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EUROPEAN UNION

How Europe plans to ease long-term residence rules for non-EU nationals

Non-EU citizens living in the European Union are eligible for a special residence status that allows them to move to another country in the bloc. Getting the permit is not simple but may get easier, explains Claudia Delpero.

EU flags at the European Commission Berlaymont building
EU flags at the European Commission Berlaymont building (Photo by Guillaume Périgois on Unsplash)

The European Commission proposed this week to simplify residence rules for non-EU nationals who live on a long-term basis in the European Union.

The intention is to ease procedures in three areas: acquiring EU long-term residence status, moving to other EU countries and improving the rights of family members. 

But the new measures will have to be approved by the European Parliament and the EU Council, which is made of national ministers. Will EU governments support them?

What is EU long-term residence?

Non-EU citizens who live in EU countries on a long-term basis are eligible for long-term residence status, nationally and at the EU level. 

This EU status can be acquired if the person has lived ‘legally’ in an EU country for at least five years, has not been away for more than 6 consecutive months and 10 months over the entire period, and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as passing a test on the national language or culture knowledge. 

The EU long-term residence permit is valid for at least five years and is automatically renewable. But the status can be lost if the holder leaves the EU for more than one year (the EU Court of Justice recently clarified that being physically in the EU for a few days in a 12-month period is enough to maintain the status).

READ ALSO: IN NUMBERS: How many non-EU citizens live in European Union countries?

Long-term residence status grants equal treatment to EU nationals in areas such as employment and self-employment or education. In addition, EU long-term residence grants the possibility to move to other EU countries under certain conditions. 

What does the European Commission want to change?

The European Commission has proposed to make it easier to acquire EU long-term residence status and to strengthen the rights associated with it. 

Under new measures, non-EU citizens should be able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. 

This, however, will not apply to individuals who used a ‘residence by investment’ scheme to gain rights in the EU, as the Commission wants to “limit the attractiveness” of these routes and not all EU states offer such schemes. 

All periods of legal residence should be fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds. Stays under a short-term visa do not count.

Children who are born or adopted in the EU country having issued the EU long-term residence permit to their parents should acquire EU long-term resident status in that country automatically, without residence requirement, the Commission added.

READ ALSO: Why it may get easier for non-EU citizens to move to another European Union country

EU countries should also avoid imposing a minimum income level for the resources condition but consider the applicant’s individual circumstances, the Commission suggests.

Integration tests should not be too burdensome or expensive, nor should they be requested for long-term residents’ family reunifications. 

The Commission also proposed to extend from 12 to 24 months the possibility to leave the EU without losing status, with facilitated procedures (no integration test) for the re-acquisition of status after longer absences.

A person who has already acquired EU long-term residence status in one EU country should only need three years to acquire the same status in another EU member state. But the second country could decide whether to wait the completion of the five years before granting social benefits. 

The proposal also clarifies that EU long-term residents should have the same right as EU nationals with regard to the acquisition of private housing and the export of pensions, when moving to a third country. 

Why make these changes?

Although EU long-term residence exists since 2006, few people have benefited. “The long-term residents directive is under-used by the member states and does not provide for an effective right to mobility within the EU,” the Commission says. 

Around 3.1 million third-country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one. “we would like to make the EU long-term residence permit more attractive,” said European Commissioner for Home Affairs Ylva Johansson.

The problems are the conditions to acquire the status, too difficult to meet, the barriers faced when moving in the EU, the lack of consistency in the rights of long-term residents and their family members and the lack of information about the scheme.

Most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one, an evaluation of the directive has shown.

READ ALSO: Pensions in the EU: What you need to know if you’re moving country

This proposal is part of a package to “improve the EU’s overall attractiveness to foreign talent”, address skill shortages and facilitate integration in the EU labour market of people fleeing Ukraine. 

On 1 January 2021, 23.7 million non-EU nationals were residing in the EU, representing 5.3% of the total population. Between 2.25 to 3 million non-EU citizens move to the EU every year. More than 5 million people have left Ukraine for neighbouring states since the beginning of the war in February. 

Will these measures also apply to British citizens?

These measures also apply to British citizens, whether they moved to an EU country before or after Brexit. 

The European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for a long-term residence too.

As Britons covered by the Withdrawal Agreement have their residence rights secured only in the country where they lived before Brexit, the British in Europe coalition recommended those who need mobility rights to seek EU long-term residence status. 

These provisions do not apply in Denmark and Ireland, which opted out of the directive.

What happens next?

The Commission proposals will have to be discussed and agreed upon by the European Parliament and Council. This is made of national ministers, who decide by qualified majority. During the process, the proposals can be amended or even scrapped. 

In 2021, the European Parliament voted through a resolution saying that third-country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

READ ALSO: COMPARE: Which EU countries grant citizenship to the most people?

EU governments will be harder to convince. However, presenting the package, Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas, said proposals are likely to be supported because “they fit in a broader framework”, which represents the “construction” of the “EU migration policy”. 

National governments are also likely to agree because large and small employers face skill shortages, “especially in areas that are key to our competitiveness, like agri-food, digital, tourism, healthcare… we need people,” Schinas said.

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

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RESIDENCY PERMITS

What do we know about Swedish language tests for residence permits?

Sweden's ruling party, the Social Democrats, has proposed bringing in Swedish language tests for residence permits. When could these come into effect, and just how good will your Swedish need to be?

What do we know about Swedish language tests for residence permits?

How good will your Swedish need to be?

The government is proposing that applicants for permanent residence will need to show an ability in Swedish equivalent to level C at SFI (Swedish for Immigrants), the third and penultimate level of the SFI programme. This means they will need to have reached a fairly high ability, and be able to speak, listen, read and write Swedish in the “ordinary situations” they will meet in everyday life, while studying and at work.

Children or very old people who cannot be expected to learn what is needed will be exempted from the new rules.

How can I prove I speak Swedish?

If you went to a Swedish school and passed Grade 9 or upper secondary school, this will count as sufficient proof of your Swedish skills, as will the same level of education at a Norwegian or Danish school. 

For those who moved to Sweden as adults or those who did not attend Swedish school, proof that you have completed SFI level C would be sufficient. Passing the TISUS test, which is used to show you have a good enough grasp of Swedish to study at university, will also be accepted under the proposals.

If you didn’t have any of those qualifications, there will be the option of taking a specific language test for a residence permit, which currently does not exist.

Is this for all residence permits?

No, this is just for permanent residence permits, also referred to as PUT from the Swedish permanent uppehållstillstånd.

In 2019, the government appointed an inquiry into similar requirements for becoming a Swedish citizen.

The suggested details of that proposal were announced in 2021 and are still under consultation, but under those rules, applicants would need to complete SFI level D, the highest level of the SFI course.

Are there any other tests you’ll need to pass?

Yes – the government are also proposing making those applying for permanent residence pass a so-called “citizens test”, making sure they have a basic knowledge of Swedish society and culture. 

It’s not clear exactly what this test will entail, but Sweden’s migration minister, Anders Ygeman, said when announcing the proposal that those seeking residence would be tested on their “basic knowledge on the laws and principles which are the foundation of Swedish society”.

When would the test be introduced?

It is likely that it will take at least a year, perhaps longer, for the new language requirement proposal for permanent residence permits to come into force.

This is due to the length of the process a proposal must go through before it is formally introduced.

The proposal is currently in the first stage, where the government launches an inquiry, or utredning, into what the language and knowledge requirements should be for those seeking permanent residence permits in Sweden. The deadline for this stage is May 22nd 2023.

After the results of this inquiry are announced, the government will send the proposal out for consultation from the relevant authorities. A bill, taking these responses into account, will then be submitted to parliament. This could take months or even years, meaning that the proposal would not become law until at least a year from now.

For context, the separate 2019 inquiry into the introduction of language tests for citizenship is still under consultation from relevant authorities, with a suggested implementation date of January 1st, 2025, meaning it will have taken six years to be implemented from the time it was first proposed. 

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