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Permanent residency
Not to be confused with Right of abode, Legal residence, or Tax residence.
For other uses, see Permanent residence (disambiguation).
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Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where he or she has the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).[1]
Sample of a 2017 permanent resident card (green card) of the United States, which grants its holder the right to permanently reside anywhere in the country similar to that of all other Americans. Before a person can become a U.S. citizen, he or she must be a green card holder for at least 5 years and satisfy all other naturalization requirements.[1][2]
Permanent residency itself is distinct from right of abode, which waives immigration control for such persons. Persons having permanent residency still require immigration control if they do not have right of abode. However, a right of abode automatically grants people permanent residency. This status also gives work permit in most cases.[1] In many western countries, the status of permanent resident confers a right of abode upon the holder despite not being a citizen of the particular country.
Countries with permanent residency systems
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Not every country allows permanent residency. Rights and application may vary widely.
All European Union countries have a facility for someone to become a permanent resident, as EU legislation allows an EU national who moves to another EU country to attain permanent resident status after residing there for five years. The European Union also sets out permanent residency rights for long-term resident third country nationals under directive (2003/109/EC). A novel approach was the granting of rights across the national borders of states adhering to the directive.
As Hong Kong and Macau, both special administrative regions of China, do not have their own citizenship laws, the term "permanent residents" refer to persons with the right of abode in these territories. Most permanent residents of Chinese descent are Chinese citizens according to Chinese nationality law.
Other countries have varying forms of such residency and relationships with other countries with regards to permanent residency.
Japanese permission for permanent residence issued in 2011 on a French passport.
The regions that have some type of permanent resident status include:
Other forms of permanent residency
However, for voting, being voted and working for the public sector or the national security in a country, citizenship of the country concerned is almost always required.[citation needed]
Golden Visas
A "golden visa" is a permanent residency visa issued to individuals who invest, often through the purchase of property, a certain sum of money into the issuing country. Dating back to the 1980s, golden visas became much more popular and available in the 21st century. Golden visas require investments of anywhere from $100,000 in Dominica up to £2,000,000 in the U.K. The most common method for obtaining a golden visa is through the purchase of real estate with a minimum value.[15] Some countries such as Malta and Cyprus also offer "golden passports" (citizenship) to individuals if they invest a certain sum.[16]
The issuing of so-called "golden visas" has sparked controversy in several countries.[17][18]
Limitations of permanent residents
Depending on the country, permanent residents usually have the same rights as citizens except for the following:
Obligations of permanent residents
Permanent residents may be required to fulfill specific residence obligations to maintain their status. In some cases, permanent residency may be conditional on a certain type of employment or maintenance of a business.
Many countries have compulsory military service for citizens. Some countries, such as Singapore, extend this to permanent residents. However, in Singapore, most first generation permanent residents are exempted, and only their sons are held liable for national service.[22]
In a similar approach, the United States has Selective Service, a compulsory registration for military service, which is required of all male citizens and permanent residents ages 18 to 26; this requirement theoretically applies even to those residing in the country illegally.[23] Applications for citizenship may be denied or otherwise impeded if the applicant cannot prove having complied with this requirement.
Permanent residents may be required to reside in the country offering them residence for a given minimum length of time (as in Australia and Canada). Permanent residents may lose their status if they stay outside their host country for more than a specified period of time (as in the United States).
Permanent residents have the same obligations as citizens regarding taxes.
Loss of status
Permanent residents may lose their status if they fail to comply with residency or other obligations imposed on them. For example:
Access to citizenship
Usually permanent residents may apply for citizenship by naturalization after a period of permanent residency (typically five years) in the country concerned. Dual citizenship may or may not be permitted.
In many nations an application for naturalization can be denied on character grounds, sometimes allowing people to reside in the country (as non-domiciled) but not become citizens. In the United States the residency requirements for citizenship are normally five years, even though permanent residents who have been married to a US citizen for three years or more may apply in three years. Those who have served in the armed forces may qualify for an expedited process allowing citizenship after only one year, or even without any residence requirement.[24]
Golden Passports
Since the 1990s, in addition to golden visas some countries have begun to offer golden passports to foreign nationals who invest (often through the purchase of property) a certain sum into the issuing country's economy.[25] The issuing of EU passports by Malta and Cyprus has sparked controversy but is expected to produced billions of euros in revenue for the issuing countries.[26]
Automatic entitlement
Full permanent residence rights are granted automatically between the following:
In some cases (e.g., the member states of the European Union) citizens of participating countries can live and work at will in each other's states, but don't have a status fully equivalent to that of a permanent resident. In particular, under the Trans-Tasman Travel Arrangement, Australia and New Zealand grant each other's citizens the right to reside permanently and work in each country; however, the rights and entitlements of New Zealanders living in Australia under this arrangement (the so-called Special Category Visa) are somewhat short of those of Australian permanent residents, in particular with respect to unemployment benefits and similar benefits.
Proof of permanent residency
People who are granted permanent residency in a country are usually issued some sort of documentary evidence as legal proof of this status. In the past, many countries merely stamped the person's passport indicating that the holder was admitted as a permanent resident or that he/she was exempt from immigration control and permitted to work without restriction. Other countries would issue a photo ID card, place a visa sticker or certificate of residence in the person's passport, or issue a letter to confirm their permanent resident status.
In Australia and New Zealand, a printout of permanent residence visa or resident visa is stuck to a page of the permanent resident's passport. (On 1 September 2015, Australia ceased issuing visa labels to holders of Australian visas.)[27]
In Canada, permanent residents are issued a photo ID card known as Permanent Resident Card. They are also given an official document called a Confirmation of Permanent Residence or Record of Landing on the day that permanent resident status is conferred.
In Costa Rica, permanent residents are issued a photo ID card commonly referred to as a "cedula".
In the countries of the European Union, residency permits are a photo ID card following a common EU design.
In Germany, resident permits (Aufenthaltstitel) have been issued as photo ID cards following a common EU design since 1 September 2011. Prior to that date, residence permits were stickers (similar to visas) which were affixed to the resident's passport.
In Ghana, permanent residents are issued an Indefinite Residence permit which is in the form of a sticker attached into the resident's passport.
In Hong Kong, permanent residents are issued a Hong Kong Permanent Identity Card.
In Japan and South Korea, all resident foreigners are issued a residence card, and for permanent residents this status is indicated.
In Lithuania, permanent residents are issued a photo ID (Leidimas gyventi) following a common EU design.
In Macau, permanent residents are issued a Macao Permanent Resident Identity Card (Bilhete de Identidade de Residente Permanente).
In Malaysia, permanent residents are issued with a MyPR card similar to the MyKad issued to Malaysian citizens, the difference being the colour (red instead of blue) and additional information stating the cardholder's country of origin.
In Singapore, permanent residents are issued a blue identity card with their photograph, thumb print and other personal particulars similar to citizen's pink identity card
In Slovakia, permanent residents were used to issued a red photo ID. Slovakia has switched to common EU design since 2011.
In South Africa, permanent residents who have their passport endorsed, are issued a certificate and a standard national green identity book showing "NON S.A. CITIZEN".[28]
In Switzerland, permanent residents are issued either a biometric ID card in accordance with Schengen regulations if they are non EU/EFTA national, or a paper permit in a yellow-coloured plastic wallet if they are an EU/EFTA national.
In the Republic of China (Taiwan), permanent residents are issued a blue photo ID card (APRC). A separate open work permit can also be issued to permanent residents allowing them to accept employment in any non-governmental positions for which they are qualified.
In the United Kingdom, the applicant is issued with a photo ID card known as a Biometric Residence Permit which states that the permit is a Settlement permit for Indefinite Leave to Remain.[29][30]
In the United States, permanent residents are non-citizens issued a photo ID card which is known as a Permanent Resident Card (or simply as a "green card").[2][1] Federal law requires that the card be carried on the person at all times.
Brexit
This section needs to be updated. Please update this article to reflect recent events or newly available information. (October 2020)
It has been planned that the no deal Brexit will/should offer some British the possibility to apply for a "Brexit" card in Poland.[31]
See also
References
  1. ^ a b c d e "Lawful Permanent Residents (LPR)". U.S. Dept. of Homeland Security (DHS). October 2, 2018. Retrieved 2018-10-17. See also 8 U.S.C. § 1101(a)(20) ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant, such status not having changed."); Landon v. Plasencia,
    This article incorporates text from this source, which is in the public domain. 459 U.S. 21, 32 (1982) ("As we explained... once an alien gains admission to our country and begins to develop the ties that go with permanent residence, his constitutional status changes accordingly.").
  2. ^ a b "Green Card". U.S. Citizenship and Immigration Services (USCIS). February 22, 2018. Retrieved 2018-10-17.
  3. ^ For details, see the Unofficial translation of the “Administrative Measures for Treatment of Foreigners Residing Permanently in China”Archived 2013-08-07 at the Wayback Machine, 2012-12-18
  4. ^ "Chinese 'green card': Who got it and how to get it". China Daily. 2018-06-20. Retrieved 2019-12-21.
  5. ^ "Sedula Curaçao". Vergunning Curaçao (in Dutch). Retrieved 29 April 2020.
  6. ^ "Finnish Immigration Service: Fact Sheet:Redidence permit for Finland Other than EU/EAA citizen (pdf)". migri.fi.
  7. ^ "Étranger en France : carte de résident de 10 ans". service-public.fr. Archived from the original on 2010-02-15.
  8. ^ [1] Archived December 16, 2009, at the Wayback Machine
  9. ^ "Want to apply: Permanent residence - UDI". udi.no.
  10. ^ "Dirección Nacional de Migración y Naturalización". 2 January 2007. Archived from the original on 2 January 2007.
  11. ^ [2]
  12. ^​https://portal.moi.gov.qa/wps/portal/MOIInternet/departmentcommittees/permanentresidency
  13. ^ Permit C (settlement permit) – Federal Office for Migration Archived October 23, 2007, at the Wayback Machine
  14. ^ "中華民國內政部移民署全球資訊網 NATIONAL IMMIGRATION AGENCY". immigration.gov.tw.
  15. ^ "Want To Live In Europe? "Buy" A Residency Permit". Forbes.com. Retrieved 2016-12-21.
  16. ^ Where is the cheapest place to buy citizenship?, By Kim Gittleson BBC reporter, New York, 4 June 2014, https://www.bbc.com/news/business-27674135
  17. ^ Canada kills investor visa popular with Chinese, by Sophia Yan @sophia_yan March 25, 2014: 2:21 AM ET , CNN, [3]
  18. ^ Buying their way in, Economist, 22 November 2014
  19. ^ "D70391". Planalto.gov.br. Retrieved 2016-12-21.
  20. ^ "Consular Services Charter | Smartraveller: The Australian Government's travel advisory and consular assistance service". Archived from the original on 2011-11-27.
  21. ^ "Embassies | New Zealand Ministry of Foreign Affairs and Trade". Nzembassy.com. Retrieved 2016-12-21.
  22. ^ "Singapore Permanent Residency". Expat Experience Singapore. Archived from the original on 2015-02-15.
  23. ^ "Selective Service Systems > Home". Sss.gov. Retrieved 2016-12-21.
  24. ^ General Naturalization RequirementsArchived March 7, 2016, at the Wayback Machine
  25. ^ The Oxford Handbook of Citizenship, Ayelet Shachar, Chapter 35, Citizenship For Sale?, pg. 790, Oxford University Press, 2017
  26. ^ Malta’s golden passport scheme draws fresh criticism, Concerns centre on selection of Jersey consultancy to run operation targeted at the wealthy, FT.com, https://www.ft.com/content/6f98892e-fbf3-11e5-b3f6-11d5706b613b
  27. ^ https://www.homeaffairs.gov.au/aboutyourvisa
  28. ^ "LISSA Permanent Residence Permit - Legal Migration Services". LISSA. Archived from the original on 2018-12-11. Retrieved 2013-09-01.
  29. ^ "UK Border Agency - Settling in the UK". Home Office. Archived from the original on 2014-03-08. Retrieved 2014-03-07.
  30. ^ "nb Waiouru: No need to hide". Thomas Everard Jones. Retrieved 2014-03-07.
  31. ^​https://www.theguardian.com/politics/2019/jan/15/poland-and-czech-republic-to-allow-britons-to-stay-if-uk-crashes-out-of-eu
External links
Last edited on 25 April 2021, at 18:55
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