Workers & Immigration [EU]

Non-EU nationals — rules for long-term residence

Directive 2003/109/EC — status of non-EU nationals who are long-term residents

It sets out the terms and conditions for granting — and withdrawing — long-term residence status to non-European Union citizens (third-country nationals*) living legally in a European Union (EU) country for at least 5 years.
It determines their rights and the areas where they enjoy equal treatment with EU citizens.
It spells out the conditions which apply if they wish to move to another EU country.

Key Points

To obtain long-term resident status, non-EU citizens must have lived legally and continuously in an EU country for 5 years.
Absences of less than 6 consecutive months and no more than 10 months over the whole period are permitted when calculating the 5 years.

Non-EU nationals must prove they have stable and regular economic resources to support themselves and their family and have sickness insurance.
National authorities must give a decision on applications, accompanied by the relevant documentation, within 6 months of receiving them.
Authorities may refuse to grant resident status for reasons of public policy or public security, but not for economic reasons.

Successful applicants are given a residence permit that is valid for at least 5 years and is automatically renewable.

Long-term residents may lose that status if they:
acquired it by fraud;
are issued with an expulsion order because they are considered a serious threat to public policy or security; or
leave the EU for 12 consecutive months.
Long-term residents enjoy equal treatment with the country’s nationals in areas such as employment, education, social security, taxation and freedom of association. However, in certain cases, EU countries may restrict this equal treatment.

Long-term residents may move to live, work or study in another EU country for more than 3 months, provided they satisfy certain conditions. They may be accompanied by their family members.
National contact points exist to send and receive the relevant information between EU countries.
The legislation does not apply to certain categories of non-EU nationals, such as students or those working temporarily as au pairs or seasonal workers.
The legislation does not apply in the UK (1), Ireland or Denmark which have special arrangements for immigration and asylum policy.

In 2011, the directive was amended to cover non-EU citizens, such as refugees or the stateless, who enjoy international protection.

Application & Background

It has applied since 23 January 2004. EU countries had to incorporate it into national law by 23 January 2006.

For more information, see:

‘Long-term residents’ on the European Commission’s website.
Communication from the Commission — COVID-19 Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy
KEY TERMS

Third-country national: anyone who is not a citizen of an EU country.

MAIN DOCUMENT

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, pp. 44–53)

Successive amendments and corrections to Directive 2003/109/EC have been incorporated into the basic text. This consolidated version is of documentary value only.

Employment as seasonal workers

The European Union (EU) has adopted a law (directive) setting out the conditions for non-EU citizens wishing to work in its member countries for short periods as seasonal workers, often in agriculture and tourism. It includes rights to ensure that these workers are not exploited during their stay.

Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.

In view of the EU’s ageing population and low birth rate, the Stockholm programme recognises that while labour immigration can help boost economic growth, flexible policies are needed to manage migration flows. For this reason, EU countries have agreed a law on seasonal migration.

Scope

The law applies to non-EU workers whose principal place of residence is in a non-EU country and who enter an EU country to work there temporarily.

Sectors

Each EU country must draw up a list of sectors that are dependent on seasonal conditions (for example, summer tourism and harvesting of certain crops). They must submit this list to the European Commission.

Admission conditions

To be admitted to work in the EU, workers must ensure their permit applications include a work contract or a binding job offer specifying pay, working hours and other conditions. Evidence of adequate lodging is also needed.

Length of stay

EU countries must fix a maximum stay for seasonal workers of between 5 and 9 months in any 12-month period.

Once in the EU, workers are entitled to extend their work contract or change employer, provided they meet the entry conditions and no grounds for refusal apply. Within the maximum permitted stay, EU countries may allow workers to extend their contract with the same employer more than once, as well as to have contracts with more than one employer.

Equal treatment

Seasonal workers have the right to equal treatment with nationals of the host country as regards terms of employment, such as the minimum working age, working conditions (such as pay and dismissal, working hours, leave and holidays) and health and safety regulations. This equal treatment also applies to branches of social security (benefits linked to sickness, invalidity and old age), training, advice on seasonal work offered by employment offices and other public services, except for public housing.

However, EU countries do not have to apply equal treatment with regard to unemployment and family benefits and can limit equal treatment on tax benefits, education and vocational training.

Sanctions and preventing abuse

EU countries must introduce measures to prevent possible abuses and sanctions where abuses arise. They must also set in place mechanisms to deal with complaints against employers.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 2014/36/EU

29.3.2014

30.9.2016

OJ L 94 of 28.3.2014

30.06.2014

Family reunification

Directive 2003/86/EC on the right to family reunification

It aims to set out common rules of law relating to the right to family reunification. The intention is to enable family members of non-EU nationals residing lawfully on the territory of the EU to join them in the EU country in which they are residing. The objective is to protect the family unit and to facilitate the integration of nationals of non-member countries.

It does not apply to Ireland, Denmark and the United Kingdom (1). In addition, it does not preclude any more favourable conditions recognised by national legislation.

Conditions

Non-EU nationals who hold a residence permit valid for at least one year in one of the EU countries and who have the legal option of long-term residence can apply for family reunification.

However, this directive does not apply to family members of an EU citizen, or to non-EU nationals applying for recognition of refugee status whose application has not yet given rise to a final decision or who are under a temporary form of protection.

The following are eligible for family reunification:

the sponsor’s spouse;
the minor children of the couple (i.e. unmarried children below the legal age of majority in the EU country concerned), or of one member of the couple, where he/she has custody and the children are dependent on him/her, including adopted children.

EU countries remain free to authorise, under certain conditions, family reunification of:

first-degree ascendants in the direct line (father and mother of the foreign national);
unmarried children above the age of majority;
unmarried partners.

Polygamy is not recognised; only one spouse can benefit from the right to reunification. Likewise, children of the ineligible spouses are excluded from the right to reunification unless their best interests warrant it (in accordance with the 1989 Convention on Children’s Rights).

EU countries are also permitted to require the non-EU national and his/her spouse to be of a minimum age (subject to a maximum of 21 years), before they can exercise the right to family reunification.

Procedure

EU countries determine whether it is the foreign national, or the family members who wish to join him/her, who is to submit the application for family reunification. Except in special cases, the family member to be reunited must remain outside the EU during the procedure. The application must be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down. The application must be examined within 9 months after submission.

The person concerned may be required to have accommodation that meets general safety and health standards, sickness insurance and stable resources sufficient to maintain himself/herself and the members of his/her family. Furthermore, he/she may be required to abide by integration measures under national law, as well as to have resided in the EU country in question for a certain period of time (2 years maximum) before being joined by the family members.

A family member may be refused entry or residence on grounds of public policy, internal security or public health. This also applies in the case of fraud (falsification of documents, marriage of convenience, etc.). The same grounds may justify the withdrawal or non-renewal of a permit that has already been granted.

Persons whose permit is refused, withdrawn or not renewed must have the right to mount a legal challenge.
With regard to the family reunification of refugees, EU countries may not impose conditions regarding a minimum stay in the territory before being joined by their family members. Furthermore, they are exempt from fulfilling the above conditions relating to accommodation, health insurance and resources if the application for family reunification is submitted within 3 months of refugee status being given.

Rights of family members

Family members of the foreign national are entitled to a residence permit of the same duration as that of the person they have joined and, on the same terms as that person, to access to education, employment and vocational training.
After 5 years of residence (not later), the spouse or unmarried partner and any children who have reached majority are entitled to an autonomous residence permit.

The conditions relating to the granting and duration of the autonomous residence permit are established by national law. EU countries may only limit the granting of the autonomous residence permit for spouses or unmarried couples in cases of breakdown of the family relationship.
Guidance on the application of the directive

In 2014, the European Commission published guidance for EU countries on the application of the directive.

Application & Background

It has applied since 3 October 2003 and had to become law in the EU countries by 3 October 2005.

For more information, see:

Family reunification (European Commission).

MAIN DOCUMENT

Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, pp. 12-18)

Non-EU workers – easier residence and work formalities

This directive establishes a single residence and work permit for workers from non-European Union countries. It also defines a range of specific rights to offer equal treatment to the non-EU workers covered by the directive.

Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.

The directive creates:

a combined single permit for residence and work for non-EU workers legally residing in an EU country,
a single application procedure for this permit,
a set of rights (including equal treatment compared to nationals in that country) for non-EU workers covered by the directive.

Who is concerned?

The directive applies to non-EU countries’ nationals who are authorised to live or work in the EU, independently of their initial reason for admission. This includes:

non-EU nationals seeking to be admitted to an EU country in order to stay and work,
non-EU nationals who are already resident and have access to the labour market or are already working in an EU country.
Certain categories of non-EU nationals are not covered by the directive, such as those who have been granted EU long-term resident status (they are covered by other EU legislation).

Single application procedure

Authorities in EU countries must treat any application for this single permit for residence and work (new, amended or renewed) as a single application procedure. They must decide whether the application is to be made by the non-EU country national or by their employer (or by both).

The format of the single permit is the same as that described in Regulation (EC) No 1030/2002 establishing a single residence permit for non-EU country nationals.

Right to equal treatment

The single permit allows non-EU country beneficiaries to enjoy a set of rights, including:

the right to work, reside and move freely in the issuing EU country,
the same conditions as nationals of the issuing country as regards working conditions (such as pay and dismissal, health and safety, working time and leave), education and training, recognition of qualifications, certain aspects of social security, tax benefits, access to goods and services including housing and employment advice services.

The directive sets specific criteria, based on which EU countries can restrict equal treatment on certain issues (access to education/training, social security benefits such as family benefit or housing).

Application & Background

From 25.12.2013.

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 2011/98/EU

24.12.2011

25.12.2013

OJ L 343, 23.12.2011, pp. 1-9

RELATED ACT

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, pp. 1-7).

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, pp. 44-53).

last update 02.01.2015

EU blue card – entry and residence of highly qualified workers (from 2023)

Directive (EU) 2021/1883 – conditions of entry to and residence in the European Union of non-EU nationals for the purpose of highly qualified employment

The directive lays down the entry and residence conditions for and rights of highly qualified third-country* nationals and their families:

staying for more than 3 months in a European Union (EU) Member State;
working in a Member State other than the one that first granted them an EU blue card.

Key Points

The directive’s scope is the following.

It applies to non-EU nationals applying, or having applied, for highly qualified employment in a Member State.

It does not apply to non-EU nationals:
seeking international protection;
carrying out a research project;
who are granted long-term resident status in a Member State;
who are covered by an international agreement allowing a temporary stay, rights of free movement or whose expulsion has been suspended.

It does not affect:
more favourable rules in EU law, including bilateral and multilateral agreements;
the right of Member States to decide how many non-EU nationals may enter their territory.

Applicants for an EU blue card must present:

a valid work contract or a binding job offer for highly qualified employment for at least 6 months;
documents confirming their professional qualifications;
valid travel, and where required visa, documents;
evidence of having applied for health insurance if this is not covered in the contract.

Member States:

require that conditions under relevant national law, collective agreements or established practices are met;
ensure the salary threshold they set is at least equal to, but no higher than 1.6 times, the average gross national annual salary, a lower threshold of 80% applying to professions with shortages and recent non-EU graduates (no more than 3 years);
decide whether applications are made by the non-EU national, the employer or either of the two;
may charge fees, as long as they are not disproportionate or excessive, for handling applications;
make easily accessible to applicants all the documentary evidence required and the attached conditions;
appoint contact points to receive and transmit information.

Rejection rules stipulate the following.

Member States must reject applications where the:
admission criteria are not complied with;
documents presented are false;
applicant is considered a threat to public policy, security or health;
main purpose of the employer’s business is to bring in non-EU nationals.

Member States may reject applications where the:
vacancy may be filled by a national, EU citizen or third-country citizen legally living in the EU;
employer has not met tax and other legal obligations, is bankrupt, is facing insolvency or has illegally employed non-EU nationals;
applicant’s home country has a lack of qualified workers in the profession concerned.

Withdrawal or non-renewal rules stipulate the following.

Member States must withdraw or refuse to renew a blue card where:
the card or documents are false;
a non-EU national no longer has a valid work contract or the necessary qualifications, or no longer meets the salary threshold.
Member States may withdraw or refuse to renew a blue card where:
public policy, security or health are at risk;
the employer has failed to meet their legal obligations;
the blue card holder does not comply with the directive’s personal finance, residence and other requirements.

Blue cards:

are valid for at least 24 months, or, if a work contract is for a shorter period, a further 3 months after the contract ends;
entitle holders to enter, re-enter and stay in the Member State and enjoy all the rights under the directive.

Employers:

benefit from a simplified blue card procedure if a Member State gives them recognised status;
face effective, proportionate and dissuasive national sanctions if they do not comply with the legislation.

EU blue card holders:

may have to inform national authorities of any change of employer or circumstances during the first 12 months of legal employment;
enjoy equal treatment to EU nationals in areas such as employment conditions, freedom of association, educational and vocational training, mutual recognition of diplomas, social security and access to goods and services;
can be accompanied by their family members, who also have the right to work;
may acquire long-term EU resident status, subject to certain conditions;
may, after living legally for 12 months in the Member State that issued the blue card, move, live and work with their family in another Member State.

The directive requires the following.

Member States must provide by 18 November 2025, and annually thereafter, detailed statistics on blue cards granted, refused and withdrawn and the reasons given.
The European Commission must submit reports to the European Parliament and the Council of the European Union by 18 November 2026 on its assessment of the:
list of highly skilled occupations in Annex I, and do so every 2 years thereafter taking account of changing needs in the labour market;
application of the directive, proposing amendments if necessary, and to do so every 4 years.

The directive:

amends Directive (EU) 2016/801 on the entry and residence of non-EU nationals for research, studies, training, voluntary service, secondary education and au pairing (see summary);
repeals the original blue card directive, Directive 2009/50/EC (see summary), as of 19 November 2023.

Application & Background

It has applied since 17 November 2021 and has to become law in the Member States by 18 November 2023.

The directive updates previous blue card rules. It gives the EU a targeted legal migration scheme that can respond to skill shortages and makes it easier for highly skilled professionals to join the workforce.
The directive provides an EU framework for attracting talent, while individual Member States decide how many people to admit to their labour market.
For further information, see:
Blue card – EU immigration portal (European Commission)
EU blue card: Commission welcomes political agreement on new rules for highly skilled migrant workers – press release (European Commission).

Third-country national. Any person who is not a citizen of the EU.

MAIN DOCUMENT

Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, pp. 1–38).

RELATED DOCUMENTS
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum (COM(2020) 609 final, 23.9.2020).

Successive amendments to Directive (EU) 2016/801 have been incorporated in the original text. This consolidated version is of documentary value only.

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 155, 18.6.2009, pp. 17–29).

Workers & Immigration [EU]

Non-EU nationals — rules for long-term residence

Key Points

Application & Background

MAIN DOCUMENT

Employment as seasonal workers

References

Family reunification

Conditions

Procedure

Rights of family members

Application & Background

MAIN DOCUMENT

Non-EU workers – easier residence and work formalities

Who is concerned?

Single application procedure

Right to equal treatment

Application & Background

EU blue card – entry and residence of highly qualified workers (from 2023)

Key Points

Application & Background

MAIN DOCUMENT

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