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EUROPEAN UNION

Why it may get easier for non-EU citizens to move to another European Union country

Non-EU citizens living in the European Union, including Britons who moved both before and after Brexit, are eligible for a special residence status that could allow them to move to another EU country. Getting the permit is not straightforward but may get easier, explains Claudia Delpero.

Why it may get easier for non-EU citizens to move to another European Union country
The European Union flag flutters in the breeze with the landmark Television Tower (Fernsehturm) in the background, in Berlin's Mitte district on April 19, 2021. (Photo by David GANNON / AFP)

Residence rules for non-EU nationals are still largely decided by national governments.

In 2001 the European Commission made an attempt to set common conditions for all ‘third country nationals’ moving to the EU for work. But EU governments rejected the proposals.

The result was a series of EU laws addressing separately the status of highly skilled employees who are paid more than average and their families, scientific researchers and students, seasonal workers and intra-corporate transferees (employees transferred within a company). There are also common rules for non-EU family members of EU citizens.

But otherwise national rules apply. The majority of non-EU citizens who apply for residency in a European Union country are only allowed to live and work in the country they apply

But under EU law, non-EU citizens who live in the EU on a long-term basis can get the right to move for work to other EU countries if they manage to obtain EU “long-term resident” status.

This is effectively the same right that EU citizens have but is not the same as freedom of movement that comes with being an EU citizen.

The directive might not that well known to Britons, who due to Brexit have had to secure their residency rights in the country where they lived, but might be better known to nationals of other third countries.

READ ALSO: Which EU countries grant citizenship to the most people?

This EU status is possible if the person:

  • has lived ‘legally’ in an EU country for at least five years,
  • has not been away for more than 6 consecutive months and 10 months over the entire period
  • can prove to have “stable and regular economic resources to support themselves and their family,” without relying on social assistance, and health insurance.
  • Some countries may also require to prove a “level of integration”.

The residence permit obtained in this way is valid for at least five years and is automatically renewable. But the long-term residence status can be lost if the holder is away from the EU for more than one year. 

The purpose of these measures was to “facilitate the integration” of non-EU citizens who are settled in the EU ensuring equal treatment and some free movement rights. 

But is this status easy for non- EU nationals to get in reality?

Around 3.1 million third country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one.

But only few long-term non-EU residents have exercised the right to move to other EU countries,

One of the problems, the report says, is that most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one.

The procedures to apply are complex and national administrations often lack the knowledge or do not communicate with each other. Some countries still require employers to prove they could not find candidates in the local market before granting a long term residence permit to a non-EU citizen, regardless of their status.

Could it get easier?

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

In 2021, the European Parliament voted through a resolution saying that third country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

It will likely take months if not years to agree new rules with EU governments. And then there’s the question of putting them into practice.

What about for Brexit Brits?

British citizens who live in the EU may be asking ‘couldn’t we apply for this before Brexit and can we apply now’?

Some may well have applied before Brexit, but the reality was they still needed to secure their rights after their country left the EU under the Withdrawal Agreement. For many that has meant applying for a compulsory post-Brexit residency card.

Britons covered by the Brexit agreement have their residence rights secured only in the country where they lived before Brexit. In fact, they may be in a worse situation than non-EU citizens with a long-term residence permit, Jane Golding, former co-chair of the British in Europe coalition said.

“We have had the example of a British student who grew up in Poland. She wanted to study in the Netherlands and in principle would have had to pay international fees as a withdrawal agreement beneficiary. Her Ukrainian boyfriend, who has been in Poland for more than five years and has acquired long-term residence as a third country national, has mobility rights and the right to home fees,” she told Europe Street News.

But the European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for long-term residence too, in addition to their post-Brexit status, thus re-gaining the right to move to another EU country. Although again it shouldn’t be equated with freedom of movement and applying for the status will likely be an arduous task.

This law and its revision will also concern British citizens who will move to the EU in the future.

This article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

 

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DRIVING

COMPARE: Which countries in Europe have the strictest drink-drive limits?

Certain countries around Europe have stricter policies than others regarding drinking and driving and harsher punishments for those caught exceeding legal limits. Here's what you need to know.

COMPARE: Which countries in Europe have the strictest drink-drive limits?

European countries set their own driving laws and speed limits and it’s no different when it comes to legal drink-drive limits.

While the safest thing to do of course, is to drink no alcohol at all before driving it is useful to know what the limit is in the country you are driving in whether as a tourist or as someone who frequently crosses European borders by car for work.

While some countries, such as the Czech Republic, have zero tolerance for drinking and driving, in others people are allowed to have a certain amount of alcohol in their blood while driving.

However, not only can the rules be different between countries, they are usually stricter for commercial (or bus) drivers and novice drivers as well. Besides that, the blood alcohol concentration (BAC) is extremely difficult to estimate, so the old “one beer is ok” standards no longer safely apply.

In the end, the only way to be safe is to avoid consuming alcohol before driving. Any amount will slow reflexes while giving you dangerous higher confidence. According to the UK’s National Health Service, there is no ‘safe’ drinking level.

How is blood alcohol level measured?

European countries mostly measure blood alcohol concentration (BAC), which is the amount, in grams, of alcohol in one litre of blood.

After alcohol is consumed, it will be absorbed fast from the stomach and intestine to the bloodstream. There, it is broken down by a liver-produced enzyme.

Each person will absorb alcohol at their own speed, and the enzyme will also work differently in each one.

The BAC will depend on these metabolic particularities as well as body weight, gender, how fast and how much the person drank, their age and whether or not (and how much) they have eaten, and even stress levels at the time.

In other words there are many things that may influence the alcohol concentration.

The only way to effectively measure BAC is by taking a blood test – even a breathalyser test could show different results. Still, this is the measuring unit used by many EU countries when deciding on drinking limits and penalties for drivers.

Here are the latest rules and limits.

Austria, Denmark, France, Germany, Italy, Spain, Switzerland, Greece, Netherlands, Belgium, Portugal, and Croatia

In most EU countries, the limit is just under 0.5g/l for standard drivers (stricter rules could be in place for novice or professional drivers).

This could be exceeded by a man with average weight who consumed one pint of beer (containing 4.2% alcohol) and two glasses of red wine (13% alcohol) while having dinner.

If a person is caught driving with more than 0.8g/l of blood alcohol content in Austria, they can pay fines of up to € 5,900 and to have their license taken for one year in some cases.

In France, if BAC exceeds 0.8g/l, they could end up with a 2-year jail sentence and a € 4,500 fine. In Germany, penalties start at a € 500 fine and a one-month license suspension. In Greece, drunk drivers could face up to years of imprisonment.

In Denmark, first time offenders are likely to have their licences suspended and could be required to go on self-paid alcohol and traffic courses if BAC levels are low. Italy has penalties that vary depending on whether or not the driver has caused an accident and could lead to car apprehension, fines and prison sentences.

In Spain, going over a 1.2g/l limit is a criminal offence that could lead to imprisonment sentences and hefty fines. 

Norway, Sweden, and Poland

In Norway, Sweden, and Poland, the limit for standard drivers is 0.2g/l. It could take a woman with average weight one standard drink, or one can of beer, to reach that level.

Penalties in Norway can start at a one month salary fine and a criminal record. In Poland, fines are expected if you surpass the limit, and you could also have your license revoked and receive a prison sentence.

Czech Republic, Hungary, and Slovakia

The Czech Republic, Hungary, and Slovakia have one of the strictest rules in the European Union. There is no allowed limit of alcohol in the blood for drivers.

In the Czech Republic, fines start at € 100 to € 800, and a driving ban of up to one year can be instituted for those driving with a 0.3 BAC level. However, the harshest penalties come if the BAC level surpasses 1 g/l, fines can be up to € 2,000, and drivers could be banned from driving for 10 years and imprisoned for up to three years.

This is intended to be a general guide and reference. Check the current and specific rules in the country you plan to travel to. The easiest and best way to be safe and protect yourself and others is to refrain from drinking alcohol and driving.

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