immediately prior to the submission of the application for the autonomous residence permit.
Change 39
Changed:Article 15 – paragraph 1 c (new): 1c. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes4(2) ofand calculation4(3) of the duration of residence requiredDirective for2003/86/EC, the acquisitioncategories of an autonomous residencepersons permit,referred residenceto in different Member States shall be cumulated. Member States may require one year ofArticle legal4(2) and continuous residence in the territory4(3) of the Member State where the application for the autonomous residence permitthat isDirective submittedshall immediatelybe priorauthorised to thejoin submissionthe ofEU thelong-term applicationresident forin the autonomousMember residenceState permit.concerned.
Change 40
Removed:Necessary for internal coherence and inextricably linked to Article 21(4) which falls under the recast procedure.
Removed:Article 15 – paragraph 1 d (new): 1d. By way of derogation from Article 4(2) and (3) of the Directive 2003/86/EC, the categories of persons referred to in Article 4(2) and (3) shall be authorised to join the EU long-term resident in the Member State concerned.
Removed:Necessary for internal coherence and linked to Article 18(2) which falls under the recast procedure.
Change 41
Changed:Article 15 – paragraph 3: 3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 30 days after the date of submission of the application for family reunification. When the applications where handedhandled simultaneously, the reunification shall be immediate. Article 7(2) and Article 10 of this Directive shall apply accordingly.
Change 42
Changed:Article 15 – paragraph 4 a (new):4: 4a.4. By way of derogation from Article 14(1),14(2) pointof (b),Directive 2003/86/EC, Member States shall not examine the situation of thattheir Directivelabour market in relation to family members and family members shall have access to any employment,employment and to self-employed activity in accordance with applicable requirements under national law, in the Member State concerned.law.
Change 43
Removed:Necessary for internal coherence and in line with equal treatment provisions.
Change 44
Removed:Linguistic change necessary for internal coherence.
Added:Article 16 – paragraph 1: 1. For the purpose of exercising long-term mobility, an EU long-term resident shall acquire the right to reside in the territory of a second Member State, in accordance with Articles 17 and 26, provided that the conditions set out in this Chapter are met. The EU long-term resident shall apply for a residence permit in the first three months after entering the territory of the second Member State. The competent national authorities shall provide complete and easily understandable information about the differences in rights and procedural guarantees depending on the type of a residence permit.
Removed:Article 16 – paragraph 1: 1. For the purpose of exercising long-term mobility, an EU long-term resident shall acquire the right to reside in the territory of a second Member State, in accordance with Articles 17 and 27, provided that the conditions set out in this Chapter and in Article 14(2) are met. The EU long-term resident shall apply for a residence permit in the first three months after entering the territory of the second Member State. The competent national authorities shall provide complete and easily understandable information about the differences in rights and procedural guarantees depending on the type of a residence permit.
Added:Article 16 – paragraph 2 – point b: (b) pursuit of studies or training, including occupational and vocational training, apprenticeships, internships or traineeships;
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Removed:Necessary for internal coherence and linked to Articles 17 and 25, which fall under the recast procedure. Linked to objective of the recast, in particular to enhance EU’s attractiveness in the eyes of third-country nationals, promote their integration in the Union’s labour market, and facilitate their right to intra-EU mobility.
Added:Article 16 – paragraph 3 – subparagraph 2: deleted
Change 45
Changed:Article 16 a (new): Article 16a / Short-term mobility / 1. For the purpose of exercising short-term mobility, where a third-country national who holds a valid EU long-term residence permit issued by a Member State that applies the Schengen acquis in full enters and stays in one or several Member States for a period of 90 days in any 180-day period for the purpose of carrying outexercising aan businesseconomic activity, the second Member State shall not require any authorisation for exercising such activity other than the EU long-term residence permit. / 2. A third-country national who holds a valid EU long-term residence permit issued by a Member State that does not apply the Schengen acquis in full shall be entitled to enter and stay for the purpose of carrying outexercising aan businesseconomic activity in one or several Member States for up to 90 days in any 180-day period on the basis of the EU long-term residence and a valid travel document. Where the EU long-term resident crosses an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU long-term resident to provide evidence of the business purpose of the stay. The second Member State shall not require any authorisation for exercising the business activity other than the EU long-term residence permit.
Change 46
Removed:Necessary for internal coherence and clarity, in particular to harmonise the Directive with more recent legal migration instruments, which include provisions on short-term mobility.
Added:Article 17 – title: Long-Term mobility and residence in a second Member State
Removed:Article 17 – title: Long-term mobility and residence in a second Member State
Removed:Technical change necessary for internal coherence and clarity.
Change 47
Removed:Necessary for internal coherence, since this provision has been moved to Article 16(1) on the general principles.
Added:Article 17 – paragraph 1 – subparagraph 2 a (new): The residence permit shall be issued in accordance with the rules and standard model as set out in Regulation (EC) No 1030/2002. Under the heading ‘remarks’, the Member States shall add that the applicant is ‘entitled to rights referred to in Chapter III of the EU long-term residence directive (Directive XXX).’
Removed:Article 17 – paragraph 1 – subparagraph 1 a (new): The residence permit shall be issued in accordance with the rules and standard model as set out Council Regulation (EC) No 1030/2002. Under the heading ‘remarks’, the Member States shall add that the applicant is a ‘entitled to rights referred to in Chapter III of the EU long-term residence directive (Directive XXX).’
Added:Article 17 – paragraph 2 – point a: (a) stable and regular resources, also made available by a third party, which are sufficient to maintain themselves and the dependent members of their families. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources in accordance with the evaluation provisions set out in Article 5(2). Member States shall also assess the individual circumstances of the applicant. To ensure compliance with non-discrimination, Member States shall consider recourse to social assistance in the evaluation of stable and regular resources, in the case of an applicant’s disability or incapacity to work due to circumstances such as pregnancy, injury, accident or disease, in accordance with national law;
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Removed:Necessary for internal coherence and linked to improving the effectiveness and better implementation of the current Directive.
Added:Article 17 – paragraph 3 – subparagraph 1: Member States may not require third-country nationals to comply with integration measures, in accordance with national law. The persons who acquired an EU long-term residence permit in the second Member State and their family members shall have access to free language courses.
Removed:Article 17 – paragraph 2 – point a: (a) stable and regular resources, also made available by any third party, which are sufficient to maintain themselves and the dependent members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions. For the purpose of assessing the resources, the second Member State shall apply the same evaluation rules set out in Article 5(2). Gaps in between labour contracts of less than two months shall be considered irrelevant for the purpose of the assessment;
Added:Article 17 – paragraph 3 – subparagraph 2: deleted
Removed:Necessary for internal coherence and inextricably linked to the Recital 11, Article 5, and this Article, all of which fall under the recast procedure. changes introduced in Recital 11, Article 5, and this Article.
Added:Article 17 – paragraph 3 – subparagraph 3: deleted
Removed:Article 17 – paragraph 3: deleted / (deleted) / (deleted)
Added:Article 17 – paragraph 4 – subparagraph 1: The application shall be accompanied by the EU long-term residence permit and a valid travel or identification document or their certified copies.
Removed:Necessary to reflect the aim of the recast, in particular to promote integration of third-country nationals who settled legally and on a long-term basis in the Union. Considering this Directive covers nationals who have resided in the Union for a long-term basis, it is safe to assume that this specific category of third-country nationals are already integrated.
Added:Article 17 – paragraph 4 – subparagraph 2 – introductory part: Additional documentary evidence shall be limited to:
Removed:Article 17 – paragraph 4 – subparagraph 1: The application shall be accompanied by their EU long-term residence permit and a valid travel document or their certified copies.
Added:Article 17 – paragraph 4 – subparagraph 2 – point b: (b) in case of study or training, including occupational and vocational training, the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or training.
Removed:Necessary for internal coherence and clarity.
Added:Article 17 – paragraph 4 – subparagraph 2 a (new): Member States shall ensure that any requirement of such evidence is proprotionate and is not dissuasive.
Removed:Article 17 – paragraph 4 – subparagraph 2 – introductory part: If applicable, additional documentary evidence shall be limited to:
Added:Article 17 – paragraph 4 – subparagraph 3: With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional and occupational diplomas, certificates or other qualifications, in accordance with applicable Union and national law.
Removed:Necessary for internal coherence and linked to the changes introduced in the subparagraph above.
Added:Article 17 – paragraph 5: 5. The EU long-term resident shall be allowed to commence work or study in the second Member State as soon as possible and no later than 30 days after the date of submission of the complete application.
Change 48
Changed:Article 1718 – paragraph 4 –2: subparagraph2. 3:When Withthe regardEU tolong-term theresident exerciseexercises ofhis/her anright economicof activityresidence in a regulatedsecond professionMember asState definedand inwhen Articlethe 3(1),family pointwas (a),already ofconstituted Directivein 2005/36/EC,the forfirst theMember purposeState, ofthe applyingmembers forof ahis/her residencefamily permitpresent in athe secondfirst Member State, EU long-term residents shallother enjoythan equalthose treatmentreferred withto Unionin citizensArticle as4(1) regardsof recognitionDirective of2003/86/EC, professionalshall andbe occupationalauthorised qualifications,to inaccompany accordanceor withto applicablejoin Unionthe andEU nationallong-term law.resident.
Change 49
Removed:Article 17 – paragraph 5: 5. The EU long-term resident shall be allowed to commence work or study in the second Member State immediately or no later than 30 days after the date of submission of the complete application.
Removed:Article 18 – paragraph 1 a (new): 1a. Where the EU long-term resident exercises his or her right of residence in a second Member State, provisions and derogations set out in Article 15 of this Directive shall apply to family members joining an EU long-term resident in the second Member State.
Removed:Necessary for internal coherence and linked to provisions under Article 15, which falls under the recast. In line with the overall objective to enhance the rights of EU long-term resident’s family members and fundamental right to family life. In accordance with the principle of non-discrimination.
Removed:Article 18 – paragraph 2: 2. By way of derogation from Article 4(2) and (3) of Directive 2003/86/EC, categories of persons referred to in Article 4(2) and (3) shall be authorised to accompany or to join the EU long-term resident in the second Member State.
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Removed:Necessary for internal coherence and linked to provisions under Article 15, which falls under the recast. In line with the overall objective to enhance the rights of EU long-term resident’s family members and fundamental right to family life.
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Removed:Deletion necessary for internal coherence and clarity. Linked to one of the aims of the recast, in particular facilitating intra-EU mobility of EU long-term residents and their family members. Additionally, the changes introduced in this paragraph are linked to Recital 10 and Article 17, which fall under the recast procedure.
Added:Article 18 – paragraph 5: 5. Where the family was not already constituted in the first Member State, Article 15 of this Directive and Directive 2003/86/EC shall apply.
Removed:Article 18 – paragraph 5: 5. Where the family was not already constituted in the first Member State, the derogation referred to in Article15(3) of this Directive shall apply.
Added:Article 19 – title: Public policy, public security or public health
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Removed:Necessary for internal coherence and inextricably linked to Article 15(3), which falls under the recast procedure.
Added:Article 19 – paragraph 1 – subparagraph 1: Member States may refuse applications for residence from EU long-term residents or their family members where the person concerned constitutes a threat to public policy, or public security, or public health.
Removed:Article 19 – paragraph 1 – subparagraph 2: When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security committed by the long-term resident or his or her family member(s), or the danger that emanates from the person concerned, while also having a proper regard to the duration of residence and to the existence of links with the country of residence.
Removed:Necessary for internal coherence, in accordance with Article 6 of this Directive. Linked to the recast’s aim to strengthen protection against expulsion.
Change 51
Removed:Necessary for internal coherence, as public health is a valid reason for refusal of a residence permit only in the second Member State. This Article falls under the recast procedure.
Added:Article 21 – paragraph 1 – subparagraph 1: The competent national authorities shall take a decision on the application and notify the applicant in writing as soon as possible but not later than 60 days from the date that the application has been submitted.
Removed:Article 21 – paragraph 1 – subparagraph 1: The competent national authorities shall take a decision on the application and notify the applicant in writing as soon as possible but not later than 30 days from the date that the application has been lodged.
Removed:Necessary for internal coherence and is linked to the objective of swifter and simplified procedures.
Change 52
Removed:Necessary for internal coherence
Added:Article 21 – paragraph 1 – subparagraph 2 a (new): Where no decision is taken within the time limit provided for in the first subparagraph of this paragraph, any fee required in accordance with Article 11 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limit.
Change 53
Changed:Article 21 – paragraph 1 a– (new):subparagraph 1a.2 b (new): Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline, with a minimum of 30 days,deadline for presenting or providing them. The period referred to in the first subparagraph shall be suspended from the notification until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected.
Change 54
Removed:Necessary for internal coherence and linked to Article 7(2), which falls under the recast procedure.
Added:Article 21 – paragraph 2: 2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy, public security and public health in Articles 19 and 20, the second Member State shall issue the EU long-term resident with a renewable residence permit. This residence permit shall, upon application, be renewable on expiry. The second Member State shall inform the first Member State of its decision.
Removed:Article 21 – paragraph 2: 2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy and public security in Article 19, the second Member State shall issue the EU long-term resident with a renewable residence permit. This residence permit shall, upon application be renewable on expiry. The second Member State shall inform the first Member State of its decision.
Removed:Necessary for internal coherence, particularly to reflect the deletion of Article 20.
Change 55
Changed:Article 23 – paragraph 2: 2. Where an application for a residence permit is rejected, or the permit is not renewed or is withdrawn, the person concerned shall have the right to effective judicial remedy in the Member State concerned, in accordance with national law. The appeal shall have suspensory effect until the decision has acquired the authority of a final decision. The effective legal remedy shall include judicial review. The written notification stating the decision of the Member State concerned shall specify the court or administrative authority with which the appeal may be lodged and the time limit for lodging the appeal.
Change 56
Removed:The current Directive was drafted in 2003, prior to the binding nature of the EU Charter of Fundamental Rights. The current wording ‘to mount a legal challenge’ does not meet the standards set by Article 47 of the Charter. Linked to Article 10 of this Directive.
Added:Article 24 – paragraph 1: 1. As soon as the EU long-term resident has received the residence permit provided for by Article 21 in the second Member State, EU long-term residents and their family members shall in that Member State enjoy equal treatment in the areas and under the conditions referred to in Article 12.
Change 57
Changed:Article 24 – paragraph 1:2 1.– Assubparagraph soon2: asMember States may provide that the EU long-term resident hasresidents receivedand thetheir residencefamily permitmembers providedwho forexercise byan Articleeconomic 21activity in thean secondemployed Membercapacity State,communicate EUto long-termthe residentscompetent andauthorities theirany familychange membersof shallemployer inor thateconomic Memberactivity. StateSuch enjoyrequirement equalshall treatmentnot inaffect the areas andright underof the conditionspersons referredconcerned to intake Articleup 12.and carry out the new activity.
Change 58
Removed:Necessary for internal coherence and clarity.
Added:Article 24 – paragraph 2 – subparagraph 3: Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), point (c), and their family members may have access to an employed or self-employed activity.
Removed:Article 24 – paragraph 2 – subparagraph 2: deleted
Added:Article 24 – paragraph 2 – subparagraph 3 a (new): Persons referred to in Article 16(2), point (b), shall be entitled to have access to an employed or self-employed activity outside of their studies or training and subject to the rules and conditions applicable to the relevant activity in the Member State concerned. Each Member State shall determine the maximum amount of time allowed for such an activity, in accordance with Union and national law.
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Removed:Article 24 – paragraph 2 – subparagraph 3: deleted
Removed:Necessary for internal coherence and clarity. Additionally, linked to the overall objective of promoting integration of third-country nationals who have lawfully resided within the Union on a long-term basis.
Change 59
Removed:Technical change necessary for internal coherence and clarity.
Change 60
Removed:Changes made to the paragraph which falls under the recast procedure. Necessary for internal coherence and clarity.
Added:Article 25 – paragraph 3: deleted / (deleted)
Change 61
Changed:Article 25 – paragraph 3 – subparagraph 1:a The(new): second3a. MemberRemoval Statedecisions shallmay not refoulebe third-countryaccompanied nationalsby whosea long-termpermanent resident’sban EUon residence permit issued by the first Member State containsin the remarkcases referred to in Article 8(4)paragraph of1, thispoint Directive.(b).
Change 62
Removed:Deletion consistent with agreement reached at the Trilogue on the Qualification Regulation in June 2018, which deleted the provisions on exceptions to non-refoulement (Art. 21(2) Qualification Directive).
Added:Article 26 – paragraph 1: 1. Upon application for an EU long-term residence permit, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the conditions referred to in Article 17 and 19. The second Member State shall notify its decision to the first Member State.
Removed:Article 25 – paragraph 4 a (new): 4a. Removal decisions may not be accompanied by a permanent ban on residence in the cases referred to in paragraph 1(b).
Added:Article 26 – paragraph 1 a (new): 1a. Upon the granting of EU long-term residence permit, all rights as referred to in Chapter I and II of this Directive applicable to EU long-term residents and their family members in the first Member State shall apply to EU long-term residents and their family members in the second Member State.
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Removed:Re-introduces a text that was deleted in the new proposal. The following strike-through text falls under the Recast procedure.
Added:Article 26 – paragraph 2: 2. An EU long-term resident shall be entitled to submit an application for an EU long-term residence permit, upon the arrival of that EU long-term resident to the second Member State or no later than the expiry of that resident’s EU long-term residence permit in the first Member State.
Removed:Article 26 – paragraph 1: 1. Upon application for an EU long-term residence permit, the second Member State shall grant EU long-term residents the status provided for by Article 7. The second Member State shall notify its decision to the first Member State.
Added:Article 26 – paragraph 2 a (new): 2a. By way of derogation from Article 17(2), point (a), a maximum period of six months shall be considered for the evaluation of stable and regular resources.
Removed:Necessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.
Added:Article 26 – paragraph 3 – subparagraph 1: Where the second Member State confers entitlement to social assistance, or maintenance aid for studies, including vocational training, consisting in student grants or student loans to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, prior to the completion of five years of legal and continuous residence, it shall also confer such entitlement to EU long-term residents under the same conditions.
Removed:Article 26 – paragraph 1 a (new): 1a. Upon granting of the EU long-term residence permit, all rights as referred to in Chapter I and II of this Directive applicable to EU long-term residents and their family members in the first Member State shall apply to EU long-term residents and their family members in the second Member State.
Added:Article 26 – paragraph 3 – subparagraph 2: deleted
Removed:Necessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.
Added:Article 26 – paragraph 3 – subparagraph 2 a (new): The second Member State shall, in accordance with national law or practice, provide social assistance to an EU long-term resident, in the case of a disability or incapacity to work due to circumstances such as pregnancy, accident, injury or disease.
Removed:Article 26 – paragraph 2: 2. By way of derogation from Article 4(1) and (3), an EU long-term resident shall be entitled to submit an application for an EU long-term residence permit, upon his or her arrival to the second Member State or no later than the expiry of his or her EU long-term residence permit in the first Member State.
Removed:Article 26 – paragraph 2 a (new): 2a. For the purpose of application, as referred to in paragraph 1, the applicant shall present: / (a) the valid EU long-term residence permit issued by the first Member State; / (b) a valid travel document, as specified by national law;
Removed:Necessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.
Removed:Article 26 – paragraph 2 b (new): 2b. The Member State concerned may require the EU long-term resident to present documentary evidence to prove that conditions have been met in the first Member State when acquiring the EU long-term residence permit and that the condition referred to in Article 4(1) is fulfilled.
Removed:Necessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.
Removed:Article 26 – paragraph 2 c (new): 2c. By way of derogation from Article 5(1), the second Member State may require the EU long-term resident to present: / (a) stable and regular resources, also made available by any other third party, which are sufficient to maintain himself or herself and the dependent members of his or her family, without recourse to social assistance system of the Member State concerned. For the evaluation of stable and regular resources, a maximum period of six months shall be considered. / (b) evidence of, or if provided for by national law, having applied for, sickness insurance in respect of all risks normally covered for his or her own nationals in the Member State concerned.
Removed:Necessary for internal coherence and linked to recast’s key objective of enhancing intra-EU mobility for third-country nationals, which is an added value of the status in comparison to national permits on Member State level.
Removed:Article 26 – paragraph 3 – subparagraph 1: By way of derogation from Article 12, first paragraph, point (d), the second Member State shall not be obliged to confer entitlement to social assistance, or maintenance aid for studies, including vocational training, consisting in student grants or student loans to EU long-term residents other than workers, self-employed persons, and their family members, prior to the completion of three years of legal and continuous residence in its territory.
Removed:Article 26 – paragraph 3 – subparagraph 2: The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of three years of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens other than workers, self-employed persons or persons who retain such status under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members.
Change 63
Removed:Necessary for internal coherence and linked to the recast's aim of enhancing intra-EU mobility.
Added:Article 26 – paragraph 5: 5. The procedure laid down in Article 7 shall apply to the presentation and examination of applications for EU long-term resident status in the second Member State. Article 8 shall apply for the issuance of the residence permit. Where the application is rejected, the procedural guarantees provided for by Article 10 shall apply. A decision to reject an application for mobility shall take into account the specific circumstances of the case and shall respect the principle of proportionality.
Removed:Article 26 – paragraph 4 a (new): 4a. The Member State may reject an application for an EU long-term residence permit where: / (a) the conditions set in paragraph 2 and 2a are not complied with; / (b) the documents presented have been fraudulently acquired, with the knowledge of an applicant; / (c) the EU long-term resident poses a threat to public policy and public security in accordance with Article 6 of this Directive.
Added:Article 27 – paragraph 1 – introductory part: 1. Member States shall provide information to applicants for an EU long-term resident permit in a language that they are likely to understand as determined by the Member State concerned.
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Removed:Necessary for internal coherence and linked to recast’s objective of protection third-country nationals against expulsion and enhancing procedural safeguards.
Added:Article 27 – paragraph 1 – point a: (a) on the documentary evidence needed for an application and on rights and procedures related to living and working in a second Member State under relevant Union and national labour law and practice;
Removed:Article 26 – paragraph 5: 5. The procedure laid down in Article 7 shall apply to the presentation and examination of applications for EU long-term resident status in the second Member State. Article 8 shall apply for the issuance of the residence permit. Where the application is rejected, the procedural guarantees provided for by Article 10 shall apply. Without prejudice to paragraph 4 of this Article, a decision to reject an application for mobility shall take account of specific circumstances of the case and shall respect the principle of proportionality.
Added:Article 27 – paragraph 1 – point b: (b) on the status acquisition and residence conditions applicable to third-country nationals and to their family members, including their rights and obligations and the procedural safeguards under this Directive and under relevant Union and national law and practice.
Removed:Necessary for internal coherence and in accordance with the principle of proportionality.
Added:Article 27 – paragraph 2: 2. Where Member States issue national residence permits in accordance with Article 14, they shall ensure the same access to information on the EU long-term resident permit as the one provided with respect to such national residence permits. During the application process, the Member State issuing a permit shall inform the applicant, in writing, of the possibility of obtaining an EU long-term residence permit and the possibility to retain national and EU long-term resident permits simultaneously. Member States shall ensure accessibility to information for persons with disabilities.
Change 64
Changed:Article 27 – paragraph 2 a (new): 2a. WhenOnce a resident acquires athird-country national residence permithas incompleted accordancethe withrequired Articleterm 14,of theresidence Memberon StateUnion issuingterritory, the permitapplicant shall informbe them,informed inby writing,the ofcompetent theauthorities possibilityabout ofcompletion obtainingof anthe EUterm long-termand residencethe permit.possibility Memberto Statesapply shouldfor informthe applicantsstatus ofprovided thefor possibilityby toArticle retain7, nationalsubject andto EUthe long-termprovisions residencein permitthis simultaneously.Directive.
Change 65
Removed:Linked to the provisions in this Article, which falls under the recast procedure.
Added:Article 28 – paragraph 2: In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, taking into account, inter alia, the different factors relevant for the integration of third-country nationals across Member States.
Removed:Article 29 – paragraph 1: Member States shall appoint contact points who will be responsible for receiving and transmitting the information and documentation referred to in Articles 8, 13, 21, 22, 25 and 26.
Removed:Necessary for internal coherence and linked to the changes introduced in Article 9, which is under the recast procedure.
Change 66 under “EXPLANATORY STATEMENT”
Added:In line with Rule 110(3) of EP Rules of Procedure, there is an inextricable link between the amendments adopted in LIBE in this procedure.
Added:23.3.2023