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REPORT (COM(2022)0650 – C90162/2022 – 2022/0134(COD))

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)

A-9-2023-0145

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Damian Boeselager

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a directive on the status of third-country nationals who are long-term residents (recast) creates a harmonised EU long-term resident status and sets rules on procedures and rights. It cuts the required residence period from five to three years, allows cumulation of residence in different Member States, and excludes holders of residence permits granted for investment. It sets up short-term and long-term intra-EU mobility, with a 90-day short-term stay and a residence permit application within three months in the second Member State. It strengthens equal treatment, family reunification and protection against ending legal stay, and requires Member States to give information and procedural safeguards.

Committee position. The committee proposes to amend the Commission proposal by reducing the required residence period to three years, allowing cumulation of periods, excluding investment-based permits, strengthening intra-EU mobility and equal treatment, and improving family reunification and procedural safeguards.

Key points

  1. The directive creates a harmonised EU long-term resident status and lays down rules on conferring, renewing and withdrawing it, and on the rights attached.
  2. Member States must grant EU long-term resident status to third-country nationals who have resided legally and continuously for three years, and must allow cumulation of residence in different Member States with one year in the Member State where the application is submitted.
  3. Third-country nationals who hold a residence permit granted on the basis of any kind of investment are excluded from the directive, and such periods cannot be cumulated.
  4. Applicants must have stable and regular resources and sickness insurance; Member States may require language proficiency up to A2 level and must provide free language courses.
  5. EU long-term residents may be absent from the Union for up to 24 consecutive months without losing status, and Member States must provide a facilitated procedure for re-acquisition after one year of residence.
  6. EU long-term residents enjoy equal treatment with nationals on employment, education, recognition of qualifications, social security, housing and freedom of association.
  7. The directive sets up short-term mobility of up to 90 days in any 180-day period and long-term mobility for stays exceeding 90 days, with a residence permit application within three months of arrival in the second Member State.
  8. In the second Member State, EU long-term residents may start work or study no later than 30 days after submitting a complete application, and no labour market check applies.
  9. Family members of EU long-term residents may join them, are not subject to integration conditions, and may access any employment; decisions on family reunification must be taken within 30 days.
  10. Decisions rejecting an application or withdrawing status must give reasons, take account of individual circumstances, and be subject to an effective legal remedy with suspensory effect.
  11. Member States must provide information on the EU long-term residence permit, including on rights and procedures, and must inform applicants when they complete the required residence period.
  12. The Commission must report on the application of the directive and assess the impact of the required residence period on integration.

Who is affected

  • Third-country nationals legally residing in a Member State, who may acquire EU long-term resident status after three years and enjoy equal treatment and mobility rights.
  • EU long-term residents and their family members, who may move to a second Member State and access work, study and family reunification.
  • Member States, which must grant status, issue permits, provide information and apply procedural safeguards.
  • Holders of residence permits granted on the basis of any kind of investment, who are excluded from the directive.
  • Beneficiaries of international, temporary or other forms of protection, who may obtain EU long-term resident status under the same conditions as other third-country nationals.

Figures and deadlines

  • Three years: required period of legal and continuous residence to acquire EU long-term resident status.
  • One year: required period of legal and continuous residence in the Member State where the application is submitted for cumulation of periods.
  • 24 consecutive months: maximum absence from the Union without losing EU long-term resident status.
  • 90 days in any 180-day period: maximum stay for short-term mobility in another Member State.
  • Three months: deadline after entering the second Member State to apply for a residence permit.
  • 30 days: deadline after submitting a complete application to begin work or study in the second Member State.
  • 60 days: deadline for the competent national authorities to notify a decision on an application for EU long-term resident status.
  • Two years: required period of legal and continuous residence for family members to obtain an EU long-term residence permit.

Legal basis: Article 294(2) and Article 79(2), points (a) and (b) of the Treaty on the Functioning of the European Union.