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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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ENERGY

How European countries are spending billions on easing energy crisis

European governments are announcing emergency measures on a near-weekly basis to protect households and businesses from the energy crisis stemming from Russia's war in Ukraine.

How European countries are spending billions on easing energy crisis

Hundreds of billions of euros and counting have been shelled out since Russia invaded its pro-EU neighbour in late February.

Governments have gone all out: from capping gas and electricity prices to rescuing struggling energy companies and providing direct aid to households to fill up their cars.

The public spending has continued, even though European Union countries had accumulated mountains of new debt to save their economies during the Covid pandemic in 2020.

But some leaders have taken pride at their use of the public purse to battle this new crisis, which has sent inflation soaring, raised the cost of living and sparked fears of recession.

After announcing €14billion in new measures last week, Italian Prime Minister Mario Draghi boasted the latest spending put Italy, “among the countries that have spent the most in Europe”.

The Bruegel institute, a Brussels-based think tank that is tracking energy crisis spending by EU governments, ranks Italy as the second-biggest spender in Europe, after Germany.

READ ALSO How EU countries aim to cut energy bills and avoid blackouts this winter

Rome has allocated €59.2billion since September 2021 to shield households and businesses from the rising energy prices, accounting for 3.3 percent of its gross domestic product.

Germany tops the list with €100.2billion, or 2.8 percent of its GDP, as the country was hit hard by its reliance on Russian gas supplies, which have dwindled in suspected retaliation over Western sanctions against Moscow for the war.

On Wednesday, Germany announced the nationalisation of troubled gas giant Uniper.

France, which shielded consumers from gas and electricity price rises early, ranks third with €53.6billion euros allocated so far, representing 2.2 percent of its GDP.

Spending to continue rising
EU countries have now put up €314billion so far since September 2021, according to Bruegel.

“This number is set to increase as energy prices remain elevated,” Simone Tagliapietra, a senior fellow at Bruegel, told AFP.

The energy bills of a typical European family could reach €500 per month early next year, compared to €160 in 2021, according to US investment bank Goldman Sachs.

The measures to help consumers have ranged from a special tax on excess profits in Italy, to the energy price freeze in France, and subsidies public transport in Germany.

But the spending follows a pandemic response that increased public debt, which in the first quarter accounted for 189 percent of Greece’s GDP, 153 percent in Italy, 127 percent in Portugal, 118 percent in Spain and 114 percent in France.

“Initially designed as a temporary response to what was supposed to be a temporary problem, these measures have ballooned and become structural,” Tagliapietra said.

“This is clearly not sustainable from a public finance perspective. It is important that governments make an effort to focus this action on the most vulnerable households and businesses as much as possible.”

Budget reform
The higher spending comes as borrowing costs are rising. The European Central Bank hiked its rate for the first time in more than a decade in July to combat runaway inflation, which has been fuelled by soaring energy prices.

The yield on 10-year French sovereign bonds reached an eight-year high of 2.5 percent on Tuesday, while Germany now pays 1.8 percent interest after boasting a negative rate at the start of the year.

The rate charged to Italy has quadrupled from one percent earlier this year to four percent now, reviving the spectre of the debt crisis that threatened the eurozone a decade ago.

“It is critical to avoid debt crises that could have large destabilising effects and put the EU itself at risk,” the International Monetary Fund warned in a recent blog calling for reforms to budget rules.

The EU has suspended until 2023 rules that limit the public deficit of countries to three percent of GDP and debt to 60 percent.

The European Commission plans to present next month proposals to reform the 27-nation bloc’s budget rules, which have been shattered by the crises.

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