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Does moving within Schengen reset permanent residence timer?

Immigration to European countries, don't post UK or Ireland related topics!

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severnaya
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Does moving within Schengen reset permanent residence timer?

Post by severnaya » Fri Dec 30, 2016 10:10 am

I'm a Brit working in Italy, with an EU temporary residence card. My job here will not last long enough for permanent residence (even if Brexit gets delayed) but I might be posted to another Schengen country. Belgium is the most likely but maybe Poland. If possible I want to get permanent residence and then citizenship in one of these countries.

Anyone know if moving countries within the Schengen zone resets the clock on getting permanent residence, or does one member state give credit for time spent in another?

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Casa
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Re: Does moving within Schengen reset permanent residence ti

Post by Casa » Fri Dec 30, 2016 10:13 am

You can't combine time spent residing in another EU state within the Schengen zone.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Does moving within Schengen reset permanent residence ti

Post by secret.simon » Fri Dec 30, 2016 8:00 pm

severnaya wrote:Anyone know if moving countries within the Schengen zone resets the clock on getting permanent residence
Yes. Permanent Residence is specific to a country. Also, PR is lost if you remain outside that country (even if you remain within the EU) for more than two years, though given the lack of border checks, that is practically impossible to prove.

There are provisions for frontier workers that apply if you return "home" in another EU country atleast once a week. But they are designed for people who live in border regions (such as Aachen/Eupen in Germany/Belgium, for example).
severnaya wrote: does one member state give credit for time spent in another?
They are not obliged to by EU law, but countries can make such provision if they so wish. These are provisions under national law, not EU law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Re: Does moving within Schengen reset permanent residence ti

Post by noajthan » Fri Dec 30, 2016 11:51 pm

Unless a BC has already served 3 years or more in a.n.other member state they are now unlikely to acquire PR there in the normal way.

A BC who is the family dependent of a Union
citizen (based in a.n.other memberstate) and whose sponsor dies, is incapacitated or otherwise ceases activity may ofcourse acquire PR in less than 5 years.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

severnaya
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Re: Does moving within Schengen reset permanent residence ti

Post by severnaya » Sat Dec 31, 2016 1:02 am

secret.simon wrote:They are not obliged to by EU law, but countries can make such provision if they so wish. These are provisions under national law, not EU law.
Thanks Simon. Do you know of any Schengen countries which actually do that?

I know I'm unlikely to qualify for anything before Brexit, but I do still have hopes that people already present as hard working taxpayers when it happens (both in UK and on the Continent) will be treated reasonably, since with many people affected on both sides it's a really obvious quid pro quo. Perhaps with immediate PR if we're lucky.

As I said, Italy won't happen for me in any case. I already know when our office here is going to be closed down.

secret.simon
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Re: Does moving within Schengen reset permanent residence ti

Post by secret.simon » Mon Jan 02, 2017 6:30 pm

severnaya wrote:Thanks Simon. Do you know of any Schengen countries which actually do that?
Unfortunately, I am not au fait with the immigration policy of countries in the Schengen Zone. Getting one's head around the immigration policy of the UK is a challenge in itself and I am no expert even on that.

A cursory search on Belgian immigration suggests that Belgium does allow time accrued in other EEA countries to count if you are a non-EEA citizen with an EU Blue Card (the EU equivalent of the UK's Tier 2 General), but not for EU citizens themselves.

If you are worried about Brexit, you could acquire PR in Italy itself. While your office moves to Brussels, those rules about frontier workers could possibly mean that you would retain rights if you return atleast once a week to Italy and maintain your main house there. So it may be that Ryanair/Easyjet are your best friend.

I do not know much about regulations for frontier workers and would wait for others to advise further on this specific approach and whether it is even possible/feasible.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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