54 Amendments of Marc ANGEL related to 2022/0134(COD)
Amendment 37 #
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 38 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examinaproportionate, reasonable and of public interest integration conditions. However, the means for implementing this requirement should not be liable to jeopardise 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.
Amendment 41 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Equal treatment should also include equal treatment between women and men in compliance with article 157 TFEU. For a better understanding of this article, the concept of women and men should include all persons in all their diversity irrespective of their sex, gender identity, gender expression or sexual characteristics.
Amendment 43 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualificationand 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. __________________ 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 48 #
Proposal for a directive
Recital 24
Recital 24
Amendment 49 #
Proposal for a directive
Recital 25
Recital 25
Amendment 50 #
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 irrespective of their sex, gender identity, gender expression or sexual characteristics 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. In order to enhance the integration of family members of EU long term residents, the residence permit for their children should be interconnected to their residence permit. The access to the EU long term resident status for children of an EU long term resident should be automatic without any other specific conditions and/or requirements.
Amendment 55 #
Proposal for a directive
Recital 27
Recital 27
Amendment 59 #
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. 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 62 #
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.
Amendment 71 #
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 toshall 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 residence in the second Member State.
Amendment 72 #
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 78 #
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, 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 residenceIn that case, they should benefit from the same rights and obligations as Union citizens moving to that Member States, especially in terms of social protection, or maintenance assistance for studies, including vocational training. The second Member State may decide toshall grant such assistance to EU long-term residents prior to the completion of five years of legal and continuous residence,and their family members 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 82 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) reside in order to pursue studies or vocational training;
Amendment 83 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 84 #
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 85 #
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 88 #
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 two year6 months 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 91 #
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 95 #
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.
Amendment 99 #
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 conditionsconditions and requirements that are stricter than those imposed on applicants for such national residence permits.
Amendment 102 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
The person concerned shall be informed about his/her rights and obligations under this Directive, including the applicable fees.
Amendment 103 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Amendment 105 #
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 108 #
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 disbe proportionate or excessiveand shall be based on the services actually provided for the processing of applications and the issuance of permits.
Amendment 109 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. EU long-term residents shall enjoy equal treatment with nationals as regards at least:
Amendment 111 #
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 conditionterms of employment and decent working conditions, including conditions regarding dismissal and remuneration working hours, overtime rates, annual and sick leave, leaves related to care and holidays, protection against discriminatory, illegitimate and disproportionate deductions from the remuneration, as well as equality of treatment between men and women, and health and safety at the workplace, in accordance with Directive (EU) 2019/1152, Directive 2008/104/EC, Directive89/391 EEC, and Directive .../... on Adequate Minimum Wages in the European Union;
Amendment 112 #
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 117 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) access to branches of social security referred to in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council40 , and social assistance and social protection as defined by national law; __________________ 40 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 119 #
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 publicprocedure for obtaining private housing, and public housing ensuring a decent standard of living, as well as freedom of choice of housing;
Amendment 121 #
Proposal for a directive
Article 12 – paragraph 1 – point f a (new)
Article 12 – paragraph 1 – point f a (new)
(fa) information and counselling services provided by employment offices
Amendment 123 #
Proposal for a directive
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) the right to strike and take industrial action, 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, without prejudice to the national provisions on public policy and public security;
Amendment 127 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 129 #
Proposal for a directive
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
Amendment 132 #
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. Amake access to university may be subject to the fulfilment of specific educational prerequisites.
Amendment 137 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 139 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. TheDependent 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 146 #
Proposal for a directive
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) pursuit of studies or vocational training;
Amendment 150 #
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 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 153 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 3
Article 17 – paragraph 3 – subparagraph 3
Amendment 158 #
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 163 #
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 30the days after the date of submission of the complete application.
Amendment 165 #
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 concerned 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 167 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 174 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 175 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
Amendment 176 #
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 178 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 181 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The second Member State may decide toshall confer entitlement to suchocial assistance to EU long- term residents prior to the completion of five years of legal and continuous residence, providedand their family members 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 183 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 186 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall make easily accessible toprovide each applicants for an EU long- term resident permit informationwith accessible information, in a language he/she can understand
Amendment 188 #
Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) on rights and procedures related to living and working in another EU member state
Amendment 189 #
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 191 #
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 another EU member state;