HEALTHPLAN MAGAZINE

In a significant development, EU member states have unanimously agreed on a negotiating mandate aimed at updating the EU Long-Term Residents Directive.

This pivotal directive outlines the conditions under which third-country nationals can attain EU long-term resident status, a move seen as a crucial step in fostering inclusivity and addressing existing challenges within the immigration framework.

The development comes in response to the European Commission's proposal to update the EU Long-Term Residents Directive, with the aim of making the EU more attractive for non-EU workers.

What is the Long-Term Residence Status in the EU?

In principle, under a directive established in 2003, third-country nationals have the opportunity to attain EU-wide long-term resident status if they have legally resided in an EU country for a minimum of five years. The criteria for obtaining this status include not exceeding a 6-month absence in a consecutive 10-month period, demonstrating stable economic resources and health insurance, and potentially fulfilling integration conditions such as language or culture tests.

This EU status is intended to coexist with national long-term resident schemes and aims to ensure a degree of free movement within the European bloc. However, the practical application of these regulations varies, as most countries often require employers to demonstrate an inability to find suitable local candidates before granting a permit to non-EU citizens, irrespective of their residency status. Many individuals are also unaware of the existence of EU long-term resident status and the associated rights.

What changes does the EU aim to make?

As part of efforts to enhance the attractiveness of the EU for non-EU workers, the European Commission proposed revisions to the rules governing long-term resident status. The proposed changes, outlined in the revision of the EU Long-Term Residents Directive, are subject to agreement by the European Parliament and the Council, representing EU governments.

In April, the European Parliament advocated reducing the required period of legal residence for non-EU nationals to acquire EU long-term status from five to three years. Additionally, MEPs proposed the ability to aggregate periods of legal residence in different EU member states, encompassing time spent on education, vocational training, seasonal work, and temporary protection. Furthermore, once long-term residence is secured in one EU country, it should be automatically recognised at the EU level, eliminating restrictions such as labour market checks or integration requirements when moving to another EU state.

What Changes Did EU Governments Agree On?

During a recent meeting, the Council's permanent representatives committee, composed of diplomats from EU member states, reached a consensus to uphold the existing five-year residency requirement. Additionally, representatives from EU governments clarified that third-country nationals have the option to aggregate residence periods of up to two years in other member states, but this provision is limited to specific legal residence permits, such as those held by EU Blue Cards or individuals with permits issued for highly qualified employment.

EU member states retain the authority to impose integration conditions on third-country nationals. The statement also underscores that the right to intra-EU mobility is not automatic but is contingent upon several conditions. Member states are granted the ability to assess their national labour markets when an EU long-term resident relocates from another EU member state for employment.

The statement further outlines that EU long-term residents are entitled to the same treatment as nationals in terms of accessing employment, self-employment, education, vocational training, and tax benefits. However, certain conditions must be met, including the requirement that holders of a residence permit reside within the territory of the concerned member state.

What Comes Next?

The Council and the Parliament will now enter negotiations to finalise the text of the law.

Eurostat data from 2020 reveals that 23 million non-EU citizens were legally resident in the EU, with over ten million holding long-term or permanent residence permits.

Speaking to The Local newspaper in Spain, Damian Boeselager, leading the negotiations for the European Parliament, stressed the need for facilitating labour migration to enhance the EU's attractiveness, expressing hope that the new law will be adopted before the European Parliament elections in June 2024.

Sources: TheLocal - Europa.eu