How Europe plans to ease long-term residence rules for non-EU nationals
Non-EU citizens living in the European Union are eligible for a special residence status that allows them to move to another country in the bloc. Getting the permit is not simple but may get easier, explains Claudia Delpero.
Published: 30 April 2022 09:33 CEST
EU flags at the European Commission Berlaymont building (Photo by Guillaume Périgois on Unsplash)
The European Commission proposed this week to simplify residence rules for non-EU nationals who live on a long-term basis in the European Union.
The intention is to ease procedures in three areas: acquiring EU long-term residence status, moving to other EU countries and improving the rights of family members.
But the new measures will have to be approved by the European Parliament and the EU Council, which is made of national ministers. Will EU governments support them?
What is EU long-term residence?
Non-EU citizens who live in EU countries on a long-term basis are eligible for long-term residence status, nationally and at the EU level.
This EU status can be acquired 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, and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as passing a test on the national language or culture knowledge.
The EU long-term residence permit is valid for at least five years and is automatically renewable. But the status can be lost if the holder leaves the EU for more than one year (the EU Court of Justice recently clarified that being physically in the EU for a few days in a 12-month period is enough to maintain the status).
Long-term residence status grants equal treatment to EU nationals in areas such as employment and self-employment or education. In addition, EU long-term residence grants the possibility to move to other EU countries under certain conditions.
What does the European Commission want to change?
The European Commission has proposed to make it easier to acquire EU long-term residence status and to strengthen the rights associated with it.
Under new measures, non-EU citizens should be able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move.
This, however, will not apply to individuals who used a ‘residence by investment’ scheme to gain rights in the EU, as the Commission wants to “limit the attractiveness” of these routes and not all EU states offer such schemes.
All periods of legal residence should be fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds. Stays under a short-term visa do not count.
Children who are born or adopted in the EU country having issued the EU long-term residence permit to their parents should acquire EU long-term resident status in that country automatically, without residence requirement, the Commission added.
EU countries should also avoid imposing a minimum income level for the resources condition but consider the applicant’s individual circumstances, the Commission suggests.
Integration tests should not be too burdensome or expensive, nor should they be requested for long-term residents’ family reunifications.
The Commission also proposed to extend from 12 to 24 months the possibility to leave the EU without losing status, with facilitated procedures (no integration test) for the re-acquisition of status after longer absences.
A person who has already acquired EU long-term residence status in one EU country should only need three years to acquire the same status in another EU member state. But the second country could decide whether to wait the completion of the five years before granting social benefits.
The proposal also clarifies that EU long-term residents should have the same right as EU nationals with regard to the acquisition of private housing and the export of pensions, when moving to a third country.
Why make these changes?
Although EU long-term residence exists since 2006, few people have benefited. “The long-term residents directive is under-used by the member states and does not provide for an effective right to mobility within the EU,” the Commission says.
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. “we would like to make the EU long-term residence permit more attractive,” said European Commissioner for Home Affairs Ylva Johansson.
The problems are the conditions to acquire the status, too difficult to meet, the barriers faced when moving in the EU, the lack of consistency in the rights of long-term residents and their family members and the lack of information about the scheme.
Most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one, an evaluation of the directive has shown.
This proposal is part of a package to “improve the EU’s overall attractiveness to foreign talent”, address skill shortages and facilitate integration in the EU labour market of people fleeing Ukraine.
On 1 January 2021, 23.7 million non-EU nationals were residing in the EU, representing 5.3% of the total population. Between 2.25 to 3 million non-EU citizens move to the EU every year. More than 5 million people have left Ukraine for neighbouring states since the beginning of the war in February.
Will these measures also apply to British citizens?
These measures also apply to British citizens, whether they moved to an EU country before or after Brexit.
The European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for a long-term residence too.
As Britons covered by the Withdrawal Agreement have their residence rights secured only in the country where they lived before Brexit, the British in Europe coalition recommended those who need mobility rights to seek EU long-term residence status.
These provisions do not apply in Denmark and Ireland, which opted out of the directive.
What happens next?
The Commission proposals will have to be discussed and agreed upon by the European Parliament and Council. This is made of national ministers, who decide by qualified majority. During the process, the proposals can be amended or even scrapped.
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.
EU governments will be harder to convince. However, presenting the package, Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas, said proposals are likely to be supported because “they fit in a broader framework”, which represents the “construction” of the “EU migration policy”.
National governments are also likely to agree because large and small employers face skill shortages, “especially in areas that are key to our competitiveness, like agri-food, digital, tourism, healthcare… we need people,” Schinas said.
The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.
Strikes and queues: How airline passengers in Europe face summer travel chaos
Staff shortages, IT glitches, long queues and strike action - there have been chaotic scenes at airports around Europe already. With the summer holidays ahead here's the forecast for summer travel in the 9 countries covered by The Local.
Published: 13 June 2022 13:13 CEST
In common with many other European countries France is facing staff shortages this summer and the aviation sector is particularly affected.
Long queues have already been reported at Paris airports, especially for long-haul flights, and passengers are advised to check carefully the airline’s recommendations for arrival times. Outside Paris fewer problems have been reported, but unions have warned travellers to expect delays over the summer as passenger volumes increase.
Paris airports were hit by strike action on Thursday and further strikes have been called for July unless the workers’ demands – for a €300 salary increase to cope with the rising cost of living – are met.
Outside of Paris no strikes are scheduled – but it’s hardly unknown for French airport and airline unions to call strikes once the summer holidays begin. You can find the latest on our travel section HERE.
Away from air travel the picture is less gloomy, with no specific problems reported on French railways.
If you’re travelling from the UK there are reports of delays at British airports, the Eurostar terminal at St Pancras and at ferry ports, but the services themselves are mostly running as normal. Remember that since Brexit there are extra restrictions on travelling to France from the UK.
In April 2022, Spain managed to recover 85 percent of the international tourists it received during the same month in 2019, as the country hopes to slowly edge towards the record 83.7 million holidaymakers it received in the last year before the Covid-19 pandemic.
But just like is happening across much of Europe, it may be a case of too much too soon for Spain’s travel machine to cope.
Spain’s Interior Ministry has reacted by announcing it will deploy an extra 500 border guards at the country’s 12 busiest airports as well as allowing British holidaymakers to use e-gates as neighbour Portugal has done.
Then there’s the not-so-small matter of hundreds of flight cancellations by Easyjet, Lufthansa, Eurowings, TUI and more airlines due to a lack of staff, IT glitches and other reasons, with many of these flights being to Spain.
On Tuesday June 21st, Easyjet cabin crew announced they will also be going on strike on July 1st, 2nd, 3rd, 15th, 16th, 17th, 29th, 30th and 31st to protest against their low wages.
Italy appears to have escaped the worst of the disruption seen elsewhere in Europe, with no reports so far of chaotic scenes or long lines at Italian airports. But that’s not to say travel to or from the country is guaranteed to be trouble-free this summer.
Flight delays and cancellations are expected on Saturday June 25th, as pilots and crew from Ryanair, Malta Air and CrewLink have announced a nationwide 24-hour walkout in Italy over wages and working conditions.
Italian trade unions representing airline workers warned earlier this month that there may be “a long series of staged actions which will run through the entire summer” after dozens of flights were delayed or cancelled on June 8th amid protests by cabin crew and pilots working for low-cost airlines.
Transport strikes of all types are a common occurrence in Italy throughout the summer months, with rail services and local public transit most recently disrupted last Friday.
Airports in Italy however don’t seem to have been hit by the severe staffing shortages seen in some countries, likely due to the country’s ban on layoffs amid the pandemic and financial incentives offered to companies for keeping staff on reduced hours instead of firing them.
It remains to be seen whether things will continue to run as smoothly at airports once Italy’s long summer holidays begin on June 20th, with many Italian families planning to travel abroad this summer for the first time since before the pandemic.
Germany is also struggling with the increasing demand for travel coupled with staff shortages.
Transport Minister Volker Wissing warned recently that the country is facing major disruption to air travel and called for a nationwide recruitment drive. But he better get a move on. Passengers are already reporting long waits at airports while queuing at security, and Germany’s biggest airline Lufthansa said it was cancelling 900 services around Germany and Europe this July. Despite the reduced timetable, Lufthansa said there could still be problems.
And passengers will also have to watch out for the possibility of strikes. On Friday, for instance, Germany’s Verdi Union called on Easyjet cabin crew staff in the Berlin-Brandenburg area to walk out from 5am-10am in a wages dispute, resulting in disruption.
Regional train travel in Germany could also be tricky in popular areas. The €9 monthly ticket for public transport means that some regional train services have been overcrowded. During the recent holiday weekend, train staff described chaotic scenes, with people not being allowed to board trains.
The big logjam in Sweden is at Stockholm’s Arlanda Airport, where staffing issues have led to long queues and missed flights since mid-May, particularly on weekends.
The airline has said it expects the delays to continue throughout the summer, but police expect the crowding to decrease this week with fewer queues than over the weekend.
Sweden’s other main airport, at Landvetter in Gothenburg, is not suffering the same staffing issues, according to the Göteborgs-Posten newspaper, as the number of passengers seeking to fly from the airport has not spiked to the same extent.
Scandinavia’s SAS airline is also likely to see cancellations in June after 1,000 pilots said they would go on strike. The strikes, announced by pilots unions in Sweden, Denmark and Norway, will begin on June 23rd if the company fails to reach a deal with unions.
So far, Austria has got through a wave of chaos sweeping Europe relatively unscathed. However, there have been a few reports of delays and cancellations.
“The passengers already have to wait an hour at check-in, then another hour at the security. I have already been insulted by aggressive passengers”, an anonymous employee at the Vienna International Airport told Austrian media.
Representatives from the Vienna Airport operator have denied the reports. Still data shows that the recipe for trouble is already in place in the alpine country, with increasing numbers of travellers.
The situation is far from dire, though, and most jobs were saved through the government scheme known as Kurzarbeit. Companies could get subsidies as long as they kept staff and refrained from firing.
The spokesperson for the Vienna International Airport has told Austrian media that they currently have about 80 percent of personnel from before the pandemic – while passenger levels are at about 65 to 70 percent of those from 2019.
It remains to be seen if that will be enough to avoid chaos just as people go on their summer vacations.
With the exception of “high-volume” travel peaks like Easter, Ascension and Pentecost, Swiss airports have not been overly impacted by overcrowding.
At Geneva airport, the situation is “relatively under control”, according to Sandy Bouchat, the airport’s spokesperson.
However, with the summer holidays around the corner, “we are all the more vigilant, as we expect a sharp increase in traffic”, she added.
In Zurich, the situation is relatively calm as well, though, like Geneva, it is preparing to handle more passengers in the coming weeks.
The airport has a useful site where passengers can see the situation at check-in counters on a given day.
Basel’s EuroAirport tends to be busy for two reasons: it has a number of low-budget airlines like EasyJet and Ryanair, and it also lies on the borders of Switzerland, France and Germany, accounting for the influx of passengers from all three countries.
This map shows the real-time road traffic information to and from the airport, which is helpful in estimating the expected wait times.
Also, while it is difficult to know right now whether this move will create overcrowding at airports, the national airline SWISS has cancelled or reduced a number of its flights from both Zurich and Geneva, and outsourced some routes to codeshare carriers.
SWISS is also impacted by personnel shortage as it is among few airlines that emains firm in requiring all its pilots and flight attendants be immunised against Covid: in all, around 150 unvaccinated flight crews are not permitted to fly; nor enough fit-to-fly cabin crews may lead to more cancellations.
Long delays were reported at Copenhagen Airport last month, with the airport warning passengers it expected “to be very busy” during the late spring public holidays. These long weekends have now passed and the airport earlier said it expected to be fully staffed by June.
Staff shortages at security checks, caused by a lengthy rehiring process following the Covid-19 crisis, were blamed for crowds and long queues at Copenhagen Airport during the spring.
In a May 19th statement on its website, Copenhagen Airport advised passengers travelling outside of the spring public holidays to arrive two hours prior to departure for European travel, and three hours before departure for travel to destinations outside of Europe.
Other Danish airports have been less severely affected. The smaller Aalborg Airport, for example, said this week that it did not expect excessive queueing this summer because it did not let any staff go last winter when passenger numbers were down.
“It’s a staffing issue (airport delays), and here in Norway, we are much better equipped than other European countries, thanks to measures taken during the pandemic,” Øystein Løwer, press officer of Avinor, told VG.
“During the pandemic, we had a clear crisis package from the state, which made it possible to retain workers for long periods. This, in turn, meant that employees at the airports (in Norway) kept their jobs and were able to return to work when Norway reopened,” the press officer explained.
Additionally, around 1,000 pilots with Scandinavian airline SAS could go on strike later this month after trade unions issued a strike notice. Pilots in Norway, Denmark and Sweden have all said they would strike. Around 2,000 bookings with airline Flyr could also be disrupted by the delayed delivery of a Boeing aircraft to its fleet.