EU Permanent residence tranfers

[gani999]

Hi everybody, my turn to put a question now

I've heard that from the 1st of january 2006, a new law comes into effect in the EU regarding Non-EU nationals holding a permanent residence in any EU country. It seems that once this law is in place, a permanent residence permit holder in one EU nation can relocate to another EU nation , and exchange his/her permanent residence in the old country for a permanent residence permit in the new country. Apparently this is valid in all EU nations with the exception of the UK and Denmark.

can someone confirm? any links?

[John]

A quick look on the Europa website has thrown up :-

New legislation will simplify conditions and administrative formalities for applying EU citizens' right to travel and reside freely throughout the European Union

I am not sure it is exactly answering the question you pose, but hopefully will help. Quite a bit of detail in that.

[John]

Actually the following webpage might be more relevant :-

Status of third-country nationals who are long-term residents

[mktsoi]

hi john.

if uk and ireland are not in the ec directive(the links from u). if i resided in ireland for 5 years, thats mean i wont be able to apply for a long term residence permit? right?

my 5 years almost up in ireland. is there anyway i can apply for the long term residence permit?

thankx
m

[JAJ]

Hi everybody, my turn to put a question now

I've heard that from the 1st of january 2006, a new law comes into effect in the EU regarding Non-EU nationals holding a permanent residence in any EU country. It seems that once this law is in place, a permanent residence permit holder in one EU nation can relocate to another EU nation , and exchange his/her permanent residence in the old country for a permanent residence permit in the new country. Apparently this is valid in all EU nations with the exception of the UK and Denmark.

can someone confirm? any links?

This may not necessarily be such a smart idea in practise:

1. If you get tired of life in the new country, will the old country allow you back?
2. It doesn't mean you'll be able to get citizenship in the new country, and the naturalisation clock in the former country of residence may be reset if you leave (even assuming you can get back)?

[John]

I have now obtained the EC Directive and cannot immediately see that it excludes any particular EU country. If you can see that then please do point out the reference.

You can download a PDF of the EC directive by clicking here. However do be warned that the PDF is nearly 3.4MB in size .... so it will take a while to download. It is a 47-page document. A bit of patience required.

The download relates to :-

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside Freely within the territory of the Member States

[gani999]

Thanks a ton, John and the others!

JAJ, To answer your questions, I've heard that it is not going to be very easy. Permanent residences are already quite difficult to get. I should think that the new country you would move to will require you to have a stable employment etc. So you can't keep touring.

[John]

Permanent residences are already quite difficult to get.

Maybe now but under the EC Directive life should become a lot easier thanks to the 5-year rule.

[tt]

I think gani99 is referring to the EU Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, which must be implemented by 23 Jan 2006.
Denmark, UK and Ireland HAVE opted out of this.

The Directive allows for the other EU countries to issue long-term residence permits to you once you have legally resided (as a third-country ie non-EU national) in one of those EU countries for 5 years (and you will be known as a 'long-term resident'). With this, you can legally reside (and work) in another of those EU countries. In a sense, you will be able to transfer your residency rights from one EU country to another, without restrictions. That is, long-term residents will receive a resident permit that is standard for all Member States, valid for ten years and renewable automatically.

I'm not sure whether this is the EU introducing another form of Residence Permit, (a 'long-term residence permit'), or it is referring to the already existing Residence Permits of those EU countries (are they all 5 years in those EU countries already? - in contrast, the Residence Permit in the UK is a vignette/sticker in the passport, and might represent 4 years, with the ILR sticker later representing some other period of years?)

So, the reference to that other EU Directive - DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside Freely within the territory of the Member States - which John refers to may not be so relevant, as the 5 years there refers to EU Citizens and their dependents.