84 Amendments of Konstantinos ARVANITIS related to 2022/0134(COD)
Amendment 33 #
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, 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 34 #
Proposal for a directive
Recital 9
Recital 9
(9) The required period of residence for the acquisition of EU long-term resident status should be completed in the same Member State of application. However, iIn 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, in order to complete the required period of residence for the acquisition of EU long-term resident status. However, at least one year of legal and continuous residence should be completed in the same Member State of application. 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 another Member State for the purpose of cumulating periods.
Amendment 35 #
Proposal for a directive
Recital 10
Recital 10
(10) Any period of residence spent by a holder of a long-stay visa or residence visa or 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 seasonal or posted work, 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 36 #
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. Social assistance and sickness insurance provided by a Member State should be ensured and recognised as an adequate resource, in case of incapacity of a third- country national to work due to pregnancy, disability or accident, injury or disease, particularly if work-related.
Amendment 40 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to constitute a genuine instrument for the integration of EU long- term residents into the society in which they live, EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and, social and labour matters, under the relevant conditions defined by this Directive.
Amendment 46 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualificationand occupational qualifications, 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 53 #
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 spouses or legal partners and family members, with particular regard to dependent adult children 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 56 #
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, dependent children of EU long-term residents who are born or adopted in the territory of the EU Member State having issued to the latter the EU long-term residence permits should acquire the EU long-term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence.
Amendment 58 #
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 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. Relevant fees should not be disproportionate or dissuasive for applicants; while Member States should ensure that long-term residents are entitled to reimbursement from the employer or education institution. 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. Relevant information should be available in languages EU long-term residents can understand and accessible to persons with disabilities.
Amendment 63 #
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 imbalancethe social, labour and cultural integration of third-country nationals.
Amendment 70 #
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 10 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that the resident is entitled to begin employment or study in the second Member State.
Amendment 74 #
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, occupational 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 75 #
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 be 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 79 #
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 provide social assistance to an EU long-term resident in case of pregnancy, disability or injury, accident or disease, in particular work-related, which results in the EU long-term resident’s incapacity to work, in accordance with national law or practice. 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 Statewithin 9 months after he/she regains capacity to work, 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 81 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘family members’ means the spouses or legal partners, minor and dependent adult children and any other family members of third- country nationals who reside in the Member State concerned in accordance with Council Directive 2003/86/EC37 ; __________________ 37 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
Amendment 86 #
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 itsEU territory for fivthree years immediately prior to the submission of the relevant application.
Amendment 87 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particularhile still allowing for third-country nationals to leave the EU and their country of residence for a limited period of time, with regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 89 #
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 90 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Any period of residence spent as a holder of a long-stay visa or residence visa or permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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.
Amendment 92 #
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 94 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Social assistance and sickness insurance provided by a Member State shall be recognised as an adequate resource or insurance under specific circumstances, such as a third-country national’s incapacity to work due to pregnancy, disability or injury, accident or disease, in particular work-related.
Amendment 97 #
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 natur, including social assistance aund regularity and may take into account the level of minimum wages and pensionser the circumstances laid out in paragraph 1, subparagraph 1, by reference to their nature and regularity 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.
Amendment 101 #
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 104 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of more than 24 consecutive months.
Amendment 106 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where anAny decision declaring inadmissible, rejecting the application for withdrawing the EU long- term resident status is, or rejecteding the renewal orf 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 concerne permit shall be open to an effective judicial remedy in the Member State concerned, in accordance with national law. The written notification shall specify the court or administrative authority with which an appeal may be lodged and the time-limit for lodging the appeal. Protection of EU long-term residents or applicants from discriminatory practices shall be ensured.
Amendment 107 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
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. Relevant fees shall not be dissuasive for the applicant, while the Member States shall ensure that the long-term resident is entitled to reimbursement from the employer or education institution.
Amendment 110 #
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 quality working conditions, including conditions regarding dismissal and remuneratremuneration, working hours, overtime rates, annual and sick leave, leaves related to care and holidays, protection against discriminatory, illegitimate and disproportionate deductions from the remuneration, allowances or reimbursement of expenditure to cover travel, board and lodging expenses, as well as equality of treatment between men and women, health and safety at the workplace and dismissal, in accordance with Directive (EU) 019/1152, Directive 2008/104/EC, Directive 89/391 EEC, and Directive .../... on Adequate Minimum Wages in the European Union;
Amendment 113 #
Proposal for a directive
Article 12 – paragraph 1 – point b a (new)
Article 12 – paragraph 1 – point b a (new)
(ba) access to free national language training;
Amendment 114 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) recognition of professional diplomas, certificates and other professional and occupational qualifications, in accordance with the relevant national procedures; Member States shall recognise any qualifications acquired in another Member State in the same way as those of citizens of the Union and shall take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualification were already recognised in another Member State;
Amendment 122 #
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 benefits conferred by such organisations, including the right to negotiate and conclude collective agreements in compliance with the right to association, to organise and to collective bargaining as provided for in ILO Conventions 87 and 98, the right to take industrial action and the right to strike, without prejudice to the national provisions on public policy and public security;
Amendment 124 #
Proposal for a directive
Article 12 – paragraph 1 – point h a (new)
Article 12 – paragraph 1 – point h a (new)
(ha) access to public employment service offices, as well as information and counselling provided by employment offices, in particular public.
Amendment 125 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
For the purposes of Article 12, paragraph 1, Member States shall improve the function of labour inspectorates with necessary funds, resources and staff, to widen the scope of monitoring, ensure effective, proportionate and non- discriminatory controls and field inspections, including routine and unannounced visits, and strengthen the protection of third-country nationals from exploitation, discrimination and unequal treatment. Members shall also ensure that organisations representing workers, in particular trade unions, shall have access to the workplace and, with the agreement of the worker, to their data.
Amendment 128 #
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. Member States may restrict equal treatment with nationals only in the following cases:
Amendment 131 #
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 higher education and training, but not for early childhood and basic education and care. Access to university may be subject to the fulfilment of specific educational prerequisites.
Amendment 134 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country. Where no bilateral social security agreement exists between the Member State and said third country, Member States shall address any resulting difficulty for EU long-term residents to receive their pension entitlements in a timely, just and effective manner.
Amendment 138 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 140 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 930 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.
Amendment 144 #
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, 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 148 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 152 #
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, including social assistance provided by the Member State concerned, under circumstances laid out in Article 5(1), subparagraph 1, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. 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;
Amendment 154 #
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 attendshall have access to free language courses.
Amendment 157 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 2 – point a a (new)
Article 17 – paragraph 4 – subparagraph 2 – point a a (new)
(aa) Member States shall ensure that the required evidence is not excessive or complicated and does not dissuade the persons concerned from submitting the application.
Amendment 157 #
Proposal for a directive
Recital 12
Recital 12
Amendment 161 #
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, occupational or other qualifications, in accordance with applicable Union and national law.
Amendment 164 #
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 310 days after the date of submission of the complete application.
Amendment 166 #
Proposal for a directive
Article 18 – paragraph 4 – point c
Article 18 – paragraph 4 – point c
(c) evidence that they have stable and regular resources , also made available by a third party, which are sufficient to maintain themselves without recourse to the social assistance of the Member State concernedincluding social assistance provided by the Member State concerned, under circumstances laid out in Article 5(1) subparagraph 1, which are sufficient to maintain themselves or that the EU long- term resident has such resources and insurance for them, as well as sickness insurance covering all risks in the second Member State. 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.
Amendment 168 #
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 172 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 3
Article 24 – paragraph 2 – subparagraph 3
Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), points (b) or (c), and their family members may have access to an employed or self- employed activity.
Amendment 173 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Persons referred to in Article 16(2), point b, outside their study time and subject to the rules and conditions applicable to the relevant activity in the Member State concerned, shall be entitled to be employed and may be entitled to exercise self-employed economic activity. Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 15 hours per week, or the equivalent in days or months per year.
Amendment 177 #
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 180 #
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 years of legal and continuous residence in its territory. EU long-term residents that do not have the capacity to work due to pregnancy, disability or accident, injury or disease, in particular work-related, shall have access to social assistance.
Amendment 185 #
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 so as not to become an unreasonable burden on its social assistance systemwithin 9 months after he/she regains capacity to work.
Amendment 187 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall make easily accessible toprovide applicants for an EU long- term resident permit information
Amendment 187 #
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 spouses or partners and family members, with particular regard to dependent adult children 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 188 #
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 spouses 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 190 #
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) on the rights and procedures related to residence and employment in an EU Member State under this Directive and under relevant Union and national labour law and practice;
Amendment 192 #
Proposal for a directive
Article 27 – paragraph 1 – point b b (new)
Article 27 – paragraph 1 – point b b (new)
(bb) on contact details of organisations representing workers, in particular trade unions, national labour inspectorates and other judicial assistance available under national law;
Amendment 193 #
Proposal for a directive
Article 27 – paragraph 1 – point b c (new)
Article 27 – paragraph 1 – point b c (new)
(bc) on contact details of relevant civil society organisations;
Amendment 194 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 (new)
Article 27 – paragraph 1 – subparagraph 1 (new)
All relevant information shall be easily accessible and available in a language that applicants can understand, in digital and non-digital form. Member States shall ensure accessibility to information for persons with disabilities.
Amendment 194 #
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, dependent children of EU long-term residents who are born or adopted in the territory of the EU Member State having issued to the latter the EU long-term residence permits should acquire the EU long-term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence.
Amendment 195 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Once a third-country national has completed the required term of residence on EU territory, he/she shall be informed by the competent authorities about the completion of that term and the possibility to apply for the status provided for by Article 7, in case the conditions of Articles 3, 4 and 5 or Article 26 are fulfilled.
Amendment 196 #
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 platform between the Member States, for the purpose of sharing information and best practices in the field of employment and social affairs regarding the application of this Directive. The Commission shall also encourage Member States to take into account policy recommendations by relevant stakeholders, in particular trade unions and civil society organisations, when implementing the Directive.
Amendment 196 #
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. A third-country national may hold both the EU long-term resident status and a national or other EU permanent residence permit
Amendment 218 #
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 be 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 partners and of first- degree relatives in the direct ascending line who are dependent on them.
Amendment 238 #
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 itsEU territory for five three years immediately prior to the submission of the relevant application.
Amendment 249 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Any period of residence spent as a holder of a long-stay visa or residence visa or permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, 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.
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 270 #
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.
Amendment 290 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Any decision to reject an application for the long-term residence shall take account of the specific circumstances of the case and shall respect the principle of proportionality.
Amendment 308 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 327 #
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 excluding public services, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;
Amendment 331 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures;Member States shall recognise professional qualifications acquired in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC where the latter qualification were already recognised in another Member State.
Amendment 337 #
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 education and training. Access to university may be subject to the fulfilment of specific educational prerequisites. Access to early childhood education and care shall be without any restrictions and/or prerequisites.
Amendment 353 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 361 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The dependent children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her the 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 365 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 368 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 930 days after the date of submission of the application for family reunification. Article 7(2) and Article 10 of this Directive shall apply accordingly.
Amendment 380 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 381 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 387 #
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 attendshall have access to free language courses.
Amendment 412 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 3
Article 24 – paragraph 2 – subparagraph 3
Member States may decide in accordance with national law the conditions under which the persons referred to in Article 16(2), points (b) or (c) c, and their family members may have access to an employed or self- employed activity.
Amendment 413 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Persons referred to in Article 16(2), point b, outside their study time and subject to the rules and conditions applicable to the relevant activity in the Member State concerned, shall been titled to be employed and may be entitled to exercise self-employed economic activity. Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity.
Amendment 419 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 431 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4