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EUROPEAN UNION

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.

EU flags at the European Commission Berlaymont building
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).

READ ALSO: IN NUMBERS: How many non-EU citizens live in European Union countries?

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.

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

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.

READ ALSO: Pensions in the EU: What you need to know if you’re moving country

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.

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

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.

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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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