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DRAFT OPINION (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

EMPL-PA-736592

Committee on Employment and Social Affairs · Rapporteur: Abir AlSahlani

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This is the Employment and Social Affairs Committee's draft opinion on the proposed recast of the Long Term Residents Directive. It proposes amendments to make EU long-term resident status more attractive and to improve labour market integration of third-country nationals. The draft shortens the required residence period from five to three years, of which one year must be in the Member State of application, and deletes the required period of previous residence in a second Member State. It calls for a level playing field between EU long-term residence permits and national permits, harmonised requirements, recognition of qualifications, and equal treatment rights. It also seeks to bolster protections against labour market discrimination, improve family reunification rules, and promote intra-EU mobility.

Committee position. The Committee on Employment and Social Affairs proposes amendments to the recast Long Term Residents Directive to facilitate integration of third-country nationals into the European labour market, create a level playing field between EU and national residence permits, shorten the residence requirement, and strengthen protections against discrimination.

Key points

  1. The draft shortens the residence period required to obtain EU long-term resident status from five to three years, of which one year must be in the Member State of application.
  2. It deletes the required period of previous residence in a second Member State and allows cumulation of one year of residence in the Member State of application.
  3. It calls for a common Union framework for validating and recognising skills, competences and qualifications of third-country nationals in occupational professions, including vocational training.
  4. It proposes that dependent children residing with an EU long-term resident acquire EU long-term resident status automatically, without prior residence requirements.
  5. It requires Member States to ensure equal procedural safeguards and rights for EU long-term residents and holders of national permanent residence permits, and equal fees and information activities.
  6. It calls for intra-EU mobility to be facilitated and promoted, and for Member States not to carry out labour market checks when examining residence applications in a second Member State.
  7. It requires Member States to ensure that EU long-term residents are entitled to begin employment or study in a second Member State at the latest 30 days after submitting a complete application.
  8. It requires Member States not to impose stricter conditions or requirements on EU long-term resident permit applicants than on applicants for national residence permits.
  9. It expands equal treatment rights to include access to social security, social assistance, social protection, goods and services, and private and public housing procedures.
  10. It requires Member States to inform EU long-term residents of restrictions on equal treatment when they acquire the status.
  11. It requires Member States to address difficulties EU long-term residents face in receiving pension entitlements from third countries where no bilateral social security agreement exists.
  12. It requires the Commission to assess the impacts of the required residence period on integration and the possibility of establishing a network between Member States' labour ministries.

Who is affected

  • Third-country nationals seeking EU long-term resident status: shorter residence requirement and stronger rights.
  • EU long-term residents and their family members: equal treatment, mobility and family reunification protections.
  • Member States: must ensure equal treatment, recognise qualifications and avoid labour market checks.
  • Employers and labour markets: access to skills and talents, improved intra-EU mobility.

Figures and deadlines

  • three years — required residence period to obtain EU long-term resident status
  • one year — required residence in the Member State of application for cumulation
  • 30 days — deadline after application submission to begin employment or study in a second Member State
  • five years — period of legal and continuous residence before social assistance may be refused
  • six months — period for EU long-term resident to have sufficient resources and sickness insurance