2022/0134(COD) Long-Term Residents Directive. Recast
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE | ||
| Former Responsible Committee | LIBE |
BOESELAGER Damian ( Verts/ALE)
|
|
| Committee Opinion | EMPL |
TOOM Jana ( RE)
|
|
| Former Committee Opinion | EMPL |
AL-SAHLANI Abir ( Renew)
|
Romeo FRANZ ( Verts/ALE),
Guido REIL ( ID)
|
| Committee Recast Technique Opinion | JURI | ||
| Fromer Committee Recast Technique Opinion | JURI |
ADAMOWICZ Magdalena ( EPP)
|
Lead committee dossier:
Legal Basis:
RoP 113, RoP 57_o, TFEU 079-p2
Legal Basis:
RoP 113, RoP 57_o, TFEU 079-p2Events
2024/10/10
EP - TOOM Jana (RE) appointed as rapporteur in EMPL
2023/04/20
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2023/04/17
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/04/13
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Damian BOESELAGER (Greens/EFA, DE) on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast).
The proposed directive seeks to update the long-term residents directive in order to facilitate the acquisition of long-term resident status by simplifying the conditions for admission and to strengthen the rights of residents and their family members, including the rights to move and work in another EU Member State.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
Members clarified the purpose of this Directive which is to create a harmonised EU long-term resident status and establish rules on the procedures and rights associated with that status. It aims to ensure the equal treatment of third-country nationals, foster their integration and social inclusion, and enhance the right to mobility for EU long-term residents within the Union (‘intraEU mobility’). The rules set out in this Directive also aim to increase the Union’s attractiveness to third-country skills and talents.
Duration of residence
The amended text stated that Member States should grant EU long-term resident status to third-country nationals who have resided legally and continuously within its territory for three years (as opposed to five years) immediately prior to the submission of the relevant application.
Expedited processing of applications
Members proposed to speed up the processing of applications. The competent national authorities should take a decision on the application and notify the applicant in writing as soon as possible but not later than 60 days from the date that the application has been submitted.
Free language courses
It is proposed that Member States may require a proof of language proficiency up to A2 level. In such cases, Member States should provide language courses free of charge.
Equal treatment
The report stipulated that EU long-term residents should enjoy equal treatment with nationals at least with regard to, inter alia: (i) access to employment and self-employed activity, terms of employment and working conditions, including conditions regarding dismissal and remuneration, working hours, leave and holiday, as well as health and safety requirements at the workplace; (ii) recognition of qualifications, including diplomas, certificates and other qualifications, in accordance with the relevant national procedures, and taking into account qualifications acquired in a third country; (iii) access to goods and services and the supply of goods and services made available to the public, including access to private housing, and to procedures for obtaining public housing ensuring a decent standard of living, as well as information and counselling services provided by employment offices.
Level-playing field between national permanent residence permit and EU long-term permit
Where Member States issue national residence permits of permanent or unlimited validity, they should grant third-country nationals to whom they issue the EU long-term resident status the same rights, procedural safeguards and advantages as those granted for under parallel national schemes, where such rights, safeguards and advantages are more favourable under the national permit.
Swifter family reunification
Members suggested that the dependent children of an EU long-term resident should acquire EU long-term resident status automatically , without being subject to any conditions. For the purpose of protecting family members, Member States should also grant an EU long-term residence permit to family members of an EU long-term resident, upon application, after two years of legal and continuous residence of those family members in the territory of the Member State concerned.
Member States should not examine the situation of their labour market in relation to family members and family members should have access to any employment and to self-employed activity in accordance with applicable requirements under national law.
Mobility between Member States
Lastly, for the purpose of exercising long-term mobility, an EU long-term resident should acquire the right to reside in the territory of a second Member State, provided that specific conditions are met.
Documents
2023/01/01
EP - ADAMOWICZ Magdalena (EPP) appointed as rapporteur in JURI
2022/11/30
CofR - Committee of the Regions: opinion
Documents
2022/10/20
CZ_SENATE - Contribution
Documents
2022/10/20
EP - Referral to associated committees announced in Parliament
2022/09/21
ES_PARLIAMENT - Contribution
Documents
2022/09/19
EP - AL-SAHLANI Abir (Renew) appointed as rapporteur in EMPL
2022/09/05
EP - BOESELAGER Damian (Verts/ALE) appointed as rapporteur in LIBE
2022/06/22
EP - Committee referral announced in Parliament, 1st reading
2022/04/28
EC - Document attached to the procedure
Documents
2022/04/28
EC - Document attached to the procedure
Documents
2022/04/28
EC - Document attached to the procedure
Documents
2022/04/27
EC - Legislative proposal published
Details
PURPOSE: to revise the long-term resident directive in order to facilitate the acquisition of long-term resident status-EU.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the vast majority of migrants arrive and reside in Europe legally. The overall number of third-country nationals legally residing in the EU is 23 million, or 5.1% of the EU population. Of these, more than 10 million third-country nationals hold long-term or permanent residence permits. It is this target group that Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents aims to cover.
The evaluation of the Directive in the context of the 2019 fitness check of EU legislation on legal migration and its implementation reports identified several shortcomings in the achievement of its objectives, as well as practical issues arising from the application of the Directive by Member States.
The problems identified fall into six main areas: (i) the long-term resident - EU status is underused; (ii) the conditions for acquiring the status are too difficult to fulfil; (iii) long-term residents face numerous obstacles in exercising their right to mobility within the Union; (iv) there is a lack of clarity and coherence in the rights of long-term residents and their family members; (v) the possibilities for circular migration of long-term residents - EU are limited; (vi) there is a risk of abuse of long-term resident - EU status in the context of residence-by-investment schemes.
This proposal aims to create a more efficient, coherent and fair system for obtaining long-term EU resident status . This system should contribute to fostering the integration of third-country nationals who have settled legally and permanently in the Union.
This proposal is part of a package of measures proposed as a follow-up to the Commission's Communication on a New Deal on Migration and Asylum, adopted on 23 September 2020, which highlighted the need to address the main shortcomings of the EU's legal migration policy, thus responding to the overall objective of attracting the skills and talents that the EU needs . The package also includes the recast of the Single Permit Directive 2011/98/EU.
CONTENT: the Commission proposes to update the long-term residents directive in order to facilitate the acquisition of long-term resident status by simplifying the conditions for admission and to strengthen the rights of residents and their family members, including the rights to move and work in another EU Member State.
Duration of residence
Although the required period of residence of five years remains the general rule, the recast proposal introduces an important change which aims to allow third-country nationals to cumulate periods of residence in different Member States , provided that they have resided legally and continuously for two years in the territory of the Member State where the application was lodged. All periods of legal residence should be counted, including periods of residence as students, beneficiaries of temporary protection, and periods of residence initially based on temporary grounds.
Control mechanisms
Member States should better monitor the residence requirement, in particular for applications for long-term resident status - EU by third-country nationals holding a residence permit granted in return for investment, in cases where the granting of such a permit has not been made 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.
Conditions for obtaining the status
Applicants should prove that they have sufficient resources and health insurance, to avoid becoming a burden on the Member State. Member States could require applicants to meet integration conditions, for example by requiring them to pass a civic integration test or a language test.
With a view to promoting circular migration , the recast proposal extends the possibility for long-term residents - EU to be absent from the territory of the Union without losing their status from the current 12 months to 24 months. For longer absences, Member States should put in place a simplified procedure for the recovery of the status.
Equal treatment rights for long-term EU residents
The proposal (i) clarifies that long-term residents - EU should have the same right to acquire private housing as nationals; (ii) aligns the definition of social security and the right to export pensions and family benefits with the provisions of the latest EU directives on regular migration; iii) extends equal access to social protection and social assistance to long-term residents - EU
The proposal also establishes a mechanism to ensure a level playing field between the EU long-term residence permit and national permanent residence permits in terms of procedures, equal treatment rights and access to information, so that third-country nationals have a real choice between the two.
Family reunification
The proposal provides for an enhanced right to family reunification without integration conditions, with unrestricted access to employment for family members, while children of long-term residents who will be born on EU territory could immediately acquire the status.
Easier mobility within the EU
The recast proposal aims to facilitate the intra-EU mobility, by removing a number of barriers that have so far hampered it. In particular, the second Member State should no longer be entitled to carry out a check of the labour market situation when examining applications submitted by EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, and any pre-existing quotas for EU long-term residents residing to other Member States should be abolished. Furthermore, EU long-term residents should be entitled to apply while still residing in the first Member State, and to begin employment or study at the latest 30 days after having submitted their application.
In order to speed up the integration in the second Member State for persons who have already integrated in another EU Member State, the proposal for a recast provides that the required period of residence in the second Member State should be three years . For the purpose of acquisition of EU long-term resident status in a second Member State, it should not be possible to cumulate periods of residence in different Member States.
Documents
Documents
- Committee report tabled for plenary, 1st reading: A9-0145/2023
- Committee of the Regions: opinion: CDR3942/2022
- Contribution: COM(2022)0650
- Contribution: COM(2022)0650
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0200
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0650
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0651
- Legislative proposal published: COM(2022)0650
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0200
- Document attached to the procedure: EUR-Lex SWD(2022)0650
- Document attached to the procedure: EUR-Lex SWD(2022)0651
- Committee of the Regions: opinion: CDR3942/2022
- Contribution: COM(2022)0650
- Contribution: COM(2022)0650
Votes
Résidents de longue durée - Long-Term Residents - Langfristig aufenthaltsberechtigte Drittstaatsangehörige - A9-0145/2023 - Damian Boeselager - Décision d'engager des négociations interinstitutionnelles (article 71 du règlement) #
2023/04/20 Outcome: +: 391, -: 140, 0: 25
S&D
PPE
The Left
NI
ECR| Amendments | Dossier |
| 472 |
2022/0134(COD)
2022/11/14
EMPL
166 amendments...
Amendment 100 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security
Amendment 101 #
Proposal for a directive 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
Amendment 102 #
Proposal for a directive 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 Amendment 104 #
Proposal for a directive 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 105 #
Proposal for a directive Article 9 – paragraph 6 – subparagraph 2 In those cases, Member States
Amendment 106 #
Proposal for a directive Article 10 – paragraph 2 2.
Amendment 107 #
Proposal for a directive 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 108 #
Proposal for a directive 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
Amendment 109 #
Proposal for a directive Article 12 – paragraph 1 – introductory part 1. EU long-term residents shall enjoy equal treatment with nationals as regards at least:
Amendment 110 #
Proposal for a directive 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
Amendment 111 #
Proposal for a directive 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
Amendment 112 #
Proposal for a directive Article 12 – paragraph 1 – point b (b) education and
Amendment 113 #
Proposal for a directive 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 (c) recognition of
Amendment 115 #
Proposal for a directive Article 12 – paragraph 1 – point c (c) recognition of
Amendment 116 #
Proposal for a directive Article 12 – paragraph 1 – point d Amendment 117 #
Proposal for a directive 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
Amendment 118 #
Proposal for a directive 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
Amendment 119 #
Proposal for a directive 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
Amendment 120 #
Proposal for a directive Article 12 – paragraph 1 – point f (f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public and social housing;
Amendment 121 #
Proposal for a directive Article 12 – paragraph 1 – point f a (new) (fa) information and counselling services provided by employment offices
Amendment 122 #
Proposal for a directive 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
Amendment 123 #
Proposal for a directive 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 124 #
Proposal for a directive 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) 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 126 #
Proposal for a directive Article 12 – paragraph 2 Amendment 127 #
Proposal for a directive Article 12 – paragraph 2 Amendment 128 #
Proposal for a directive Article 12 – paragraph 3 – introductory part 3. Member States may restrict equal treatment with nationals only in the following cases:
Amendment 129 #
Proposal for a directive Article 12 – paragraph 3 – point a Amendment 130 #
Proposal for a directive 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. Member States may not require proof of appropriate language proficiency for access to early childhood education and care.
Amendment 131 #
Proposal for a directive 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 132 #
Proposal for a directive Article 12 – paragraph 3 – point b (b) Member States may
Amendment 133 #
Proposal for a directive 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. In cases where no bilateral social security agreement exists between the Member State and the third country in question, any resulting difficulty for EU long-term residents to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.
Amendment 134 #
Proposal for a directive 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 135 #
Proposal for a directive 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
Amendment 136 #
Proposal for a directive Article 13 – paragraph 3 Amendment 137 #
Proposal for a directive Article 13 – paragraph 6 Amendment 138 #
Proposal for a directive Article 15 – paragraph 1 Amendment 139 #
Proposal for a directive Article 15 – paragraph 1 1.
Amendment 140 #
Proposal for a directive Article 15 – paragraph 3 3. By way of derogation from Article
Amendment 141 #
Proposal for a directive 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 142 #
Proposal for a directive Article 15 – paragraph 4 4.
Amendment 143 #
Proposal for a directive Article 15 – paragraph 4 a (new) 4a. By way of derogation from Article 14(1), point (b), of Directive 2003/86/CE family members shall have access to any employment, and to self-employed activity in accordance with applicable requirements under national law, in the Member State concerned.
Amendment 144 #
Proposal for a directive Article 16 – paragraph 1 1.
Amendment 145 #
Proposal for a directive Article 16 – paragraph 2 – point b (b) pursuit of studies or vocational
Amendment 146 #
Proposal for a directive Article 16 – paragraph 2 – point b (b) pursuit of studies or
Amendment 147 #
Proposal for a directive Article 16 – paragraph 3 – subparagraph 2 Amendment 148 #
Proposal for a directive Article 16 – paragraph 3 – subparagraph 2 Amendment 149 #
Proposal for a directive Article 16 a (new) Article 16a Short-term mobility For the purpose of exercising short-term mobility, where a third-country national who holds a valid EU long-term residence permit issued by a Member State that applies the Schengen acquis in full enters and stays in one or several Member States for a period of 90 days in any 180-day period for the purpose of carrying out a business activity, the second Member State shall not require any authorisation for exercising such activity other than the long-term residence permit. A third- country national who holds a valid EU long-term residence permit issued by a Member State that does not apply the Schengen acquis in full shall be entitled to enter and stay for the purpose of carrying out a business activity in one or several Member States for up to 90 days in any 180-day period on the basis of the EU long-term residence and a valid travel document. Where the EU long-term resident crosses an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU long- term resident to provide evidence of the business purpose of the stay. The second Member State shall not require any authorisation for exercising the business activity other than the EU long-term residence permit.
Amendment 150 #
Proposal for a directive 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
Amendment 151 #
Proposal for a directive 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
Amendment 152 #
Proposal for a directive 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
Amendment 153 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 3 Amendment 154 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 3 Without prejudice to the second subparagraph, the persons concerned
Amendment 155 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 1 The application shall be accompanied by
Amendment 156 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 2 – introductory part I
Amendment 157 #
Proposal for a directive 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 158 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 2 – point b (b) in case of study or vocational
Amendment 159 #
Proposal for a directive 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 qualifications, in accordance with applicable Union and national law. As regards equal treatment vis-à-vis Union citizens, the second Member State may check the labour market situation when examining an application for residence in that Member State by a long-term EU resident in order to be able to give him/her priority over residence applications that do not already enjoy long-term EU status, without prejudice to the economic activity concerned. Such a check shall not give rise to an increase in the time limit laid down in paragraph 5 of this Article.
Amendment 160 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 3 With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional and occupational diplomas, certificates and other qualifications, in accordance with applicable Union and national law.
Amendment 161 #
Proposal for a directive 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 162 #
Proposal for a directive 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 academic and professional qualifications, in accordance with applicable Union and national law.
Amendment 163 #
Proposal for a directive 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
Amendment 164 #
Proposal for a directive 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
Amendment 165 #
Proposal for a directive Article 18 – paragraph 4 – point c (c) evidence that they have stable and regular resources , also made available by a third party
Amendment 166 #
Proposal for a directive Article 18 – paragraph 4 – point c (c) evidence that they have stable and regular resources , also made available by a third party,
Amendment 167 #
Proposal for a directive Article 21 – paragraph 4 Amendment 168 #
Proposal for a directive 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
Amendment 169 #
Proposal for a directive Article 24 – paragraph 2 – subparagraph 2 Amendment 170 #
Proposal for a directive Article 24 – paragraph 2 – subparagraph 2 Amendment 171 #
Proposal for a directive Article 24 – paragraph 2 – subparagraph 3 Amendment 172 #
Proposal for a directive 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), point
Amendment 173 #
Proposal for a directive 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 174 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 Amendment 175 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 2 Amendment 176 #
Proposal for a directive Article 26 – paragraph 2 2. By way of derogation from Article 4(1)
Amendment 177 #
Proposal for a directive 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
Amendment 178 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 179 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 Amendment 180 #
Proposal for a directive 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 181 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 The second Member State
Amendment 182 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of
Amendment 183 #
Proposal for a directive Article 26 – paragraph 4 Amendment 184 #
Proposal for a directive Article 26 – paragraph 4 Amendment 185 #
Proposal for a directive 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
Amendment 186 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1. Member States shall
Amendment 187 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1. Member States shall
Amendment 188 #
Proposal for a directive 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 (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
Amendment 190 #
Proposal for a directive 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 191 #
Proposal for a directive Article 27 – paragraph 1 – point b a (new) (ba) on rights and procedures related to living and working in another EU member state;
Amendment 192 #
Proposal for a directive 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) (bc) on contact details of relevant civil society organisations;
Amendment 194 #
Proposal for a directive 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 195 #
Proposal for a directive 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 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 31 #
Proposal for a directive - — The European Parliament rejects [the Commission proposal].
Amendment 32 #
Proposal for a directive Recital 4 (4)
Amendment 33 #
Proposal for a directive 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
Amendment 34 #
Proposal for a directive Recital 9 (9)
Amendment 35 #
Proposal for a directive Recital 10 (10) Any period of residence spent by a holder of a
Amendment 36 #
Proposal for a directive Recital 11 (11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance
Amendment 37 #
Proposal for a directive 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
Amendment 38 #
Proposal for a directive Recital 12 (12) Member States should be able to require applicants for EU long-term resident status to comply with
Amendment 39 #
Proposal for a directive 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 matters, under the relevant conditions defined by this Directive. Member States should include a gender-sensitive approach in order to address the specific circumstance, needs and rights of women.
Amendment 40 #
Proposal for a directive 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
Amendment 41 #
Proposal for a directive 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 42 #
Proposal for a directive Recital 20 (20) Professional and occupational qualifications 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
Amendment 43 #
Proposal for a directive Recital 20 (20) Professional
Amendment 44 #
Proposal for a directive Recital 20 (20) Professional qualifications acquired by a third-country national in another Member State should be recognised in
Amendment 45 #
Proposal for a directive Recital 20 (20)
Amendment 46 #
Proposal for a directive Recital 20 (20) Professional
Amendment 47 #
Proposal for a directive Recital 20 (20) Professional qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens.
Amendment 48 #
Proposal for a directive Recital 24 Amendment 49 #
Proposal for a directive Recital 25 Amendment 50 #
Proposal for a directive 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
Amendment 51 #
Proposal for a directive 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. The integration in the Member States of third-country nationals who are long-term EU residents is an essential element that must be accompanied by policies to boost the birth rate in the Union, which are fundamental and a priority owing to the ageing and shrinking active population.
Amendment 52 #
Proposal for a directive 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
Amendment 53 #
Proposal for a directive 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 54 #
Proposal for a directive 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
Amendment 55 #
Proposal for a directive Recital 27 Amendment 56 #
Proposal for a directive 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
Amendment 57 #
Proposal for a directive 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,
Amendment 58 #
Proposal for a directive 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
Amendment 59 #
Proposal for a directive 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
Amendment 60 #
Proposal for a directive 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
Amendment 61 #
Proposal for a directive Recital 30 (30)
Amendment 62 #
Proposal for a directive 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.
Amendment 63 #
Proposal for a directive 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
Amendment 64 #
Proposal for a directive 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
Amendment 65 #
Proposal for a directive 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,
Amendment 66 #
Proposal for a directive 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, no check of the
Amendment 67 #
Proposal for a directive Recital 34 (34)
Amendment 68 #
Proposal for a directive Recital 34 (34) I
Amendment 69 #
Proposal for a directive Recital 34 a (new) (34a) The Commission should set up an IT system containing information on the status of workers, whether employed or self-employed, in order to facilitate exchanges of information between Member States and enable administrative procedures to be completed without additional burdens. Such a system would make it easier to verify that the rights of long-term residents are being respected uniformly in all EU Member States.
Amendment 70 #
Proposal for a directive 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.
Amendment 71 #
Proposal for a directive 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,
Amendment 72 #
Proposal for a directive 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
Amendment 73 #
Proposal for a directive 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
Amendment 74 #
Proposal for a directive 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 (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
Amendment 76 #
Proposal for a directive Recital 40 Amendment 77 #
Proposal for a directive Recital 40 (40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the
Amendment 78 #
Proposal for a directive Recital 41 (41)
Amendment 79 #
Proposal for a directive Recital 41 (41)
Amendment 80 #
Proposal for a directive Recital 41 (41) Third-country nationals should be granted the possibility of acquiring EU long-term resident status
Amendment 81 #
Proposal for a directive 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-
Amendment 82 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) reside in order to pursue studies or
Amendment 83 #
Proposal for a directive Article 3 – paragraph 2 – point b Amendment 84 #
Proposal for a directive Article 3 – paragraph 2 – point e (e) reside solely on temporary grounds such as
Amendment 85 #
Proposal for a directive 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
Amendment 86 #
Proposal for a directive 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
Amendment 87 #
Proposal for a directive 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, w
Amendment 88 #
Proposal for a directive 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
Amendment 89 #
Proposal for a directive 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
Amendment 90 #
Proposal for a directive Article 4 – paragraph 5 – subparagraph 1 Any period of residence spent as a holder of a
Amendment 91 #
Proposal for a directive 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
Amendment 92 #
Proposal for a directive 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
Amendment 93 #
Proposal for a directive Article 5 – paragraph 1 – point a a (new) (aa) By way of derogation to paragraph 1(a) of this article, Member States may consider access to social assistance in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with non-discrimination;
Amendment 94 #
Proposal for a directive 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 95 #
Proposal for a directive 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
Amendment 96 #
Proposal for a directive 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
Amendment 97 #
Proposal for a directive Article 5 – paragraph 2 2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources
Amendment 98 #
Proposal for a directive Article 5 – paragraph 4 4. Where Member States issue national residence permits in accordance with Article 14
Amendment 99 #
Proposal for a directive 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
source: 738.590
2022/12/08
LIBE
306 amendments...
Amendment 134 #
Draft legislative resolution Paragraph 1 1.
Amendment 135 #
Proposal for a directive Recital 3 (3) The
Amendment 136 #
Proposal for a directive Recital 5 (5)
Amendment 137 #
Proposal for a directive Recital 5 (5) The prospect of obtaining EU long- term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international, temporary or other forms of protection in the Member State of residence. Beneficiaries of international, temporary or other forms of protection should therefore be able to obtain EU long- term resident status in the Member State which granted them
Amendment 138 #
Proposal for a directive Recital 5 (5) The prospect of obtaining EU long- term resident status in a Member State after a certain time is an
Amendment 139 #
Proposal for a directive Recital 7 (7) The
Amendment 140 #
Proposal for a directive Recital 7 (7) The main criterion for acquiring the status of EU long-term resident should be the duration of residence in the
Amendment 141 #
Proposal for a directive Recital 8 (8) To prevent the risk of abusive acquisition of EU long-term resident status
Amendment 142 #
Proposal for a directive 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.
Amendment 143 #
Proposal for a directive 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
Amendment 144 #
Proposal for a directive 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
Amendment 145 #
Proposal for a directive 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.
Amendment 146 #
Proposal for a directive Recital 9 (9)
Amendment 147 #
Proposal for a directive Recital 9 a (new) Amendment 148 #
Proposal for a directive Recital 10 (10)
Amendment 149 #
Proposal for a directive 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
Amendment 150 #
Proposal for a directive 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
Amendment 151 #
Proposal for a directive 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
Amendment 152 #
Proposal for a directive 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,
Amendment 153 #
Proposal for a directive 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 154 #
Proposal for a directive Recital 11 (11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance
Amendment 155 #
Proposal for a directive Recital 11 (11) To acquire EU long-term resident
Amendment 156 #
Proposal for a directive Recital 11 a (new) (11a) Member States should be able take into account in the evaluation of the stable and regular resources certain types of social assistance, based on individual circumstances, such as those of people with disabilities, or those unable to work through pregnancy, disability or injury, particularly persons who have suffered work-related injuries, accidents or diseases, as to ensure compliance with the principle of non-discrimination.
Amendment 157 #
Proposal for a directive Recital 12 Amendment 158 #
Proposal for a directive Recital 12 Amendment 159 #
Proposal for a directive Recital 12 Amendment 160 #
Proposal for a directive Recital 12 (12) Member States should be able to require applicants for EU long-term resident status to comply with
Amendment 161 #
Proposal for a directive Recital 12 (12) Member States
Amendment 162 #
Proposal for a directive Recital 12 (12) Member States should be able to
Amendment 163 #
Proposal for a directive Recital 12 a (new) (12a) Compliance with the common values of the Member States and the ability to assimilate are essential criteria for obtaining EU long-term resident status;
Amendment 164 #
Proposal for a directive 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 165 #
Proposal for a directive 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
Amendment 166 #
Proposal for a directive Recital 14 Amendment 167 #
Proposal for a directive Recital 15 (15)
Amendment 168 #
Proposal for a directive Recital 17 Amendment 169 #
Proposal for a directive Recital 17 (17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin or other third countries for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re- acquisition of the EU long-term resident status.
Amendment 170 #
Proposal for a directive Recital 17 (17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 12
Amendment 171 #
Proposal for a directive 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 matters, under the relevant conditions defined by this Directive. Where Member States grant equal treatment to EU long-term residents in economic and social matters or other matters, such as electoral participation, all holders of EU long-term resident status should be treated equally. For this purpose, Member States should not restrict the enjoyment of such benefits by certain holders of EU long-term resident status on the basis of their nationality.
Amendment 172 #
Proposal for a directive Recital 18 (18) I
Amendment 173 #
Proposal for a directive Recital 20 (20) Professional
Amendment 174 #
Proposal for a directive Recital 20 (20) Professional
Amendment 175 #
Proposal for a directive Recital 20 (20) Professional qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens.
Amendment 176 #
Proposal for a directive Recital 21 (21) This Directive should take into account the common standards and procedures in Member States for returning i
Amendment 177 #
Proposal for a directive Recital 22 (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member
Amendment 178 #
Proposal for a directive Recital 22 (22) EU long-term residents should not enjoy reinforced protection against decisions ending their legal stay
Amendment 179 #
Proposal for a directive Recital 22 (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal
Amendment 180 #
Proposal for a directive Recital 23 (23) Decisions ending the legal stay of EU long-term residents
Amendment 181 #
Proposal for a directive Recital 24 Amendment 182 #
Proposal for a directive Recital 24 (24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide,
Amendment 183 #
Proposal for a directive Recital 25 Amendment 184 #
Proposal for a directive Recital 25 (25)
Amendment 185 #
Proposal for a directive 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
Amendment 186 #
Proposal for a directive Recital 26 (26)
Amendment 187 #
Proposal for a directive 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
Amendment 188 #
Proposal for a directive 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
Amendment 189 #
Proposal for a directive Recital 26 (26) In order to promote better integration of EU long-term residents, rules
Amendment 190 #
Proposal for a directive Recital 27 Amendment 191 #
Proposal for a directive Recital 27 Amendment 192 #
Proposal for a directive Recital 27 Amendment 193 #
Proposal for a directive Recital 27 (27)
Amendment 194 #
Proposal for a directive 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
Amendment 195 #
Proposal for a directive Recital 28 (28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long- term residence permit. Such national residence permits should not confer the right to reside in other Member States. However, where a Member Stated decides to grant a national residence permit to a third-country national, the third-country national shall first be offered an EU long- term residence permit in order to facilitate the acquisition of such right.
Amendment 196 #
Proposal for a directive 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
Amendment 197 #
Proposal for a directive Recital 28 (28)
Amendment 198 #
Proposal for a directive Recital 29 (29) Member States sh
Amendment 199 #
Proposal for a directive 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
Amendment 200 #
Proposal for a directive 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
Amendment 201 #
Proposal for a directive 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
Amendment 202 #
Proposal for a directive 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
Amendment 203 #
Proposal for a directive Recital 30 Amendment 204 #
Proposal for a directive 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-
Amendment 205 #
Proposal for a directive Recital 30 (30) Residence of EU long-term
Amendment 206 #
Proposal for a directive Recital 31 (31)
Amendment 207 #
Proposal for a directive Recital 33 Amendment 208 #
Proposal for a directive Recital 34 (34)
Amendment 209 #
Proposal for a directive Recital 34 (34) In order to
Amendment 210 #
Proposal for a directive Recital 35 (35)
Amendment 211 #
Proposal for a directive 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
Amendment 212 #
Proposal for a directive 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
Amendment 213 #
Proposal for a directive Recital 36 (36) Where EU long-term residents
Amendment 214 #
Proposal for a directive 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
Amendment 215 #
Proposal for a directive 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 216 #
Proposal for a directive Recital 37 Amendment 217 #
Proposal for a directive 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
Amendment 218 #
Proposal for a directive 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
Amendment 219 #
Proposal for a directive Recital 38 (38) The Member State in which an EU long-term resident intends to exercise his/her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy,
Amendment 220 #
Proposal for a directive Recital 39 (39) T
Amendment 221 #
Proposal for a directive Recital 40 Amendment 222 #
Proposal for a directive 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
Amendment 223 #
Proposal for a directive Recital 41 (41) Third-country nationals should
Amendment 224 #
Proposal for a directive Recital 41 (41)
Amendment 225 #
Proposal for a directive Recital 42 Amendment 226 #
Proposal for a directive Article 3 – paragraph 2 – point a a (new) (aa) reside in a Member State only by virtue of a residence permit granted on the basis of any kind of investment in a Member State;
Amendment 227 #
Proposal for a directive Article 3 – paragraph 2 – point b (b)
Amendment 228 #
Proposal for a directive Article 3 – paragraph 2 – point c (c)
Amendment 229 #
Proposal for a directive Article 3 – paragraph 2 – point e (e) reside
Amendment 230 #
Proposal for a directive Article 3 – paragraph 2 – point e (e) reside
Amendment 231 #
Proposal for a directive 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 232 #
Proposal for a directive Article 3 – paragraph 2 – point f a (new) (fa) hold or has held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 233 #
Proposal for a directive Article 3 – paragraph 2 – point f a (new) (fa) have a residence permit granted on the basis of any type of investment in a Member State.
Amendment 234 #
Proposal for a directive Article 3 – paragraph 2 – point f b (new) (fb) have a residence permit because of impediments to the enforcement of a return decision, unless the impediments is beyond the applicant's control.
Amendment 235 #
Proposal for a directive Article 4 – paragraph 1 1. Notwithstanding paragraph 3 of this article, Member States
Amendment 236 #
Proposal for a directive 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
Amendment 237 #
Proposal for a directive 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
Amendment 238 #
Proposal for a directive 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
Amendment 239 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. By way of derogation from paragraph 1, Member States may grant EU long-term resident status to vulnerable persons, such as people with disabilities, elderly persons, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected serious forms of psychological, physical or sexual violence, who have resided legally and continuously within their territories for less than three years, based on an assessment of their individual situation, in accordance with the conditions set out in national law
Amendment 240 #
Proposal for a directive Article 4 – paragraph 2 Amendment 241 #
Proposal for a directive 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
Amendment 242 #
Proposal for a directive 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
Amendment 243 #
Proposal for a directive Article 4 – paragraph 3 Amendment 244 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall allow third- country nationals to cumulate periods of legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated
Amendment 245 #
Proposal for a directive 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
Amendment 246 #
Proposal for a directive 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
Amendment 247 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall not grant EU long-term resident status on the basis of international protection in the event of the revocation of
Amendment 248 #
Proposal for a directive Article 4 – paragraph 5 – subparagraph 1 Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union
Amendment 249 #
Proposal for a directive Article 4 – paragraph 5 – subparagraph 1 Any period of residence spent as a holder of a
Amendment 250 #
Proposal for a directive Article 4 – paragraph 5 – subparagraph 2 Regarding persons to whom international protection has been granted,
Amendment 251 #
Proposal for a directive Article 4 – paragraph 5 – subparagraph 2 Regarding persons to whom international, temporary or other forms of protection has been granted,
Amendment 252 #
Proposal for a directive Article 4 – paragraph 6 – subparagraph 1 Periods of absence from the territory of the Member State concerned
Amendment 253 #
Proposal for a directive Article 4 – paragraph 6 – subparagraph 1 Periods of absence from the territory of the Member State concerned shall not interrupt the period referred to in paragraph 1 and shall be taken into account for its calculation where they are shorter than six consecutive months and do not exceed in total 1
Amendment 254 #
Proposal for a directive 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
Amendment 255 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) stable and regular resources
Amendment 256 #
Proposal for a directive 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
Amendment 257 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. By way of derogation from paragraph 1, Member States may consider access to certain types of social assistance in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with the principle non-discrimination;
Amendment 258 #
Proposal for a directive Article 5 – paragraph 1 b (new) 1b. Paragraph 1 shall not apply to a third-country national who has resided legally and continually for a period of ten years prior to lodging his or her applicant for EU long-term resident status.
Amendment 259 #
Proposal for a directive 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
Amendment 260 #
Proposal for a directive Article 5 – paragraph 2 2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective of an actual examination of the situation of each applicant. For the purpose of assessing stable and regular resources, any period of unemployment of less than three months shall not be taken into account.
Amendment 261 #
Proposal for a directive 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,
Amendment 262 #
Proposal for a directive 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
Amendment 263 #
Proposal for a directive Article 5 – paragraph 3 Amendment 264 #
Proposal for a directive Article 5 – paragraph 3 Amendment 265 #
Proposal for a directive Article 5 – paragraph 3 Amendment 266 #
Proposal for a directive 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
Amendment 267 #
Proposal for a directive Article 5 – paragraph 4 4. Where Member States issue national residence permits in accordance with Article 14,
Amendment 268 #
Proposal for a directive Article 5 – paragraph 4 4. Where Member States issue national residence permits in accordance with Article 14, they
Amendment 269 #
Proposal for a directive Article 5 – paragraph 4 4. Where Member States issue national residence permits in accordance with Article 14, they shall
Amendment 270 #
Proposal for a directive 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
Amendment 271 #
Proposal for a directive Article 6 – title 6 Public policy and
Amendment 272 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 Member States may refuse to grant EU long-term resident status
Amendment 273 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 Member States may refuse to grant EU long-term resident status on grounds of
Amendment 274 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 Amendment 275 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 Amendment 276 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 Amendment 277 #
Proposal for a directive Article 6 – paragraph 1 a (new) Amendment 278 #
Proposal for a directive Article 6 – paragraph 2 2. The refusal referred to in paragraph 1
Amendment 279 #
Proposal for a directive Article 7 – paragraph 1 1. To acquire EU long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5
Amendment 280 #
Proposal for a directive Article 7 – paragraph 1 1. To acquire EU long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as
Amendment 281 #
Proposal for a directive 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
Amendment 282 #
Proposal for a directive 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
Amendment 283 #
Proposal for a directive 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 284 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 2 Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in
Amendment 285 #
Proposal for a directive 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
Amendment 286 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 2 Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application
Amendment 287 #
Proposal for a directive Article 7 – paragraph 4 4. Where an application for an EU long-term resident permit concerns a third- country national who holds a national residence permit issued by the same Member State in accordance with Article 14, that Member State shall not require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), if the compliance with those conditions was
Amendment 288 #
Proposal for a directive Article 7 – paragraph 4 4. Where an application for an EU long-term residen
Amendment 289 #
Proposal for a directive Article 7 – paragraph 4 4. Where an application for an EU long-term resident permit concerns a third- country national who holds a national residence permit issued by the same Member State in accordance with Article
Amendment 290 #
Proposal for a directive 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 291 #
Proposal for a directive 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 292 #
Proposal for a directive Article 8 – paragraph 2 2. Member States shall issue an EU long-term residence permit to EU long- term residents. The permit shall be valid at least for five years; it shall
Amendment 293 #
Proposal for a directive Article 8 – paragraph 5 – subparagraph 2 Amendment 294 #
Proposal for a directive Article 8 – paragraph 6 a (new) 6a. The period referred to in Article 7(2) shall be suspended until the authorities have received the reply pursuant to paragraph 5 and 6 of this Article.
Amendment 295 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) detection of fraudulent acquisition of EU long-term resident status or through bribery;
Amendment 296 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) adoption of a decision ending the legal stay under the conditions provided for in
Amendment 297 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) in the event of absence from the territory of the Union for a period of 12
Amendment 298 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) in the event of absence from the
Amendment 299 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) in the event of absence from the territory of the Union for a period of
Amendment 300 #
Proposal for a directive Article 9 – paragraph 1 – point c a (new) (ca) in the event of repeated criminal activity in one or more Member States, other than that Member State granting the status of long term residency.
Amendment 301 #
Amendment 302 #
Proposal for a directive Article 9 – paragraph 2 2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 12
Amendment 303 #
Proposal for a directive Article 9 – paragraph 2 2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or
Amendment 304 #
Proposal for a directive Article 9 – paragraph 3 Amendment 305 #
Proposal for a directive Article 9 – paragraph 3 3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the
Amendment 306 #
Proposal for a directive Article 9 – paragraph 3 3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed
Amendment 307 #
Proposal for a directive Article 9 – paragraph 3 3. Member States may provide that the
Amendment 308 #
Proposal for a directive Article 9 – paragraph 4 Amendment 309 #
Proposal for a directive Article 9 – paragraph 4 4. Member States may withdraw the EU long-term resident status in the event of the revocation of
Amendment 310 #
Proposal for a directive Article 9 – paragraph 5 – subparagraph 2 In any case after
Amendment 311 #
Proposal for a directive Article 9 – paragraph 5 – subparagraph 2 In any case after six
Amendment 312 #
Proposal for a directive Article 9 – paragraph 5 – subparagraph 3 By way of derogation from the second subparagraph, the Member State concerned may provide that for specific reasons the EU long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding
Amendment 313 #
Proposal for a directive Article 9 – paragraph 6 – subparagraph 2 In those cases, Member States
Amendment 314 #
Proposal for a directive Article 9 – paragraph 6 – subparagraph 3 Amendment 315 #
Proposal for a directive Article 9 – paragraph 6 – subparagraph 3 Amendment 316 #
Proposal for a directive Article 9 – paragraph 6 – subparagraph 3 Member States
Amendment 317 #
Proposal for a directive Article 9 – paragraph 7 7. The expiry of an EU long-term residence permit shall
Amendment 318 #
Proposal for a directive Article 9 – paragraph 8 Amendment 319 #
Proposal for a directive Article 9 – paragraph 8 8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and
Amendment 320 #
Proposal for a directive Article 10 – paragraph 1 1.
Amendment 321 #
Proposal for a directive Article 10 – paragraph 2 2. Where an application for EU long- term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right
Amendment 322 #
Proposal for a directive Article 10 – paragraph 2 2. Where an application for EU long- term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall not have the right to mount a legal challenge in the Member State concerned.
Amendment 323 #
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate
Amendment 324 #
Proposal for a directive Article 11 – paragraph 2 Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long- term resident applicants to pay higher fees than those imposed on applicants for national residence permits. In the case where the applicant requests both, a national residence permit and a EU long- term resident permit, the fee applied for the processing of one permit, shall cover both applications;
Amendment 325 #
Proposal for a directive Article 11 – paragraph 2 Where Member States issue national residence permits in accordance with Article 14, they shall
Amendment 326 #
Proposal for a directive Article 12 – paragraph 1 – introductory part 1. EU long-term residents
Amendment 327 #
Proposal for a directive 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 328 #
Proposal for a directive Article 12 – paragraph 1 – point a (a) access to employment and self- employed activity,
Amendment 329 #
Proposal for a directive Article 12 – paragraph 1 – point b (b) education and
Amendment 330 #
Proposal for a directive Article 12 – paragraph 1 – point c (c) recognition of professional
Amendment 331 #
Proposal for a directive Article 12 – paragraph 1 – point c (c)
Amendment 332 #
Proposal for a directive Article 12 – paragraph 1 – point d Amendment 333 #
Proposal for a directive Article 12 – paragraph 1 – point f (f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing
Amendment 334 #
Proposal for a directive 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
Amendment 335 #
Proposal for a directive Article 12 – paragraph 1 – point g (g) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 336 #
Proposal for a directive Article 12 – paragraph 2 2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident, or that of family members for whom he/she claims benefits, lies within the territory of the Member State concerned.
Amendment 337 #
Proposal for a directive 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 338 #
Proposal for a directive Article 12 – paragraph 3 – point b (b) Member States may require proof of appropriate language proficiency for access to tertiary education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.
Amendment 339 #
Proposal for a directive Article 12 – paragraph 3 a (new) 3a. Member States may limit equal treatment in respect of social assistance and social protection to core benefits.
Amendment 340 #
Proposal for a directive Article 12 – paragraph 4 4. As far as the Member State which granted international protection is concerned, paragraph
Amendment 341 #
Proposal for a directive Article 12 – paragraph 7 7. Where Member States issue national residence permits in accordance with Article 14,
Amendment 342 #
Proposal for a directive Article 12 – paragraph 7 a (new) Amendment 343 #
Proposal for a directive Article 13 – paragraph 1 1. Member States may take a decision ending the legal stay of an EU long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or
Amendment 344 #
Proposal for a directive 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 345 #
Proposal for a directive Article 13 – paragraph 2 2. The decision referred to in paragraph 1
Amendment 346 #
Proposal for a directive Article 13 – paragraph 3 – introductory part 3. Before taking a decision to end the legal stay of an EU long-term resident,
Amendment 347 #
Proposal for a directive Article 13 – paragraph 3 – introductory part 3. Before taking a decision to end the legal stay of an EU long-term resident, Member States
Amendment 348 #
Proposal for a directive Article 13 – paragraph 3 – point a (a) the duration of residence in their territory and the periods of absence as provided in paragraphs 1 and 2 of Article 9;
Amendment 349 #
Amendment 350 #
Proposal for a directive Article 13 – paragraph 3 – point c (c) the consequences for the person concerned and family members, taking into account, in particular, the best interests of the child;
Amendment 351 #
Proposal for a directive Article 13 – paragraph 3 – point d (d) social, cultural and family links with the country of residence or the absence of links with the country of origin.
Amendment 352 #
Proposal for a directive Article 13 – paragraph 3 – point d a (new) (da) where applicable, the seriousness and type of criminal activity or the danger for repetitive criminal activity
Amendment 353 #
Proposal for a directive Article 13 – paragraph 6 Amendment 354 #
Proposal for a directive Article 13 – paragraph 6 Amendment 355 #
Proposal for a directive 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 356 #
Proposal for a directive Article 13 – paragraph 7 7. Where a decision ending the legal stay of an EU long-term resident has been adopted,
Amendment 357 #
Proposal for a directive Article 13 – paragraph 8 Amendment 358 #
Proposal for a directive Article 14 – paragraph 1 This Directive is without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit issued in accordance with this Directive . Such residence permits shall not confer the right of residence in the other Member States as provided by Chapter III of this Directive. Where Member States issue national residence permits of permanent or unlimited validity, they shall grant third- country nationals to whom they issue the EU long-term resident status the same rights, procedural safeguards and advantages as those granted to third- country nationals to whom they have issued such national residence permits of permanent or unlimited validity, where such rights, safeguards and advantage are more favourable under the national permit. Where Member States decides to grant a national residence permit to a third- country national, the third-country national shall first be offered an EU long- term residence permit. Where a third-country national already holds a national permanent residence permit in accordance with this Article, and applies for an EU long-term residence permit in the same Member State, the Member State in question shall automatically grant an EU long-term resident status to the person concerned.
Amendment 359 #
Proposal for a directive Article 15 Amendment 360 #
Proposal for a directive Article 15 – paragraph 1 1. The children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her 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. In case of adoptions, to automatically obtain the EU long-term resident status, it shall be required that the person has never resided irregularly in any Member State.
Amendment 361 #
Proposal for a directive Article 15 – paragraph 1 1. The dependent children of an
Amendment 362 #
Proposal for a directive Article 15 – paragraph 1 1.
Amendment 363 #
Proposal for a directive Article 15 – paragraph 1 1.
Amendment 364 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. By way of derogation from Article 15(1) and (3) of Directive2003/86/EC, Member States shall grant autonomous EU long-term residence permit to family members of an EU long-term resident, upon application, after one year of legal and continuous residence in the territory of the Member State concerned.
Amendment 365 #
Proposal for a directive Article 15 – paragraph 2 Amendment 366 #
Proposal for a directive Article 15 – paragraph 2 2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may not be applied
Amendment 367 #
Proposal for a directive Article 15 – paragraph 3 Amendment 368 #
Proposal for a directive 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
Amendment 369 #
Proposal for a directive 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 370 #
Proposal for a directive Article 15 – paragraph 4 4. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market in relation to family members.
Amendment 371 #
Proposal for a directive Article 15 – paragraph 4 4.
Amendment 372 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5a. If it is established that an adoption was for the sole purpose of the obtaining long-term resident status for the adoptee in breach of the law, the long-term resident’s legal stay shall be terminated and removal procedures shall be initiated, without prejudice to the right to administrative remedies provided for in this Directive.
Amendment 373 #
Proposal for a directive Article 16 – paragraph 2 – point b (b) pursuit of studies or
Amendment 374 #
Proposal for a directive Article 16 – paragraph 3 – subparagraph 2 Amendment 375 #
Proposal for a directive 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
Amendment 376 #
Proposal for a directive Article 17 – paragraph 2 – point a (a) stable and regular resources
Amendment 377 #
Proposal for a directive Article 17 – paragraph 2 – point b a (new) (ba) Member States may consider access to social assistance provided by the Member State in the evaluation of the stable and regular resources, based on individual circumstances, to ensure compliance with non-discrimination;
Amendment 378 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 1 Amendment 379 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 1 Amendment 380 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 1 Amendment 381 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 2 Amendment 382 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 2 Amendment 383 #
Amendment 384 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 3 Amendment 385 #
Proposal for a directive 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 386 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 3 Amendment 387 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 3 Without prejudice to the second subparagraph, the persons concerned
Amendment 388 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 1 The application shall be accompanied by
Amendment 389 #
Proposal for a directive 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 390 #
Proposal for a directive Article 17 – paragraph 4 – subparagraph 2 – point b (b) in case of study or
Amendment 391 #
Proposal for a directive 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
Amendment 392 #
Proposal for a directive 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 5.
Amendment 394 #
Proposal for a directive Article 17 – paragraph 5 5. The EU long-term resident shall be allowed to commence work or study in the second Member State no
Amendment 395 #
Proposal for a directive Article 18 – paragraph 2 2. When the EU long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family present in the first Member State, other than those referred to in Article 4(1) of Directive 2003/86/EC,
Amendment 396 #
Proposal for a directive Article 18 – paragraph 4 – point c Amendment 397 #
Proposal for a directive Article 18 – paragraph 5 5. Where the family was not already constituted in the first Member State,
Amendment 398 #
Proposal for a directive Article 19 – title 19 Public policy and
Amendment 399 #
Proposal for a directive Article 19 – paragraph 1 – subparagraph 1 Member States may refuse applications for residence from EU long-term residents or their family members where the person concerned constitutes a threat to public policy or
Amendment 400 #
When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or
Amendment 401 #
Proposal for a directive Article 19 – paragraph 1 – subparagraph 2 Amendment 402 #
Amendment 403 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 1 The competent national authorities shall take a decision on the application and notify the applicant in writing as soon as possible but not later than
Amendment 404 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 2 a (new) Amendment 405 #
Proposal for a directive Article 21 – paragraph 2 2. If the conditions provided for in Articles 16, 17 and 18 are met, then, subject to the provisions relating to public policy
Amendment 406 #
Proposal for a directive 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
Amendment 407 #
Proposal for a directive Article 23 – paragraph 2 2. Where an application for a residence permit is rejected, or the permit is not renewed or is withdrawn, the person concerned shall have the right to
Amendment 408 #
Proposal for a directive Article 24 – paragraph 2 – subparagraph 2 Amendment 409 #
Proposal for a directive 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
Amendment 410 #
Proposal for a directive Article 24 – paragraph 2 – subparagraph 2 Amendment 411 #
Proposal for a directive Article 24 – paragraph 2 – subparagraph 3 Amendment 412 #
Proposal for a directive 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), point
Amendment 413 #
Proposal for a directive 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 414 #
Proposal for a directive Article 25 – paragraph 1 – introductory part 1. Until the third-country national has
Amendment 415 #
Proposal for a directive Article 25 – paragraph 1 – introductory part 1.
Amendment 416 #
Proposal for a directive Article 25 – paragraph 1 – point a (a) on grounds of public policy or
Amendment 417 #
Proposal for a directive Article 25 – paragraph 1 – point b a (new) (ba) where the third country national is not lawfully residing in the Member State concerned.
Amendment 418 #
Proposal for a directive Article 25 – paragraph 2 a (new) Amendment 419 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 Amendment 420 #
Proposal for a directive Article 25 – paragraph 3 – subparagraph 1 Unless, in the meantime, the international protection has been withdrawn
Amendment 421 #
Proposal for a directive Article 25 – paragraph 4 a (new) 4a. The obligation to take back shall also apply for such criminal activities as set out in Article 9 c.
Amendment 422 #
Proposal for a directive Article 26 – paragraph 1 1. Upon application, the second Member State shall grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles
Amendment 423 #
Proposal for a directive Article 26 – paragraph 1 1. Upon application, the second Member State
Amendment 424 #
Proposal for a directive Article 26 – paragraph 2 2. By way of derogation from Article 4(1)
Amendment 425 #
Proposal for a directive Article 26 – paragraph 2 2. By way of derogation from Article 4(1), and
Amendment 426 #
Proposal for a directive Article 26 – paragraph 2 a (new) 2a. For the purpose of the application referred to in paragraph 2, the applicant shall submit the valid EU long-term residence permit issued by the first Member State or a certified copy thereof.
Amendment 427 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 1 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
Amendment 428 #
Proposal for a directive Article 26 – paragraph 3 – subparagraph 2 The second Member State may decide to confer entitlement to such assistance to EU long-term residents prior to the completion of
Amendment 429 #
Proposal for a directive 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 430 #
Proposal for a directive Article 26 – paragraph 4 Amendment 431 #
Proposal for a directive Article 26 – paragraph 4 Amendment 432 #
Proposal for a directive 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 433 #
Proposal for a directive Article 27 – paragraph 1 – introductory part 1. Member States shall make easily accessible
Amendment 434 #
Proposal for a directive 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
Amendment 435 #
Proposal for a directive Article 27 – paragraph 1 – point b a (new) (ba) on rights and procedures related to living and working in second Member State
Amendment 436 #
Proposal for a directive Article 27 – paragraph 2 2. Where Member States issue national residence permits in accordance with Article 14, they shall ensure the same access to information on the EU long-term resident permit as the one provided with respect to such national residence permits. Information regarding the EU long-term resident permit shall be made available during the application process for a national residence permit. Member States shall ensure accessibility to information for persons with disabilities
Amendment 437 #
Proposal for a directive Article 28 Amendment 438 #
Proposal for a directive 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,
Amendment 439 #
Proposal for a directive Article 29 – paragraph 1 source: 739.731
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History
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