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EUROPEAN UNION

Non-EU family members of EU citizens can obtain long-term residence, court rules

The Court of Justice of the European Union has ruled that non-EU citizens who have residence rights in an EU country as family members of an EU national can acquire EU long-term residence.

Non-EU family members of EU citizens can obtain long-term residence, court rules
Non-EU family members of EU citizens can obtain EU long-term residence (Photo by Kenzo TRIBOUILLARD / AFP)

EU long-term residence is a legal status that non-EU citizens can obtain if they have lived continuously in an EU country for at least five years, have not been away for more than 6 consecutive months and 10 months over the entire period (although the rules are different for Britons covered by the Withdrawal Agreement), and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as knowing the language.

Long-term residence status grants equal treatment to EU nationals in areas such as employment, self-employment or education, as well as the possibility to move to other EU countries under certain conditions. 

But the procedure to get this status is not always straight-forward.

In this case, a Ghanian national who had a residence permit in the Netherlands because of a ‘relationship of dependency’ with her son, a Dutch citizen, saw their application for EU long-term residence refused.

The Dutch authorities argued that the residence right of a family member of an EU citizen is ‘temporary in nature’ and therefore excluded from the EU directive on long-term residence.

The applicant, however, appealed the decision and the District Court of The Hague referred the case to the EU Court of Justice for an interpretation of the rules.

On Wednesday the EU Court clarified that non-EU family members of EU citizens who live in the EU can indeed acquire EU long-term residence.

The EU long-term residence directive excludes specifically third-country nationals who reside in the EU temporarily, such as posted workers, seasonal workers or au pairs, or those with a residence permit that “has been formally limited”.

A family member of an EU citizens does not fall into this group, the Court said, as “such a relationship of dependency is not, in principle, intended to be of short duration.”

In addition, EU judges argued, the purpose of the EU long-term residence directive is to promote the integration of third country nationals who are settled in the European Union.

It is now for the Dutch court to conclude the case on the basis of the Court’s decision, which will apply also to the other EU member states.

The European Commission proposed in April to simplify the rules on EU long-term residence, especially when it comes to obtaining the status, moving to other EU countries and the rights of family members. 

These new measures are undergoing the legislative procedure have to be approved by the European Parliament and the EU Council. These rules also concern Britons living in the EU as family members of EU citizens.

Member comments

  1. So does this mean that an Article 50 card holder who is married to an EU National could acquire EU long-term residence status IN ADDITION to their Withdrawal Agreement rights in order to gain free movement in the EU and hence live and work in different EU countries?

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IMMIGRATION

Half of all immigrants to Denmark in 2021 moved for work reasons

A new report from Statistics Denmark shows that 48 percent of residence permits granted to foreign nationals in Denmark in 2021 were for employment reasons. Asylum seekers accounted for 1 percent of new residents.

Half of all immigrants to Denmark in 2021 moved for work reasons

Since the beginning of the century, the reasons for which foreign nationals are granted residency in Denmark have changed considerably, according to a new report by national agency Statistics Denmark.

Over 48 percent of foreign nationals who moved to Denmark with a residence permit in 2021 did so for the purpose of working in the country.

That is the highest level in the last 20 years.

“During the last 20 years there has been a steep increase of immigration of persons who do not have Danish or Nordic citizenship, only briefly interrupted in 2020 because of Covid-19,” Statistics Denmark senior consultant Jørn Korsbø Petersen said in a press statement.

“But the reason for the immigrants’ residence has changed a lot during this period and last year almost half came to Denmark due to work,” Petersen said.

Data from back in 1997 show that during that year, half of the 21,264 people who were issued residency in Denmark arrived for asylum or family reunification reasons, with 32 percent moving for work or study.

In 2021, those proportions had shifted with 70 percent of the total 52,736 arrivals for reasons of either work or study.

Just 1 percent of residence permits were given for asylum with 5 percent granted family reunification.

The primary reason for that change is the increase in people moving to Denmark from other EU countries, according to Statistics Denmark.

Since 1997, a number of new countries including Poland, Latvia, Lithuania, Bulgaria and Romania have joined the EU, with immigration from these countries to Denmark for work reasons subsequently increasing.

Nationals of EU countries can freely move to Denmark to work under the right to free movement guaranteed by EU membership. Citizens of other countries do not have the same rights and must fulfil stringent criteria to be granted residency in the Nordic country.

READ ALSO: How can you get a work permit in Denmark if you are not an EU national?

That is reflected by the data, Statistics Denmark notes. Of the 25,500 persons who immigrated to Denmark for work reasons in 2021, 19,500 were EU or EEA citizens.

The numbers show that the demand for labour in Denmark is “almost insatiable” in the wake of the Covid-19 pandemic, according to Tore Stramer, the senior economist with the Danish Chamber of Commerce (Dansk Erhverv).

“Foreign labour has been a very important lifeline for Danish businesses at this conjuncture,” he said.

“If businesses had not been able to recruit foreign labour, the economic recovery after the corona crisis would have been significantly harder,” he said in a written comment.

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