41 Amendments of Abir AL-SAHLANI related to 2022/0134(COD)
Amendment 143 #
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. To this risk is particularly relevantend, this Directive should not apply for those third- country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State where the holder of such a permit acquired it 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, and should not further examine applications submitted as soon as it has become evident that the applicant of an EU long- term resident status submitted by third-country nationals who resideis residing or has previously resided through a residence permit 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 146 #
Proposal for a directive
Recital 9
Recital 9
(9) TIn order to further promote the attractiveness of the Long-term Resident Status, the required period of residence for the acquisition of EU long-term resident status should be reduced to three years, of which at least one year of residence should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third- country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in anothery Member State for the purpose of cumulating periods.
Amendment 150 #
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 or residence as a seasonal worker under Directive 2014/36/EU. 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 153 #
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. In addition, Member States shall ensure that provisions requiring the applicant to hold adequate resources and sickness insurance to acquire the EU Long-term residence status should be on equal terms with any provisions set out to acquire a national residence permit.
Amendment 161 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States shouldmay be able to require applicants for EU long-term resident status to comply with reasonable and proportionate integration conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not be liable to jeopardisehindering or preventing the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third- country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, illiteracy or level of education. Furthermore, the Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit that are stricter than those imposed on applicants for such national residence permits, such as conditions and requirements related to resources, integration or administrative application procedures.
Amendment 164 #
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 public security. The notion of public policy may cover a conviction for committing a serious crime. The decision whether a third-country national constitutes a threat to public policy or public security shall be made in accordance with procedures enshrined in national legislation, with the right to appeal by the applicant in national court.
Amendment 173 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualificationsand occupational 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. For the validation and recognition of the skills, competences and qualifications of third-country nationals in occupational professions, including vocational training, a common Union framework should be developed based on objective and uniform criteria, to support Member States and to facilitate the integration of third-country nationals into the labour market as well as to support intra-EU labour mobility. _________________ 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 177 #
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 redress against such decisions . Member States should not be allowed to revoke the status of such residents and remove them from their territory, unless the resident concerned has been given the possibility to appeal. Under no circumstances are Member States permitted to revoke the residency rights from persons with EU long-term residency status, resulting in the person being removed from the territory unless all possibilities for appeal have been exhausted.
Amendment 185 #
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 spousefamily 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. Furthermore, given that respect for family life and its protection is an essential element for the integration of EU long-term residents, the residence permit for the children of EU long-term residents should be interconnected to their residence permit. When a person acquires EU long-term resident status, his or her dependent children who are residing with them should acquire the EU long-term resident status automatically in the territory of the EU Member State having issued the EU long-term residence permit to that person, in particular without being subject to the requirement of prior residence.
Amendment 192 #
Proposal for a directive
Recital 27
Recital 27
Amendment 201 #
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 authorities. Member States should not be permitted to change the conditions for the renewal of the EU long-term residency for those persons who have acquired the status in the past or introduce additional requirements.
Amendment 202 #
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 andto obtain the respective statuses as well as 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 thanequal to 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, including the provision of that information indifferent languages, including English, and training programmes provided to the competent migration authorities.
Amendment 204 #
Proposal for a directive
Recital 30
Recital 30
(30) Residence of EU long-term residents in other Member States should be facilitated and promoted. 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 imb, to supporting sustainable economic growth and to rebalancing disparities within and between regions. Furthermore, the intra-EU mobility of EU long-term residents and their family members can have social ancd cultural added value for EU Member States.
Amendment 208 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, noLabour market checks constitute a barrier to effective intra-EU mobility. Therefore, Member States should not carry out any check of the labour market situation should be carried outin a second Member State when examining applications for residence in athat second Member State for the exercise of an economic activity in an employed or self-employed capacity.
Amendment 211 #
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 latest 30 days after submitting the application for residenceAt the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or study in the second Member State.
Amendment 215 #
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 diplomas, certificates and other qualifications 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 222 #
Proposal for a directive
Recital 40
Recital 40
(40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the second Member State should be allowed to require that EU long-term residents and their family members communicate to the competent authorities anythe changes of employer or economic activity which materially affect their financial circumstances. The communication procedure should not suspend the right of the persons concerned to pursue the economic activity in an employed or self- employed capacity, and nothe Member State should not carry out any check of the labour market situation should be carried outwhen assessing the information submitted.
Amendment 224 #
Proposal for a directive
Recital 41
Recital 41
(41) Third-country nationalEU long-term residents should be granted the possibility of acquiring 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, iIt 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 residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of five years 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. Notwithstanding the above, Member States should, in accordance with national law or practice, provide social assistance to an EU long-term resident in the case of injury, accident or disease that is due to work and which results in the EU long-term resident’s incapacity to work. 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 within six months, his or her legal stay may be ended on that ground 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 229 #
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 231 #
Proposal for a directive
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) resides in a Member State solely through the acquisition of a residence permit granted through any kind of investment scheme, or who is currently residing under another residence permit other than one granted through investment schemes, but has previously resided in a Member state through a permit granted from any kind of investment schemes;
Amendment 236 #
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 246 #
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 266 #
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 national residence permits. conditions and requirements that are stricter than those imposed on applicants for such national residence permits, such as conditions and requirements related to resources, integration or administrative application procedures. Integration conditions shall not be set out with the purpose of hindering or preventing the objective of promoting the integration of third-country nationals.
Amendment 277 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 281 #
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 sixthree months 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 283 #
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 reasonable deadline shall not be stricter than the equivalent deadline imposed on applicants for national permits. 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. In addition, the competent authority should accept documentary evidence to determine by national law that he/she meets the conditions set out in Articles 4 and 5 in any of the official EU languages, and, at the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or to study.
Amendment 291 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States are prohibited from introducing any conditions for the renewal of the EU long-term residency status to those persons that have acquired the status.
Amendment 341 #
Proposal for a directive
Article 12 – paragraph 7
Article 12 – paragraph 7
7. Where Member States issue national residence permits in accordance with Article 14, they shall grant EU long- term resident permit holders the same equal treatment rights as those granted to holders of national residence permits, where such equal treatment rights are more favourable than those provided for in this Articlewhich grant equal treatment rights that are more favourable than those provided for in this Article, Member States shall ensure that EU long- term residents are also granted those equal treatment rights.
Amendment 344 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Where a decision ending the legal stay of an EU long-term resident has been adopted, the national authorities shall duly inform the person concerned in written communication. The judicial redress mechanism as well as the right of the person to reside on the territory until all appeals have been exhausted, as specified in Article 7, shall be included in the written communication.
Amendment 355 #
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 resident in the Member State concerned. The legal stay cannot be ended before all appeals have been exhausted before the court of law.
Amendment 363 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. TheDependent children ofresiding with an EU long-term resident who are born or adopted in the territoryin of the Member State that issued him/her the EU long-term residence permit shall acquire EU long- term resident status automatically in the territory of the Member State that issued the parent the EU long-term residence permit, 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 369 #
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 the family members concerned.
Amendment 385 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 3
Article 17 – paragraph 3 – subparagraph 3
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses. However, Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit that are stricter than those imposed on applicants for such national residence permits in the second Member State, such as conditions and requirements related to resources, integration or administrative application procedures.
Amendment 389 #
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 long-term resident permit and a valid travel or identification document or their certified copies.
Amendment 392 #
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 diplomas, certificates and other qualifications, in accordance with applicable Union and national law.
Amendment 393 #
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. At the latest 30 days after the submission of the complete application by an EU long-term resident, Member States shall ensure that he or she is entitled to begin employment or study in the second Member State. Furthermore, the authorities of the Second Member state shall not examine the situation of their labour market when assessing the application of a Long-Term Residence permit.
Amendment 409 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Member States may provide that the EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity communicate to the competent authorities anythe changes of employer or economic activity which materially affect their financial circumstances. Such requirement shall not affect the right of the persons concerned to take up and carry out the new activity.
Amendment 424 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. By way of derogation from Article 4(1) and (3), 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 429 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2 a (new)
Article 26 – paragraph 3 – subparagraph 2 a (new)
By way of derogation from the first subparagraph, the second Member State shall, in accordance with national law or practice, provide social assistance to an EU long-term resident in the case of injury, accident or disease that is due to work and which results in the EU long- term resident’s incapacity to work.
Amendment 432 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. By way of derogation from Article 13(2), and solely prior to the completion of five years of legal and continuous residence in its territory, the second Member State may take a decision to end the legal stay of an EU long-term resident who has ceased an employed or self- employed activity, where he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover within six months so as not to become an unreasonable burden on its social assistance system.
Amendment 438 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, including the possible benefits of reducing this period, taking into account, inter alia, the different factors relevant for the integration of third- country nationals across Member States. The Commission shall also assess the possibility of establishing a network between the Member States’ labour ministries, for the purpose of sharing information on national labour market forecasts and anticipated shortages in sectors for which cooperation with third countries and the development of talent partnerships should be considered.