report parliamentary committee draft, 21 November 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)
Document LIBE-PR-738503 · (COM(2022)0650 – C90162/2022 – 2022/0134(COD))
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Damian Boeselager
AI:In short
This is the rapporteur's draft report on the proposed recast directive on the status of third-country nationals who are long-term residents. It adopts a first-reading position and tables amendments to the Commission proposal. The amendments shorten the required residence period from five to three years, exclude holders of residence permits granted for investment, and allow vulnerable persons to be granted status with less residence. They remove integration conditions, set a 30-day deadline for decisions, and add safeguards against withdrawal and expulsion, including rules on absences and re-acquisition of status. They set up short-term and long-term intra-EU mobility rules, including a 90-day short-term stay and a three-month deadline to apply for a residence permit in the second Member State. They strengthen rights of family members, including autonomous residence permits after one year for children and two years for other family members, and a 30-day deadline for family reunification decisions.
Position. The rapporteur proposes to adopt Parliament's first-reading position with amendments to the Commission proposal. The main lines are to shorten the residence requirement to three years, exclude investment-based permits, remove integration conditions, strengthen safeguards against withdrawal and expulsion, and set up intra-EU mobility and family reunification rules.
Key points
- Parliament adopts its first-reading position on the Commission proposal, taking into account the recommendations of the Consultative Working Party of the legal services.
- The Commission is called on to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
- A new purpose article states the directive creates a harmonised EU long-term resident status, ensures equal treatment, fosters integration and social inclusion, and enhances intra-EU mobility.
- Member States shall grant EU long-term resident status after three years of legal and continuous residence, and an interruption of less than two months shall not affect continuity.
- Member States may grant status to vulnerable persons who have resided for less than three years, based on an assessment of their individual situation under national law.
- Persons holding a residence permit granted solely on the basis of any kind of investment are excluded from the scope of the directive.
- Member States shall not require applicants to comply with integration conditions, and the conditions on resources and sickness insurance shall not apply to those resident for ten years.
- The competent national authorities shall decide on an application no later than 30 days after it is lodged, and applicants shall be given at least 30 days to provide missing documents.
- Member States may extend absences beyond 24 consecutive months for reasons beyond the person's control, and shall provide a facilitated procedure for re-acquisition after one year of continuous legal residence.
- A short-term mobility scheme allows holders of a valid EU long-term residence permit to enter and stay for up to 90 days in any 180-day period to carry out a business activity.
- For long-term mobility, the EU long-term resident shall apply for a residence permit within the first three months after entering the second Member State, and may start work or study immediately or no later than 30 days after applying.
- Member States shall grant autonomous EU long-term residence permits to children after one year of residence and to other family members after two years, and shall decide on family reunification within 30 days.
Who is affected
- Third-country nationals legally residing in a Member State, who would need three years of residence instead of five to obtain EU long-term resident status.
- Beneficiaries of international, temporary and other forms of protection, who may obtain EU long-term resident status under the same conditions as other third-country nationals.
- Family members of EU long-term residents, who may obtain autonomous residence permits after one year for children and two years for others.
- Holders of residence permits granted on the basis of any kind of investment, who are excluded from the scope of the directive.
- EU long-term residents moving to a second Member State, who must apply for a residence permit within three months and may start work or study within 30 days.
Figures and deadlines
- Three years: the required period of legal and continuous residence for EU long-term resident status.
- Two months: an interruption of less than this period shall not affect the continuous nature of residence.
- Ten years: residents of this duration shall not be subject to the conditions on resources and sickness insurance.
- 30 days: the deadline for the competent national authorities to decide on an application.
- 30 days: the minimum deadline for applicants to provide additional documents or information.
- 24 consecutive months: the maximum absence from the Union without losing EU long-term resident status.
- 90 days in any 180-day period: the maximum stay under the short-term mobility scheme for a business activity.
- Three months: the deadline for an EU long-term resident to apply for a residence permit after entering the second Member State.
Legal basis. Article 294(2) and Article 79(2), points (a) and (b) of the Treaty on the Functioning of the European Union.
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Draft european parliament legislative resolution 899 paragraphs
(COM(2022)0650 – C90162/2022 – 2022/0134(COD))
(Ordinary legislative procedure – recast)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2022)0650),
–having regard to Article 294(2) and Article 79(2), points (a) and (b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90162/2022),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,
–having regard to Rules 110 and 59 of its Rules of Procedure,
–having regard to the opinion of the Committee on Employment and Social Affairs,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2022),
A.whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;
1.Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
Read the rest (887 paragraphs)
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, stated that the legal status of third-country nationals should be approximated to that of Member States' nationals and that a person who has resided legally in a Member State for a period of time to be determined and who holds a long-term residence permit should be granted in that Member State a set of uniform rights which are as near as possible to those enjoyed by citizens of the European Union. |
Or. en
Justification
The Rapporteur re-introduces text which has been deleted by the Commission in this proposal. The strike-through text falls under the recast procedure.
Amendment 2
Proposal for a directive
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (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 protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals. | (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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 3.
Amendment 3
Proposal for a directive
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Third-country nationals who are beneficiaries of free movement rights in accordance with EU law should be given access to EU long-term residence 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 residence status should be without prejudice to 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. | (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. |
| 33 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77). | 33 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77). |
Or. en
Justification
Consistency with the definition set out in the Directive.
Amendment 4
Proposal for a directive
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and in line with Article 3 of the Directive.
Amendment 5
Proposal for a directive
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the territory of a Member State. Residence should be both legal and continuous in order to show that the person has put down roots in the country. Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis. | (7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the Union. Residence should be both legal and continuous in order to show that the person has put down roots in the country. Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis. |
Or. en
Justification
Necessary for internal coherence and linked to the aim of promoting intra-EU mobility.
Amendment 6
Proposal for a directive
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State 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. | (8) To prevent the risk of abusive acquisition of EU long-term resident status, this Directive should not apply to third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, 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. This is particularly relevant, as the issue of these residence permits is not always subject to the requirement of 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. |
Or. en
Amendment 7
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The required period of residence for the acquisition of EU long-term resident status should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third-country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should 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 for the purpose of cumulating periods. | (9) To further facilitate access to EU long-term resident status for third-country nationals, the required period of residence for the acquisition of EU long-term resident status is reduced from five to three years, which should be completed in the same Member State of application. A Member State should inform a third-country national about the completion of lawful and continuous residence and the possibility to apply for the EU long-term resident status. However, in order to promote the intra-EU mobility of third-country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and considering the fact that not all Member States have regulated this category of residence permits, Member States should 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 for the purpose of cumulating periods. |
Or. en
Amendment 8
Proposal for a directive
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 5.
Amendment 9
Proposal for a directive
Recital 9 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 5.
Amendment 10
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Any period of residence spent by a holder of a long-stay 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, residence as beneficiary of national or temporary protection, 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. | (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. |
Or. en
Amendment 11
Proposal for a directive
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Linked to the agreement reached in the trilogue of the Qualification Regulation.
Amendment 12
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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 long-term resident status. Member States should take into account the individual circumstances of the person concerned, in line with the principle of proportionality as a general principle of Union law. Where Member States issue national permanent residence permits with provisions on assessing stable and regular resources, the more favourable provisions should apply. |
Or. en
Justification
Falls under the recast procedure.
Amendment 13
Proposal for a directive
Recital 11 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and clarity.
Amendment 14
Proposal for a directive
Recital 11 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Amendment 15
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. 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, illiteracy or level of education. | (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. |
Or. en
Justification
Necessary for internal coherence of the Directive.
Amendment 16
Proposal for a directive
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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. |
Or. en
Justification
Necessary for internal coherence of the Directive and in line with the principle of proportionality.
Amendment 17
Proposal for a directive
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin 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. | (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. |
Or. en
Amendment 18
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) Professional 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. | (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. |
| 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22). | 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22). |
Or. en
Amendment 19
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
|---|---|
| (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions . | (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. |
Or. en
Justification
Necessary for internal coherence and codified the European Court of Human Rights ruling.
Amendment 20
Proposal for a directive
Recital 25
| Text proposed by the Commission | Amendment |
|---|---|
| (25) Where the refoulement of a beneficiary of international protection outside the territory of the Union is permitted under Directive 2011/95/EU Member States should be obliged to ensure that all information is obtained from relevant sources, including, where appropriate, from the Member State that granted international protection, and that it is thoroughly assessed with a view to guaranteeing that the decision to refoule that beneficiary is in accordance with Article 4 and Article 19(2) of the Charter of Fundamental Rights of the European Union. | deleted |
Or. en
Justification
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).
Amendment 21
Proposal for a directive
Recital 27 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and in line with the best interests of a child.
Amendment 22
Proposal for a directive
Recital 27 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and in line with protecting family life.
Amendment 23
Proposal for a directive
Recital 28
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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. |
Or. en
Justification
This provision falls under the recast procedure.
Amendment 24
Proposal for a directive
Recital 29
| Text proposed by the Commission | Amendment |
|---|---|
| (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 the level of procedural safeguards and rights granted to EU long-term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. 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. | (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 . |
Or. en
Justification
Linked to Article 14, which falls under the recast procedure.
Amendment 25
Proposal for a directive
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (30) Residence of EU long-term residents in other Member States should be facilitated. 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 improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances. | (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. |
Or. en
Justification
Changes introduced here fall under the recast procedure and are necessary for internal coherence.
Amendment 26
Proposal for a directive
Recital 33 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to the key aim of the Directive to enhance intra-EU mobility for third-country nationals.
Amendment 27
Proposal for a directive
Recital 33 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to the key aim of the Directive to enhance intra-EU mobility for third-country nationals.
Amendment 28
Proposal for a directive
Recital 33 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Amendment 29
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (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, no check of the labour market situation should be carried out when examining applications for residence in a second Member State. | (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. |
Or. en
Justification
Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Amendment 30
Proposal for a directive
Recital 34 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Or. en
Justification
Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Amendment 31
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (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 may be authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled adult children and of first-degree relatives in the direct ascending line who are dependent on them. | (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. |
Or. en
Justification
Necessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.
Amendment 32
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
|---|---|
| (38) The Member State in which an EU long-term resident intends to exercise his/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. | (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. |
Or. en
Justification
Necessary for internal coherence of the Directive and linked to the deletion of Article 20, which falls under the recast procedure.
Amendment 33
Proposal for a directive
Recital 39
| Text proposed by the Commission | Amendment |
|---|---|
| (39) To avoid rendering the right of residence nugatory, EU long-term residents should enjoy in the second Member State the same treatment, under the conditions defined by this Directive, they enjoy in the Member State in which they acquired the status. The granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit if the person concerned no longer fulfils the requirements set by this Directive. | (39) To avoid rendering the right of residence nugatory, EU long-term residents should enjoy in the second Member State equal treatment, under the conditions defined by this Directive, they enjoy in the Member State in which they acquired the status. The granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit if the person concerned no longer fulfils the requirements set by this Directive. |
Or. en
Justification
Necessary for internal coherence and clarity of the Directive.
Amendment 34
Proposal for a directive
Recital 40
| Text proposed by the Commission | Amendment |
|---|---|
| (40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the second Member State should be allowed to require that EU long-term residents and their family members communicate to the competent authorities any change of employer or economic activity. The communication procedure should not suspend the right of the persons concerned to pursue the economic activity in an employed or self-employed capacity, and no check of the labour market situation should be carried out. | deleted |
Or. en
Justification
Necessary for internal coherence and linked to Article 24(2).
Amendment 35
Proposal for a directive
Recital 41
| Text proposed by the Commission | Amendment |
|---|---|
| (41) Third-country nationals should be granted the possibility of acquiring EU long-term resident status in the Member State where they have moved and have decided to settle under the same conditions as those required for its acquisition in the first Member State. However, the required period of residence in the second Member State should be three years and it should not be possible to cumulate periods of residence in different Member States. In that case, 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 five 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 five 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 under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Furthermore, prior to the completion of five years of legal and continuous residence in that Member State, where an EU long-term resident has ceased an employed or self-employed activity and he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover so as not to become an unreasonable burden on the social assistance system of the second Member State, his/her legal stay may be ended on that ground, bearing in mind that Union citizens who have exercised free movement rights and their family members may be expelled in such a situation. | (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 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 under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Upon granting the EU long-term residence permit, all rights and procedural safeguards in this Directive applicable to EU long-term residents and their family members in the first Member State should apply to the EU long-term residence permit in the second Member State. |
Or. en
Justification
Necessary for internal coherence and reflects changes introduced under the recast procedure.
Amendment 36
Proposal for a directive
Article 1 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the terms for conferring 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 | (a) the terms for conferring, non-renewing 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 |
Or. en
Justification
Linguistic changes introduced to reflect the provisions set out in Article 1. Necessary for internal clarity of the Directive.
Amendment 37
Proposal for a directive
Article 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
Necessary for internal coherence and clarity of the Directive to reflect the objectives set out by the Commission for the recast.
Amendment 38
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘ EU long-term resident’ means any third-country national who has EU long-term resident status as provided for under Articles 4 to 7; | (b) ‘ EU long-term resident’ means any third-country national who has EU long-term resident status as provided for under this Directive; |
Or. en
Justification
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.
Amendment 39
Proposal for a directive
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘first Member State’ means the Member State which for the first time granted EU long-term resident status to a third-country national; | (c) ‘first Member State’ means the Member State which currently grants EU long-term resident status to a third-country national; |
Or. en
Justification
Necessary for internal coherence and linked to Chapter III, which falls under the recast procedure.
Amendment 40
Proposal for a directive
Article 2 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (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 right of residence; | (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; |
Or. en
Justification
Linguistic change reflecting the nature of the Directive.
Amendment 41
Proposal for a directive
Article 3 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) are authorised to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status; | (b) have applied for authorisation to reside in a Member State on the basis of temporary protection and are awaiting a decision on their status; |
Or. en
Justification
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.
Amendment 42
Proposal for a directive
Article 3 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) are authorised to reside in a Member State on the basis of a form of protection other than international protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status; | (c) have applied for authorisation to reside in a Member State on the basis of a form of protection other than international protection and are awaiting a decision on their status; |
Or. en
Justification
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.
Amendment 43
Proposal for a directive
Article 3 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) reside solely on temporary grounds such as au pair or seasonal worker, or as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services ; | (e) reside 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; |
Or. en
Justification
Necessary for internal coherence and linked to Article 4 of this Directive, which falls under the recast procedure.
Amendment 44
Proposal for a directive
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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; |
Or. en
Justification
Necessary for internal coherence and in line with the changes proposed in Article 4 of this Directive.
Amendment 45
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 five years immediately prior to the submission of the relevant application. | 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. |
Or. en
Justification
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.
Amendment 46
Proposal for a directive
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 47
Proposal for a directive
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State. | deleted |
Or. en
Justification
This provision is now moved to Article 3.
Amendment 48
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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. | Any period of residence spent as a holder of any visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1. |
Or. en
Amendment 49
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Regarding persons to whom international protection has been granted, at least half of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2011/95/EU, or the whole of that period if it exceeds 18 months, shall be taken into account in the calculation of the period referred to in paragraph 1. | Regarding persons referred to in Article 3(2), points (b), (c), and (d), to whom international, temporary or other forms of protection has been granted, the entirety of the period between the date of the lodging of the application for protection on the basis of which that protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2011/95/EU shall be taken into account in the calculation of the period referred to in paragraph 1. |
Or. en
Justification
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.
Amendment 50
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union national or international law, the period of legal stay in the Member State that granted him or her international protection preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1. |
Or. en
Justification
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.
Amendment 51
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 52
Proposal for a directive
Article 5 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (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, 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; | (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; |
Or. en
Justification
Necessary for the internal coherence of the Directive and in line with the principle of proportionality.
Amendment 53
Proposal for a directive
Article 5 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 54
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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 and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. 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 would be refused, irrespective of an actual examination of the situation of each applicant. | 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 holders and applicants. |
Or. en
Amendment 55
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States may require third-country nationals to comply with integration conditions, in accordance with national law. | 3. Member States shall not require third-country nationals to comply with integration conditions. |
Or. en
Justification
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.
Amendment 56
Proposal for a directive
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permit applicants to comply with stricter resources and integration conditions than those imposed on applicants for such national residence permits. | 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. |
Or. en
Amendment 57
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than six months 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. | 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. |
Or. en
Justification
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).
Amendment 58
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. 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. | 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. |
Or. en
Amendment 59
Proposal for a directive
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where an application for an EU long-term resident permit concerns a third-country national who holds a national residence permit issued by the same Member State in accordance with Article 14, 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. | 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). |
Or. en
Amendment 60
Proposal for a directive
Article 8 – title
| Text proposed by the Commission | Amendment |
|---|---|
| EU Long-term residence permit | EU long-term residence permit |
Or. en
Justification
Technical amendment for internal clarity and coherence.
Amendment 61
Proposal for a directive
Article 9 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Withdrawal or loss of status | Withdrawal, loss or re-acquisition of status |
Or. en
Justification
Technical amendment reflecting the provisions set out in this Article.
Amendment 62
Proposal for a directive
Article 9 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) detection of fraudulent acquisition of EU long-term resident status; | (a) detection of fraudulent acquisition, unless without the knowledge of the applicant, of EU long-term resident status; |
Or. en
Justification
Necessary for internal coherence.
Amendment 63
Proposal for a directive
Article 9 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) adoption of a decision ending the legal stay under the conditions provided for in Article 13; | deleted |
Or. en
Justification
Necessary for internal coherence and in accordance with new paragraph 1a.
Amendment 64
Proposal for a directive
Article 9 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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). |
Or. en
Justification
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.
Amendment 65
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 24 consecutive months shall not entail withdrawal or loss of status. | 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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Amendment 66
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States may withdraw the EU long-term resident status in the event of the revocation of, ending of or refusal to renew international protection as laid down in Articles 14(3) and 19(3) of Directive 2011/95/EU if the long-term resident status was obtained on the basis of international protection. | deleted |
Or. en
Justification
Necessary for internal coherence and to meet the objective of the recast, in particular protection against expulsion. In line with principle of non-refoulement.
Amendment 67
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| The Member States concerned may exchange information for the purpose of verifying the loss or withdrawal of the status in accordance with the cases referred to in this paragraph. | deleted |
Or. en
Amendment 68
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| With regard to the cases referred to in paragraph 1, point (c) and in paragraph 4, Member States who have granted the status shall provide for a facilitated procedure for the re-acquisition of EU long-term resident status. | With regard to the cases referred to in paragraph 1, point (c) and in paragraph 5, Member States who have granted the status shall provide for a facilitated procedure for the re-acquisition of EU long-term resident status. |
Or. en
Justification
Necessary for internal coherence, in particular changes introduced in this Article.
Amendment 69
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| In those cases, Member States may decide not to require the fulfilment of the conditions set out in Article 4(1) and Article 5(1). | 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, where 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). |
Or. en
Justification
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.
Amendment 70
Proposal for a directive
Article 10 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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 mount a legal challenge in the Member State concerned. | 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 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 the appeal. |
Or. en
Justification
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.
Amendment 71
Proposal for a directive
Article 10 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where Member States issue national residence permits in accordance with Article 14, they shall grant EU long-term resident permit holders and applicants the same procedural safeguards as those provided for under their national schemes where the procedural safeguards under such national schemes are more favourable than those provided for in this Article, paragraphs 1 and 2, and in Article 7(2). | 3. Where Member States issue national residence permits in accordance with Article 14, they shall grant EU long-term resident permit holders and applicants the same procedural safeguards as those provided for under their national schemes where the procedural safeguards under such national schemes are more favourable than those provided for in this Article, paragraphs 1 and 2, and in Article 7(2). Any decision rejecting or withdrawing the EU long-term resident status shall take into account the individual circumstances of the case and shall be proportionate. |
Or. en
Amendment 72
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or excessive. | Member States may require the payment of fees, where appropriate, for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or excessive and shall be based on the services actually provided for handling of applications and the issuance of permits. |
Or. en
Amendment 73
Proposal for a directive
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident applicants to pay higher fees than those imposed on applicants for national residence permits. | 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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Amendment 74
Proposal for a directive
Article 11 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 14, which falls under the recast procedure.
Amendment 75
Proposal for a directive
Article 12 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures; | (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; |
Or. en
Justification
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.
Amendment 76
Proposal for a directive
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident lies within the territory of the Member State concerned. | 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. |
Or. en
Justification
In accordance with the principle of proportionality and linked to guaranteed equal treatment rights for third-country nationals and their families.
Amendment 77
Proposal for a directive
Article 13 – paragraph 3 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the nature and seriousness of the criminal offence committed by the applicant; |
Or. en
Justification
Codifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.
Amendment 78
Proposal for a directive
Article 13 – paragraph 3 – point d b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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; |
Or. en
Justification
Codifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.
Amendment 79
Proposal for a directive
Article 13 – paragraph 3 – point d c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (dc) the solidity of social, cultural and family ties with the host country and with the country of destination. |
Or. en
Justification
Codifies the ruling of ECtHR in its case on Boutlif v Switzerland and M Uner v the Netherlands.
Amendment 80
Proposal for a directive
Article 14 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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). |
Or. en
Justification
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.
Amendment 81
Proposal for a directive
Article 14 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 82
Proposal for a directive
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her the EU long-term residence permit shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. 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 resident permit for his/her child. | 1. The children residing with and dependent on an EU long-term resident in the Member State where the EU long-term residence permit was issued shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. 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 or her child. |
Or. en
Amendment 83
Proposal for a directive
Article 15 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. By way of derogation from Article 15(1) of Directive 2003/86/EC, in the best interests of a child and in light of individual circumstances, Member States shall grant autonomous EU long-term residence permit to children of an EU long-term resident, upon application, after one year of residence on the territory of the Member State concerned. |
Or. en
Justification
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.
Amendment 84
Proposal for a directive
Article 15 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. 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 autonomous EU long-term residence permit to family members of an EU long-term resident, upon application, after two years of residence in the territory of the Member State concerned. |
Or. en
Justification
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.
Amendment 85
Proposal for a directive
Article 15 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1c. 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. |
Or. en
Justification
Necessary for internal coherence and inextricably linked to Article 21(4) which falls under the recast procedure.
Amendment 86
Proposal for a directive
Article 15 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 18(2) which falls under the recast procedure.
Amendment 87
Proposal for a directive
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may be applied, but only after the persons concerned have been granted family reunification. | 2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may not be applied. |
Or. en
Amendment 88
Proposal for a directive
Article 15 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 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 90 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly. | 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 handed simultaneously, the reunification shall be immediate. Article 7(2) and Article 10 of this Directive shall apply accordingly. |
Or. en
Amendment 89
Proposal for a directive
Article 15 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. By way of derogation from Article 14(1), point (b), of that Directive family members shall have access to any employment, and to self-employed activity in accordance with applicable requirements under national law, in the Member State concerned. |
Or. en
Justification
Necessary for internal coherence and in line with equal treatment provisions.
Amendment 90
Proposal for a directive
Chapter III – title
| Text proposed by the Commission | Amendment |
|---|---|
| RESIDENCE IN THE OTHER MEMBER STATES | MOBILITY BETWEEN MEMBER STATES |
Or. en
Justification
Linguistic change necessary for internal coherence.
Amendment 91
Proposal for a directive
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. An EU long-term resident shall acquire the right to reside in the territory of a second Member State, provided that the conditions set out in this Chapter are met. | 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. |
Or. en
Justification
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.
Amendment 92
Proposal for a directive
Article 16 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 16a | |
| Short-term mobility | |
| 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 out a business activity, the second Member State shall not require any authorisation for exercising such activity other than the EU long-term residence permit. | |
| 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 out a business 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. |
Or. en
Justification
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.
Amendment 93
Proposal for a directive
Article 17 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Residence in a second Member State | Long-term mobility and residence in a second Member State |
Or. en
Justification
Technical change necessary for internal coherence and clarity.
Amendment 94
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| As soon as possible and no later than three months after entering the territory of the second Member State, the EU long-term resident shall apply to the competent authorities of that Member State for a residence permit. | deleted |
Or. en
Justification
Necessary for internal coherence, since this provision has been moved to Article 16(1) on the general principles.
Amendment 95
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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).’ |
Or. en
Justification
Necessary for internal coherence and linked to improving the effectiveness and better implementation of the current Directive.
Amendment 96
Proposal for a directive
Article 17 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the 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; | (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; |
Or. en
Justification
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.
Amendment 97
Proposal for a directive
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States may require third-country nationals to comply with integration measures, in accordance with national law. | deleted |
| This condition shall not apply where the third-country nationals concerned have been required to comply with integration conditions in order to be granted long-term resident status, in accordance with the provisions of Article 5(2). | |
| Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses. |
Or. en
Justification
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.
Amendment 98
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meet the relevant conditions, as well as by their long-term resident permit and a valid travel document or their certified copies. | The application shall be accompanied by their EU long-term residence permit and a valid travel document or their certified copies. |
Or. en
Justification
Necessary for internal coherence and clarity.
Amendment 99
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In particular: | If applicable, additional documentary evidence shall be limited to: |
Or. en
Justification
Necessary for internal coherence and linked to the changes introduced in the subparagraph above.
Amendment 100
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 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 qualifications, in accordance with applicable Union and national law. | 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 qualifications, in accordance with applicable Union and national law. |
Or. en
Amendment 101
Proposal for a directive
Article 17 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU long-term resident shall be allowed to commence work or study in the second Member State not later than 30 days after the date of submission of the complete application. | 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. |
Or. en
Amendment 102
Proposal for a directive
Article 18 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 103
Proposal for a directive
Article 18 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When the EU long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family, other than those referred to in Article 4(1) of Directive 2003/86/EC, may be authorised to accompany or to join the EU long-term resident. | 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. |
Or. en
Justification
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.
Amendment 104
Proposal for a directive
Article 18 – paragraph 4 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) evidence that they have stable and regular resources , also made available by a third party, which are sufficient to maintain themselves without recourse to the social assistance of the Member State concerned or that the EU long-term resident has such resources and insurance for them, as well as sickness insurance covering all risks in the second Member State. 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. | deleted |
Or. en
Justification
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.
Amendment 105
Proposal for a directive
Article 18 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the family was not already constituted in the first Member State, Directive 2003/86/EC shall apply. | 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. |
Or. en
Justification
Necessary for internal coherence and inextricably linked to Article 15(3), which falls under the recast procedure.
Amendment 106
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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/her family member(s), or the danger that emanates from the person concerned. | 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. |
Or. en
Justification
Necessary for internal coherence, in accordance with Article 6 of this Directive. Linked to the recast’s aim to strengthen protection against expulsion.
Amendment 107
Proposal for a directive
Article 20
| Text proposed by the Commission | Amendment |
|---|---|
| Article 20 | deleted |
| Public health | |
| 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 health , as defined in Article 2, point 21, of Regulation (EU) 2016/399 of the European Parliament and of the Council41 . | |
| 41 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). |
Or. en
Justification
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.
Amendment 108
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 90 days from the date that the application has been lodged. | 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. |
Or. en
Justification
Necessary for internal coherence and is linked to the objective of swifter and simplified procedures.
Amendment 109
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| If an application is not accompanied by the documentary evidence listed in Articles 17 and 18, or in exceptional circumstances linked with the complexity of the examination of the application, the time limit referred to in the first subparagraph may be extended for a period not exceeding 30 days . In such cases the competent national authorities shall inform the applicant thereof. | If an application is not accompanied by the documentary evidence listed in Articles 17 and 18, or in exceptional circumstances linked with the complexity of the examination of the application, the time limit referred to in the first subparagraph may be extended for a period not exceeding 30 days. In such cases the competent national authorities shall inform, in writing, the applicant thereof. |
Or. en
Justification
Necessary for internal coherence
Amendment 110
Proposal for a directive
Article 21 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. 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, 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. |
Or. en
Justification
Necessary for internal coherence and linked to Article 7(2), which falls under the recast procedure.
Amendment 111
Proposal for a directive
Article 21 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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, if required, be renewable on expiry. The second Member State shall inform the first Member State of its decision. | 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. |
Or. en
Justification
Necessary for internal coherence, particularly to reflect the deletion of Article 20.
Amendment 112
Proposal for a directive
Article 21 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. 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 two years 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. | 4. 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. |
Or. en
Amendment 113
Proposal for a directive
Article 23 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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 mount a legal challenge in the Member State concerned. | 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 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. |
Or. en
Justification
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.
Amendment 114
Proposal for a directive
Article 24 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. As soon as they have 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. | 1. As soon as 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. |
Or. en
Justification
Necessary for internal coherence and clarity.
Amendment 115
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide that the EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity communicate to the competent authorities any change of employer or economic activity. Such requirement shall not affect the right of the persons concerned to take up and carry out the new activity. | deleted |
Or. en
Amendment 116
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), points (b) or (c), and their family members may have access to an employed or self-employed activity. | deleted |
Or. en
Justification
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.
Amendment 117
Proposal for a directive
Article 25 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Withdrawal of the residence permit and obligation to take back | Withdrawal of the national residence permit and obligation to take back |
Or. en
Justification
Technical change necessary for internal coherence and clarity.
Amendment 118
Proposal for a directive
Article 25 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Until the third-country national has obtained EU long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit in the following cases: | 1. The second Member State may decide to withdraw the national residence permit in the following cases: |
Or. en
Justification
Changes made to the paragraph which falls under the recast procedure. Necessary for internal coherence and clarity.
Amendment 119
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Unless, in the meantime, the international protection has been withdrawn or the person falls within one of the categories specified in Article 21(2) of Directive 2011/95/EU, the second Member State shall not refoule third-country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive. | The second Member State shall not refoule third-country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive. |
Or. en
Justification
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).
Amendment 120
Proposal for a directive
Article 25 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Removal decisions may not be accompanied by a permanent ban on residence in the cases referred to in paragraph 1(b). |
Or. en
Justification
Re-introduces a text that was deleted in the new proposal. The following strike-through text falls under the Recast procedure.
Amendment 121
Proposal for a directive
Article 26 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon application, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State. | 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. |
Or. en
Justification
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.
Amendment 122
Proposal for a directive
Article 26 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 123
Proposal for a directive
Article 26 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. By way of derogation from Article 4(1) and (3), the second Member State shall grant EU long-term resident status to third-country nationals who, after acquiring the right to reside in accordance with this Chapter, have legally and continuously resided within its territory for three years immediately prior to the submission of the relevant application. | 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. |
Or. en
Amendment 124
Proposal for a directive
Article 26 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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; |
Or. en
Justification
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.
Amendment 125
Proposal for a directive
Article 26 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 126
Proposal for a directive
Article 26 – paragraph 2 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
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.
Amendment 127
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 five years of legal and continuous residence in its territory. | 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. |
Or. en
Amendment 128
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of five 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. | 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. |
Or. en
Amendment 129
Proposal for a directive
Article 26 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. By way of derogation from Article 13(2), and solely prior to the completion of five years of legal and continuous residence in its territory, the second Member State may take a decision to end the legal stay of an EU long-term resident who has ceased an employed or self-employed activity, where he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover so as not to become an unreasonable burden on its social assistance system. | deleted |
Or. en
Justification
Necessary for internal coherence and linked to the recast's aim of enhancing intra-EU mobility.
Amendment 130
Proposal for a directive
Article 26 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Justification
Necessary for internal coherence and linked to recast’s objective of protection third-country nationals against expulsion and enhancing procedural safeguards.
Amendment 131
Proposal for a directive
Article 26 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. |
Or. en
Justification
Necessary for internal coherence and in accordance with the principle of proportionality.
Amendment 132
Proposal for a directive
Article 27 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. When a resident acquires a national residence permit in accordance with Article 14, the Member State issuing the permit shall inform them, in writing, of the possibility of obtaining an EU long-term residence permit. Member States should inform applicants of the possibility to retain national and EU long-term residence permit simultaneously. |
Or. en
Justification
Linked to the provisions in this Article, which falls under the recast procedure.
Amendment 133
Proposal for a directive
Article 29 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall appoint contact points who will be responsible for receiving and transmitting the information and documentation referred to in Articles 8, 9, 13, 21, 22, 25 and 26. | 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. |
Or. en
Justification
Necessary for internal coherence and linked to the changes introduced in Article 9, which is under the recast procedure.
Explanatory statement 9 paragraphs
It is high time for the European Union (EU) to rethink its labour migration policies and shift the focus to the 23 million third-country national regular residents that live and work within the Union’s territory - and to those that might consider moving here. Labour migrants already play a crucial role in our societies, contribute to the Union’s labour market, boost economic growth, and enrich our continent as a whole. The recent Covid-19 pandemic has shone another spotlight on the crucial role third-country nationals play within sectors identified as ‘essential’, even in times of higher unemployment.
The recast of the Long Term Residents Directive, which is one of the measures proposed within the Commission’s ‘Skills and Talent’ package, is timely and provides an opportunity to not only focus the positive narrative on migration, but also to provide tangible, legislative improvements for third-country nationals and the Union as a whole. The Directive offers an opportunity to safeguard and strengthen the rights of third-country nationals, address the vulnerabilities they face, and further foster their integration and social inclusion.
The proposal addresses the changing reality of the Union’s labour market, and with it first and foremost the challenge of an ageing society and the increasing skills shortages that many Member States already face. It is forecasted that over the next 30 years, our active workforce in the EU will decrease by 50 million people. In the meantime the USA, Australia and Canada are top destination countries for migrants and still continuously explore ways to better attract talent at all skills level. The EU could compete with other migration destinations, both in diversity and size. However, it requires further cooperation on labour migration policies in the EU to leverage the European added value. This Directive, as it was adopted in 2003, is clearly underused and requires substantial legislative changes to reach its full potential and meet the objectives set.
The purpose of recasting the EU Long-Term Residents Directive is to create a harmonised EU long-term resident status and set out rules on the procedures and rights associated with the status. The Rapporteur supports the Commission’s proposal to allow third-country nationals to cumulate residence periods in different Member States and to ensure all periods of legal residence are fully taken into account. In addition, the Rapporteur proposes to reduce the period of residence required to acquire EU long-term resident status from five to three years. This measure would increase the use of an EU long-term resident status and have a positive impact on the integration of third-country nationals, as they would obtain full equal treatment rights faster. It is also in line with the European Parliament’s Resolution on new avenues for legal labour migration (2020/2010(INI)) and the resolution with legislative recommendations to the Commission on legal migration policy and law (2020/2255(INL)). Furthermore, the Rapporteur’s proposal facilitates access to the EU long-term resident status, by allowing beneficiaries of temporary and other forms of protection status to apply for an EU long-term residence permit, as long as they fulfil the required conditions.
The Rapporteur also introduces a number of protections against ending legal stay and safeguards on withdrawal. Additionally, the Rapporteur allows for an option for a Member State to grant EU long-term resident status to vulnerable third-country nationals who have resided within its territory for less than three years. To protect third-country nationals from losing status or falling into irregularity, the proposal clarifies that an interruption of less than two months should not affect the continuous nature of residence and should not be taken into account.
In line with the European Parliament’s resolution on citizenship and residence by investment schemes (2021/2026 (INL), the Rapporteur proposes to exclude any third-country nationals who hold a residence permit solely on the basis of any kind of investment from applying for an EU long-term residence permit. The draft report supports the Commission’s proposal prohibiting Member States to take into account periods of residence as a holder of residence permit granted on any kind of investment in another Member State for the purpose of cumulating periods of residence towards an EU long-term resident status.
The Commission proposal also aims to strengthen the rights of long-term residents and their family members. Additionally, the Rapporteur approximates rights of family members in the first and second Member State to the rights of EU citizens. This includes removing the pre-requisite on integration conditions, and allowing for swifter family reunification by shortening the time needed to adopt the decision. Furthermore, family members would be entitled to access any employment, including self-employed activities in the host Member State. For protecting family life and in the best interests of a child, the Rapporteur also proposes facilitated measures on how family members and children in vulnerable situations can access autonomous residence permits.
A concrete step and a clear added value on how to enhance the attractiveness of the EU long-term resident status is to ensure effective intra-EU mobility rights for third-country nationals. Freedom of movement can allow third-country nationals to travel and seek opportunities across the EU, which can improve their prospects for integration, enhance the number and variety of opportunities they can take up, allow them to fill in labour shortages in Member States where there are needs, and help offset regional imbalances. In times of crisis, mobile third-country nationals can also contribute more to labour market adjustments and the overall economic growth of their host communities. In addition, it would render the EU much more attractive as a migration destination for third-country nationals in the first place. However, existing barriers continue hamper intra-EU mobility, significantly decreasing this attractiveness. The Rapporteur therefore puts forward a proposal removing barriers to mobility, by allowing third-country nationals who received an EU long-term resident status in the first Member State to move freely to the second Member State and apply for an EU long-term resident status immediately or for as long as the EU permit is valid in the first Member State. To have access to an EU long-term resident status in the second Member State, the EU long-term resident must fulfil the conditions on the required duration of residence. Overall, the measure proposed by the Rapporteur aims for portability of an EU long-term resident status.
Finally, the Commission proposal puts in place a mechanism to ensure a level playing field between the EU long-term residence permit and national permanent residence permits on procedures, equal treatment rights, and access to information. The Rapporteur strengthens the Commission’s proposal on level playing field by ensuring that Member States that issue parallel national permanent residence permits with more favourable provisions on safeguards, rights and conditions, should grant the same safeguards, rights and conditions to third-country nationals with EU long-term resident status. Furthermore, in cases where third-country nationals hold a national permanent residence permit and apply for an EU long-term residence permit in the same Member State, the Member State in question should automatically grant an EU long-term residence permit to the person applying. In any case, Member States should allow third country nationals to hold both national permanent residence permit and EU long-term residence permit at the same time. The additional measures proposed by the Rapporteur will address the uneven competition with national permits that does not benefit third-country nationals, and will help overcome the varied implementation of the Directive across the EU therefore improving its effectiveness.
Annex: opinion of the consultative working party of the legal services of the european parliament, the council and the commission 8 paragraphs
| CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES |
Brussels, 9 November 2022
OPINION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
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)
COM(2022)0650 of 9.11.2022 – 2022/0134(COD)
Annex: list of entities or persons from whom the rapporteur has received input 2 paragraphs
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:
| Entity and/or person |
| • Move Europe |
| • European Network of Migrant Women |
| • Organisation for Economic Co-operation and Development (OECD) |
| • International Labour Organisation (ILO) |
| • Platform for Undocumented Migrants (PICUM) |
| • European Trade Union Confederation (ETUC) |
| • Dr. Birte Nienaber, Professor at University of Luxembourg, European Migration Network (EMN) Luxembourg - Conducted a study in 2020 on the implementation of the Directive in 23 EU Member States - EMN Inform ‘Long-term resident status in the EU’ |
| • Professor Diego Acosta Arcarazo, Lecturer in European and Migration law at the University of Bristol, ‘The Long-Term Residence Status as a Subsidiary Form of EU Citizenship’ |
| • Daniel Thym, Professor of Public, European and International Law at the University of Konstanz and Director of the University's Research Centre for Immigration & Asylum Law (FZAA) |
| • Zvezda Vankova, Postdoc researcher at Lund University |
| • Tesseltje de Lange, Professor of European Migration Law in Radboud University - |
| • Prof. C.A. Groenendijk (Kees), Sociology of Law and Migration Law, Radboud Universiteit |