the new EU directive 2003/109/EC for third country nationals

[zinao]

Hello

pls could some pls explain what this new law means as i do not know if i qualify. it states that if you are a third world national and have been resident for 5 yrs then you are eligible for a permanent EC card which allows a person to work freely all around Europe.

I am currently a postgraduate student graduating next year, making my stay in the UK yearswhich is a combibnation of both my stay as a working holiday maker and a student. I know that Britain and Ireland have opted out, but what other countries are currently practicing this scheme?

Does any one know from my info if i qualify as i dont mind moving to another EU country.


Here are the links that i got my info

http://europa.eu/scadplus/leg/en/lvb/l23034.htm
http://www.sisemin.gov.ee/atp/index.php?id=17240

[EJ]

Dear Zinao,

If you read the link carefully you will notice that you first have to be a long term resident of the EC country in which you are currently residing. It also states that third country nationals in Europe for the purpose of study is excluded from the definition.

I am interested to find out how third coutry nationals in Britain are affected by this.

[zinao]

from what i hear britain is not participating, so is ireland and denmark.

i thought that defination meant solely for study purposes, not ppl that have studied in the uk and also been in other categories such as work permit, which make up their long residence.

Anyway thanks.

[gani999]

This rule is the biggest example to show why the so-called EU is not working.
So far only Austria, Czech Republic and a couple of others have ratified this law, so if you are resident any other EU country other than these (which means, almost the entire EU as we know it), you cannot benefit from this rule....

Britain, Ireland and denmark are not participating

[Dawie]

Britain, Ireland and denmark are not participating

Actually it's not been made very clear in what sense these 3 countries are not participating.

For example, it's more than likely that third country nationals with permanent residence from other EU countries would not be allowed to live and work in the UK. But it's not immediately obvious whether or not third country nationals with permanent residence (indefinite leave to remain) in the UK would be allowed to work in the other EU countries who have signed up to this agreement.

[tt]

gani999. Do you have a list of the countries which have implemented this Directive into their legislation/regulations?
Is it only those you mention?

By the way, if a EU country has NOT implemented this yet, then through the principle of direct effect or indirect effect one might be able to enforce the Directive in the national courts, but then could be stymied by the argument that only a EU citizen could pursue this.

Anyway, this Directive 2003/109/EC allows a non-EU citizen to get a "long-term resident's EC Resident Permit" after 5 years of legal residence in a EU state - BUT NOT INCLUDING THE UK, IRELAND AND DENMARK who opted out by an allowing provision in their Accession Treaties.

Once you have one of these permits, it can be used in other EU countries (except the UK, Ireland and Denmark) to reside and/or work without further need of permits.

This Directive was meant to have been implemented by 23rd January, 2006.

Dawie mentions that it is up in the air as to whether non-EU citizens who have gained permanent residence in the UK (or Ireland or Denmark) would be able to enforce their rights as set out in the Directive, but the problem would be that you need a "long-term resident's EC Resident Permit" to do this, and because these 3 countries are not participating in this Directive, they will not be issuing them. Just their own national Permanent Resident Permits.

So, alas, it would appear zinao, or for that matter, any UK/Irish/Danish resident or permanent resident, cannot use this Directive to their advantage.

[JAJ]

Once you have one of these permits, it can be used in other EU countries (except the UK, Ireland and Denmark) to reside and/or work without further need of permits ...

With the important proviso that taking advantage of this may well mean you lose eligibility for citizenship in the country of first residence.

EU/EEA treaties do not put the member states under any obligation to offer citizenship to non-citizens.

Often it may make a lot more sense to get citizenship first - move later.

[doclagoa]

Does anyone know if there is a website that updates which member countries have implemented the directive 2003/109/EC?

Thank you in advance

[SYH]

Britain, Ireland and denmark are not participating

Actually it's not been made very clear in what sense these 3 countries are not participating.

For example, it's more than likely that third country nationals with permanent residence from other EU countries would not be allowed to live and work in the UK. But it's not immediately obvious whether or not third country nationals with permanent residence (indefinite leave to remain) in the UK would be allowed to work in the other EU countries who have signed up to this agreement.

This is my question. It might work that way that those with UK PR, they should be able to go to other EU countries, since it works that way for citizenship but if I was one of the other eu countries I wouldn't honor it.

[mym]

Does anyone know if there is a website that updates which member countries have implemented the directive 2003/109/EC?

All of them in effect (apart from the three that opted out).

It entered into force: 12.02.2004 and the deadline for transposition in the Member States was 23.01.2006.

Since that date in any states that have not transposed it into their national law it has the force of law anyway.

[doclagoa]

Does anyone know if there is a website that updates which member countries have implemented the directive 2003/109/EC?

All of them in effect (apart from the three that opted out).

It entered into force: 12.02.2004 and the deadline for transposition in the Member States was 23.01.2006.

Since that date in any states that have not transposed it into their national law it has the force of law anyway.

Thanks MYM, But I read somewhere that even though it been adopted that most countries have NOT implemented it. I think I read that Austria and a couple of others implemented but no others. I was just wondering if there is a website to go to that says what the compliance has been.

[Directive/2004/38/EC]

If a country does not transpose it to national law by the deadline, then the Directive itself has direct legal effect in the country.

This is true with all EC directives. Until recently Directive 2004/38/EC had not been transposed in Belgium, and so the Directive had direct legal effect.

[doclagoa]

If a country does not transpose it to national law by the deadline, then the Directive itself has direct legal effect in the country.

This is true with all EC directives. Until recently Directive 2004/38/EC had not been transposed in Belgium, and so the Directive had direct legal effect.

Does anyone have any experience of being a long-term resident, then going to another EU Country for purposes of study in University and being denied "home rates" for tuition? I am wondering how I can get home rates IF the country has not implemented the directive. Universities don´t seem to know about this law.

[Directive/2004/38/EC]

What contry are you a citizen of? Where were you resident and where are you studying?

[doclagoa]

I am a U.S. citizen. Have been living in Portugal for 7.5 years. Have just applied for an official new stauts of Long Term Resident card. I hope to study in Holland or the UK. And, don´t want to get stuck with the international status for tuition fees. Thanks in advance for your help !

[SYH]

I am a U.S. citizen. Have been living in Portugal for 7.5 years. Have just applied for an official new stauts of Long Term Resident card. I hope to study in Holland or the UK. And, don´t want to get stuck with the international status for tuition fees. Thanks in advance for your help !

Yeah, but even though you can move and act as a normal resident, they still may require a certain amount of time of living in the state to avail yourself of residential fees. You need to look into each country's rules or the school's rule of that country on how they would process your application.

[Directive/2004/38/EC]

There are some special rules which apply to European citizens, but they would not apply to you.

Note that some countries have no foreign student fees. Germany is like this. I am not sure about the Netherlands.

[ryangiggs11]

Does anyone know if there is a website that updates which member countries have implemented the directive 2003/109/EC?

Thank you in advance

I know that Sweden is fully implementing it at the moment. As Sweden is fairly advanced in its immigration services, one can get the necessary application form from the Migrationsverket (Swedish Migration Board) website and from there can receive instructions on how to apply with the local police. You can view it at:

http://www.migrationsverket.se/english.html

Click on Long Term Residents

It also mentions that the UK, Ireland, and Denmark are specifically exempt so this reinforces what has already been said here many times.

I also talked recently with a Belgian relo/immigration expert and she was unaware of the regulation which leads me to conclude that, while technically enforceable, there is still some time before this also goes into effect in all member-states.

[waldymar]

Guys,

Is here anyone who used "EU long-term residence" in another EU state in practice? I'm especially interested in work issues. Does it really work? I just take my Italian long-term residence and go to Belgium to work without a need to wait for months the Belgian Work Permit?

[baluch01]

Dear All,

If anyone could clarify the following with regards to the aforementioned directive:

- I am about to obtain Czech permanent residence. Usually on the sticker they give you there is written 'EU resident' You get Czech permanent residence exactly after 5 years of living here and under all the others conditions mentioned in the directive. Does this mean that I get both Czech perm.residence and EU long-term residence? Should I treat these things as one?

-Secondly, If i move to the second member state I lose long-term residence in the first one. Does it also mean that i lose my Czech permanent residence as well?

- Thirdly, assuming that I do lose perm.residence in the first country (as per p.2), however taking into account that UK is non-participating country and if i acquire UK permanent residence, can I still hold the Czech perm.residence?

Sorry for long questions. Ill be very grateful, if anyone competent replies.

Thank u!

[Pakhtoon]

You don't loose your Czech permanent residence in any case.

[Rozen]

I started reading this post, only to discover that it's from way back 2006!