[ParlTrack]

Proposal for a directive
Recital 11

(11) In order to make the Union more attractive for third-country national researchers, family members of researchers, as defined in Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market.deleted

2013/09/11
Committee: LIBE

Mario BORGHEZIO

Proposal for a directive
Article 24

After finalisation of research or studies in the Member State, third-country nationals ~~shall be entitled to~~may stay on the territory of the Member State for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals ~~may~~shall be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 months, third-country nationals ~~may~~shall additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.

2013/09/11
Committee: LIBE

Mario BORGHEZIO

Proposal for a directive
Article 25

Article 25 Researchers' family members 1. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence. 2. By way of derogation from the last subparagraph of Article 4(1) and Article 7(2) of Directive 2003/86/EC, the integration conditions and measures referred to in those provisions may only be applied after the persons concerned have been granted family reunification. 3. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, authorisations for family members shall be granted, where the conditions for family reunification are fulfilled, within 90 days from the date on which the application was lodged, and 60 days from the date of the initial application for family members of third- country national researchers covered by the relevant Union programmes including mobility measures. 4. By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher insofar as the period of validity of their travel documents allows it. 5. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.deleted

2013/09/11
Committee: LIBE

Mario BORGHEZIO

Proposal for a directive
Article 28

Article 28 Residence in the second Member State for family members 1. When a researcher moves to a second Member State in accordance with Articles 26 and 27, and when the family was already constituted in the first Member State, the members of his family shall be authorised to accompany or join him. 2. No later than one month after entering the territory of the second Member State, the family members concerned or the researcher, in accordance with national law, shall submit an application for a residence permit as a family member to the competent authorities of that Member State. In cases where the residence permit of the family members issued by the first Member State expires during the procedure or no longer entitles the holder to reside legally on the territory of the second Member State, Member States shall allow the person to stay in their territory, if necessary by issuing national temporary residence permits, or equivalent authorisations, allowing the applicant to continue to stay legally on their territory with the researcher until a decision on the application has been taken by the competent authorities of the second Member State. 3. The second Member State may require the family members concerned to present with their application for a residence permit: a) their residence permit in the first Member State and a valid travel document, or their certified copies, as well as a visa, if required; b) evidence that they have resided as members of the family of the researcher in the first Member State; c) evidence that they have a sickness insurance covering all risks in the second Member State, or that the researcher has such insurance for them. 4. The second Member State may require the researcher to provide evidence that the holder: a) has an accommodation regarded as normal for a comparable family in the same region and which meets the general health and safety standards in the Member State concerned; b) has stable and regular resources which are sufficient to maintain himself and the members of his family, without recourse to the social assistance 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 national wages and pensions as well as the number of family members.deleted

2013/09/11
Committee: LIBE

4 Amendments of Mario BORGHEZIO related to 2013/0081(COD)

ParlTrack - 2011-2024