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)
LIBE-PR-738503
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Damian Boeselager
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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.¶¶¶
Committee 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.¶