Long-term resident (European Union)

Long-term resident status in the European Union is defined in Council Directive 2003/109/EC and permits the holder some of the rights of free movement afforded to EU/EES citizens in the affected member states.[1]

The directive defines a long-term resident as a third-country national who has, among other requirements, resided legally and continuously within its territory for five years with a means of support (without recourse to the social assistance system of the member state).[1] Implementation is left to member states, with some national variations in the requirements for and benefits of long-term resident status.

Participating member states

Countries affected by the directive include:[2][3]

Implementation by country

Netherlands

In order to acquire status as a long-term EU resident in the Netherlands, one must have five consecutive years residence on non-temporary grounds.[3]

Long-term EU residents moving to the Netherlands are exempted from the requirement for a provisional residence permit (Dutch: mvv), but will still need to apply for a residence permit.[3] Holders of long-term EU resident status coming to the Netherlands for employment do not apply for the combined residence/work permit used by other third-country nationals, but rather apply for the work permit separately (Dutch: TWV) with the Employee Insurance Agency (Dutch: UWV).[4]

Sweden

In order to acquire status as a long-term EU resident in Sweden, one must have resided in Sweden continuously for five years on residence permits (Swedish: uppehållstillstånd), have a permanent residence permit (Swedish: permanent uppehållstillstånd) and a means of supporting themselves. However, time on visitor's residence permit or residence permit for studies, among others, cannot be counted towards this time.[2]

Long-term EU residents moving to Sweden are required to apply for a residence permit if they stay for more than 90 days. They are however permitted to begin work or studies upon arrival, without waiting for a decision in such case.[2] A work permit (Swedish: arbetstillstånd) is not required for a long-term EU resident, however a hiring certificate must be submitted for such residents applying on the grounds of employment.[5]

Reception

Following the deadline for the introduction of a specific immigration status as a long-term resident of the European Union in 2006, the Directive was found to affect a relatively small percentage of the third-country nationals in most participating member states. Additionally, of these, few used their mobility rights within the EU.[6]

References

  1. 1 2 "Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents". Council of the European Union. 25 November 2003.
  2. 1 2 3 "Uppehållstillstånd i Sverige för någon med status som varaktigt bosatt i ett annat EU-land" (in Swedish). Migrationsverket. 30 September 2015. Archived from the original on 8 December 2015.
  3. 1 2 3 "Long term third country nationals". Immigration and Naturalisation Service. 14 April 2015. Archived from the original on 19 April 2014.
  4. ↑ "Working as an employee". Immigration and Naturalisation Service. 8 April 2015. Archived from the original on 21 June 2015.
  5. ↑ "Anställa någon med status som varaktigt bosatt i EU" (in Swedish). Migrationsverket. 13 November 2015. Archived from the original on 29 October 2015.
  6. ↑ "Commission 'deplores weak impact' of EU long-term residence directive". MIPEX Blog. 20 October 2011. Archived from the original on 8 December 2015.
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