Activities of Domènec RUIZ DEVESA related to 2022/0134(COD)
Shadow reports (1)
REPORT 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)
Amendments (109)
Amendment 137 #
Proposal for a directive
Recital 5
Recital 5
(5) The prospect of obtaining EU long- term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international, temporary or other forms of protection in the Member State of residence. Beneficiaries of international, temporary or other forms of protection should therefore be able to obtain EU long- term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.
Amendment 140 #
Proposal for a directive
Recital 7
Recital 7
(7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the territory of a Member StateUnion. Residence should be both legal and continuous in order to show that the person has put down roots in the country. Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis.
Amendment 141 #
Proposal for a directive
Recital 8
Recital 8
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant for those third-country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State are excluded from the scope of this Directive, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who reside in a Member State in exchange of any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget.
Amendment 147 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 149 #
Proposal for a directive
Recital 10
Recital 10
(10) Any period of residence spent by a holder of a long-stay visa or residence permit issued under Union or national law should be counted for acquiring the EU long-term resident status, including periods of residence under a status or in a capacity that is excluded from the scope of the Directive, such as residence for study purposes or vocational training, residence as beneficiary of national or temporary protection, or residence initially based solely on temporary grounds. Where the third-country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status, these periods should be taken into account fully in the calculation of the period required to acquire EU long- term resident status, provided that the overall residence has been legal and continuous.
Amendment 154 #
Proposal for a directive
Recital 11
Recital 11
(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long- term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient.
Amendment 156 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should be able take into account in the evaluation of the stable and regular resources certain types of social assistance, based on individual circumstances, such as those of people with disabilities, or those unable to work through pregnancy, disability or injury, particularly persons who have suffered work-related injuries, accidents or diseases, as to ensure compliance with the principle of non-discrimination.
Amendment 159 #
Proposal for a directive
Recital 12
Recital 12
Amendment 165 #
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, third-country nationals who wish to acquire and maintain EU long- term resident status should not constitute a threat to public policy or publicinternal security. The notion of public policy may cover a conviction for committing a serious crime.
Amendment 169 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin or other third countries for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re- acquisition of the EU long-term resident status.
Amendment 174 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualificationsoccupational diplomas, certificates and other qualifications, as well as skills and competences, acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. _________________ 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 176 #
Proposal for a directive
Recital 21
Recital 21
(21) This Directive should take into account the common standards and procedures in Member States for returning illegalrregularly staying third-country nationals introduced by Directive 2008/115/EC of the European Parliament and of the Council36 . _________________ 36 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 179 #
Proposal for a directive
Recital 22
Recital 22
(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redressmedy against such decisions .
Amendment 182 #
Proposal for a directive
Recital 24
Recital 24
(24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, unless refoulement is permitted under Directive 2011/95/EU, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.
Amendment 183 #
Proposal for a directive
Recital 25
Recital 25
Amendment 189 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to work for spouseeducation, training or work for spouses, legal partners or family members should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society.
Amendment 193 #
Proposal for a directive
Recital 27
Recital 27
(27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, childrenIn order to enhance the integration of family members of EU long- term residents who are born or adopted in the territory of the EU Member State having issued to the latter, the acquisition of the EU long- term residence permit should acquire thet status for children of an EU long- term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence., irrespectively of their place of birth, should be automatic without any other specific conditions or requirements
Amendment 195 #
Proposal for a directive
Recital 28
Recital 28
(28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long- term residence permit. Such national residence permits should not confer the right to reside in other Member States. However, where a Member Stated decides to grant a national residence permit to a third-country national, the third-country national shall first be offered an EU long- term residence permit in order to facilitate the acquisition of such right.
Amendment 199 #
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorand should inform applicants of the possibility of requesting the EU-long term residence when applicants lodge a national residence permit application. When informing about the EU long-term residence permit and national residence permits, Members States should provide the same level of information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. All the information on the procedure to obtain the status on EU long-term residence should be available in languages the third-country national can understand and should be accessible for persons with disabilities.
Amendment 205 #
Proposal for a directive
Recital 30
Recital 30
(30) Residence of EU long-term residents in other Member States should be facilitated. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long- term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances. , as well as the social and cultural integration of the third-country nationals
Amendment 212 #
Proposal for a directive
Recital 35
Recital 35
(35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. EU long-term residents should be entitled to begin employment or study at the latestnot later than 30 days after submitting the application for residence in the second Member State.
Amendment 214 #
Proposal for a directive
Recital 36
Recital 36
(36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional qualificationdiplomas, certificates and other qualifications as well as skills and competences should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law.
Amendment 217 #
Proposal for a directive
Recital 37
Recital 37
(37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who may bare authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled adult childrenor otherwise dependent adult children, spouses or legal partners and of first- degree relatives in the direct ascending line who are dependent on them.
Amendment 219 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member State in which an EU long-term resident intends to exercise his/her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy, publicinternal security or public health.
Amendment 221 #
Proposal for a directive
Recital 40
Recital 40
Amendment 223 #
Proposal for a directive
Recital 41
Recital 41
(41) Third-country nationals should be granted the possibility of acquiringe EU long-term resident status in the Member State where they have moved and have decided to settle under the same conditions as those required for its acquisition in the first Member State. However, the required period of residence in the second Member State should be three years and it should not be possible to cumulate periods of residence in different Member States. In that case, it should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long- term residents other than those who are workers or self-employed persons or their family members, prior to the completion of five years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self-employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residenceif they have been granted EU long-term resident status in the first Member State and it is valid at the time of application. For the purposes of facilitating integration, third-country nationals and their family should have access to social assistance, or maintenance assistance for studies, including vocational training, after 6 months of legal and continuous residence in its territory. The second Member State may decide to grant such assistance to EU long-term residents and their family members prior to the completion of five year6 months of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Furthermore, prior to the completion of five years of legal and continuous residence in that Member State, where an EU long-term resident has ceased an employed or self-employed activity and he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover so as not to become an unreasonable burden on the social assistance system of the second Member State, his/her legal stay may be ended on that ground, bearing in mind that Union citizens who have exercised free movement rights and their family members may be expelled in such a situation.
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) arehave applied for authorisedation to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) arehave applied for authorisedation to reside in a Member State on the basis of a form of protection other than international protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) reside solely on temporary grounds such as au pair or seasonal worker, or as workers posted by a service provider for the purposes of cross- border provision of services, or as cross- border providers of services ;
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) hold or has held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 237 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long- term resident status to third-country nationals who have resided legally and continuously within its territory for fivthree years immediately prior to the submission of the relevant application.
Amendment 239 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, Member States may grant EU long-term resident status to vulnerable persons, such as people with disabilities, elderly persons, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected serious forms of psychological, physical or sexual violence, who have resided legally and continuously within their territories for less than three years, based on an assessment of their individual situation, in accordance with the conditions set out in national law
Amendment 240 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 245 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated twoone years of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State.
Amendment 247 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall not grant EU long-term resident status on the basis of international protection in the event of the revocation of, ending of or refusal to renew international protection as laid down in Article 14(3) and Article 19(3) of Directive 2011/95/EU.
Amendment 251 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
Regarding persons to whom international, temporary or other forms of protection has been granted, at least halfthe entirety of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2011/95/EU, or the whole of that period if it exceeds 18 months, shall be taken into account in the calculation of the period referred to in paragraph 1.
Amendment 253 #
Proposal for a directive
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
Periods of absence from the territory of the Member State concerned shall not interrupt the period referred to in paragraph 1 and shall be taken into account for its calculation where they are shorter than six consecutive months and do not exceed in total 102 months within the period referred to in paragraph 1.
Amendment 254 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, Member States may consider access to certain types of social assistance in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with the principle non-discrimination;
Amendment 258 #
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Paragraph 1 shall not apply to a third-country national who has resided legally and continually for a period of ten years prior to lodging his or her applicant for EU long-term resident status.
Amendment 260 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. For the purpose of assessing stable and regular resources, any period of unemployment of less than three months shall not be taken into account.
Amendment 264 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 267 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permit applicants to comply with stricter resources and integration conditions than those imposed on applicants for such nationaland where the conditions laid down in national law for the issuance of such a permit are met, the third- country national who applied for the national residence permit shall be considered to have also met all the conditions to acquire the EU long-term residencet permits.
Amendment 273 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States may refuse to grant EU long-term resident status on grounds of public policy or publicinternal security.
Amendment 275 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 279 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. To acquire EU long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by a valid travel document or its certified copy.
Amendment 282 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than six month90 days from the date on which the complete application was lodged. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.
Amendment 284 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected. Where no decision is taken within the time limit provided for in the first subparagraph, any fee required in accordance with Article 9 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limit.
Amendment 288 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an application for an EU long-term residentce permit concerns a third- country national who holds a national residence permit issued by the same Member State in accordance with Article 14, that Member State shall not require the applicant to givepresent additional evidence ofor the conditions provided for in Article 5(1) and (2), ifapplication of the EU permit provided the compliance with those conditions necessary was already verified in the context of the application for the national residence permit.
Amendment 304 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 309 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States may withdraw the EU long-term resident status in the event of the revocation of, ending of or refusal to renew international protection as laid down in Articles 14(3) and 19(3) of Directive 2011/95/EU if the long-term resident status was obtained on the basis of international protection.
Amendment 313 #
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 2
Article 9 – paragraph 6 – subparagraph 2
In those cases, Member States may decideshall not to require the fulfilment of the conditions set out in Article 4(1) and Article 5(1).
Amendment 315 #
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 3
Article 9 – paragraph 6 – subparagraph 3
Amendment 321 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an application for EU long- term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right to mount a legal challenge in the Member State concernedan effective legal remedy in the Member State concerned. The notification stating the decision of the Member State concerned shall specify the court or administrative authority with which an appeal may be lodged and the time limit for lodging an appeal.
Amendment 323 #
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or, excessive or dissuasive.
Amendment 324 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long- term resident applicants to pay higher fees than those imposed on applicants for national residence permits. In the case where the applicant requests both, a national residence permit and a EU long- term resident permit, the fee applied for the processing of one permit, shall cover both applications;
Amendment 328 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) access to employment and self- employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remunerationand terms of employment, including the minimum working age, and working conditions, including conditions regarding dismissal and remuneration, working hours, leave and holidays, as well as health and safety requirements at the workplace;
Amendment 329 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) education and vocational training, including study grants in accordance with national law;
Amendment 330 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) recognition of professional diplomasqualifications, including, certificates and other qualifications, in accordance with the relevant national procedures. Where professional qualifications acquired in a third country have already been recognised in another Member, those qualifications should be recognised in accordance with Directive 2005/36/EC;
Amendment 333 #
Proposal for a directive
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing; , as well as information and counselling services provided by employment offices;
Amendment 335 #
Proposal for a directive
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 338 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) Member States may require proof of appropriate language proficiency for access to tertiary education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.
Amendment 340 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. As far as the Member State which granted international protection is concerned, paragraphs 3 and 4 shall be without prejudice to Directive 2011/95/EU.
Amendment 350 #
Proposal for a directive
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) the consequences for the person concerned and family members, taking into account, in particular, the best interests of the child;
Amendment 351 #
Proposal for a directive
Article 13 – paragraph 3 – point d
Article 13 – paragraph 3 – point d
(d) social, cultural and family links with the country of residence or the absence of links with the country of origin.
Amendment 354 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 356 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where a decision ending the legal stay of an EU long-term resident has been adopted, a judicial redress procedure shall be available to the EU long-term residentthat EU long-term resident shall have the right to effective legal remedy in the Member State concerned.
Amendment 358 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
This Directive is without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit issued in accordance with this Directive . Such residence permits shall not confer the right of residence in the other Member States as provided by Chapter III of this Directive. Where Member States issue national residence permits of permanent or unlimited validity, they shall grant third- country nationals to whom they issue the EU long-term resident status the same rights, procedural safeguards and advantages as those granted to third- country nationals to whom they have issued such national residence permits of permanent or unlimited validity, where such rights, safeguards and advantage are more favourable under the national permit. Where Member States decides to grant a national residence permit to a third- country national, the third-country national shall first be offered an EU long- term residence permit. Where a third-country national already holds a national permanent residence permit in accordance with this Article, and applies for an EU long-term residence permit in the same Member State, the Member State in question shall automatically grant an EU long-term resident status to the person concerned.
Amendment 362 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her theDependent children of an EU long- term residence permit shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child.
Amendment 364 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. By way of derogation from Article 15(1) and (3) of Directive2003/86/EC, Member States shall grant autonomous EU long-term residence permit to family members of an EU long-term resident, upon application, after one year of legal and continuous residence in the territory of the Member State concerned.
Amendment 366 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may not be applied, but only after the persons concerned have been granted family reunification.
Amendment 367 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 370 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market in relation to family members.
Amendment 373 #
Proposal for a directive
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) pursuit of studies or vocational trainingtraining, including apprenticeships, internships or traineeships;
Amendment 374 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 375 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concernedir dependent family members. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;in accordance with the provisions of Article 5(2)
Amendment 377 #
Proposal for a directive
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(ba) Member States may consider access to social assistance provided by the Member State in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with non-discrimination;
Amendment 378 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 382 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 386 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 3
Article 17 – paragraph 3 – subparagraph 3
Amendment 388 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meet the relevant conditions, as well as by their EU long-term residentce permit and a valid travel document or their certified copies.
Amendment 390 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 2 – point b
Article 17 – paragraph 4 – subparagraph 2 – point b
(b) in case of study or vocational training the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or vocational training.
Amendment 391 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 3
Article 17 – paragraph 4 – subparagraph 3
With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional and occupational diplomas, certificates and other qualifications, in accordance with applicable Union and national law.
Amendment 394 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The EU long-term resident shall be allowed to commence work or study in the second Member State not later than 30 days after the date of submission of the complete application.
Amendment 395 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. When the EU long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family present in the first Member State, other than those referred to in Article 4(1) of Directive 2003/86/EC, mayshall be authorised to accompany or to join the EU long-term resident.
Amendment 396 #
Proposal for a directive
Article 18 – paragraph 4 – point c
Article 18 – paragraph 4 – point c
Amendment 397 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where the family was not already constituted in the first Member State, Directive 2003/86/ECArticle 15 shall apply.
Amendment 399 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Member States may refuse applications for residence from EU long-term residents or their family members where the person concerned constitutes a threat to public policy or publicinternal security.
Amendment 400 #
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or publicinternal security committed by the long- term resident or his/her family member(s), or the danger that emanates from the person concerned, as well as the existence of links with the country of residence.
Amendment 403 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
The competent national authorities shall take a decision on the application and notify the applicant in writing as soon as possible but not later than 960 days from the date that the application has been lodged.
Amendment 404 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2 a (new)
Article 21 – paragraph 1 – subparagraph 2 a (new)
Amendment 405 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy, public and internal security and public health in Articles 19 and 20, the second Member State shall issue the EU long-term resident with a renewable residence permit. This residence permit shall, upon application, if required, be renewable on expiry. The second Member State shall inform the first Member State of its decision.
Amendment 406 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes of calculation of the duration of residence required for the acquisition of an autonomous residence permit, residence in different Member States shall be cumulated. Member States may require twoone years of legal and continuous residence in the territory of the Member State where the application for the autonomous residence permit is submitted immediately prior to the submission of the application for the autonomous residence permit.
Amendment 407 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where an application for a residence permit is rejected, or the permit is not renewed or is withdrawn, the person concerned shall have the right to mount a legal challenge in the Member State concernedan effective judicial remedy in the Member State concerned. The written notification stating the decision of the Member State concerned shall specify the court or administrative authority with which the appeal may be lodged and the time limit for lodging an appeal.
Amendment 408 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 411 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 3
Article 24 – paragraph 2 – subparagraph 3
Amendment 415 #
Proposal for a directive
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Until the third-country national has obtained EU long-term resident status, tThe second Member State may decide to refuse to renew or to withdraw the resident permit in the following cases:
Amendment 416 #
Proposal for a directive
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) on grounds of public policy or publicinternal security referred to in Article 19;
Amendment 420 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Unless, in the meantime, the international protection has been withdrawn or the person falls within one of the categories specified in Article 21(2) of Directive 2011/95/EU, the second Member State shall not refoule third- country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive.
Amendment 422 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Upon application, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 517, 19 and 620. The second Member State shall notify its decision to the first Member State.
Amendment 425 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. By way of derogation from Article 4(1), and (3)upon application by the EU long-term resident, the second Member State shall grant EU long-term resident status to third-country nationals who, after have acquiringed the right to reside in accordance with this Chapter, have legally and continuously resided within its territory for three years immediately prior to the submission of the relevant application.
Amendment 426 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. For the purpose of the application referred to in paragraph 2, the applicant shall submit the valid EU long-term residence permit issued by the first Member State or a certified copy thereof.
Amendment 427 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
The second Member State shall not be obliged to confer entitlement to social assistance, or maintenance aid for studies, including vocational training, consisting in student grants or student loans to EU long- term residents other than workers, self- employed persons, and their family members, prior to the completion of five yearsix months of legal and continuous residence in its territory.
Amendment 428 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of five yearsix months of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self-employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens other than workers, self-employed persons or persons who retain such status under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members.
Amendment 430 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 433 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall make easily accessible toinformation to any potential applicants for an EU long- term resident permit in a language which they are likely to understand information.
Amendment 434 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) on the status acquisition and residence conditions applicable to third- country nationals and to their family members, including their rights and obligations and the procedural safeguards. under this Directive and under relevant Union and national labour law and practice
Amendment 435 #
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) on rights and procedures related to living and working in second Member State
Amendment 436 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where Member States issue national residence permits in accordance with Article 14, they shall ensure the same access to information on the EU long-term resident permit as the one provided with respect to such national residence permits. Information regarding the EU long-term resident permit shall be made available during the application process for a national residence permit. Member States shall ensure accessibility to information for persons with disabilities