Hello again,
I've heard back from the service - true to their word, they got back to me when they said they would.
To be honest, there's so much jargon and bureaucratic disclaimers that I'm finding it hard to wade through the information.
It's not clear (to me) in Article 14 of the Council Directive 2003/109/EC whether the employment they're talking about refers to employment acquired through a company-sponsored work permit or just going out there and getting a job as if I were a citizen. Are they simply trying to say they don't want you to bum off the social security here?
And adequate resources and overall sickness coverage seems pretty wide-ranging to me!
Though it IS good news to hear Hungary is joining Schengen soon.
I'll get someone to look at the Hungarian section for me; my command of the language is nowhere near being able to read these sorts of documents! Or if anyone out there can?
I get the feeling, because of all the 'it all depends on the Member State policies' littered throughout, that whether PR transferable is decided on a case by case basis, depending on which country you hold the PR in and which country you want to go. Maybe I should contact specific embassies?
Any suggestions welcome, thanks!
Here's the reply:
Enquiry:
I hold a Malaysian passport and am entering into my 5th year with a residence permit for Hungary, where I'm employed. From what I understand, it's possible to apply for permanent residence after you have lived for 5 years there.
My question is, with PR status in Hungary, what rights do I have to live/work in other EU countries, specifically France, Norway, the UK and Spain?
Reply
The Council Directive 2003/109/EC of 25 November 2003 regulates the status of third-country nationals who are long-term residents in a Member State of the EU. Member States shall grant long-term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application.
To acquire long-term resident status, third-country nationals have to prove that they meet the conditions set out in the Directive, such as to have adequate resources and overall sickness insurance.
You can find the text of the Directive on
http://eur-lex.europa.eu/LexUriServ/sit ... 440053.pdf
Long-term resident third-country nationals are guaranteed equal treatment with nationals of the EU in a wide range of economic and social matters. In certain cases, Member States may restrict equal treatment with nationals with respect to access to employment and to education. With the long-term resident status you will have the right to reside in the territory of other Member State for a period longer than three months, provided that conditions set out in article 14 are met.
The exercise of this last right will only happen in coordination with the removal of new internal borders. It means that residence permits issued in Hungary will serve as equivalent to travel documents only if Hungary becomes a fully-fledged member of the Schnegen area. It is foreseen for 1/1/2008.
For further information you are required to visit
http://europa.eu/scadplus/leg/en/lvb/l23034.htm
http://europa.eu/rapid/pressReleasesAct ... anguage=en
In Hungary the directive was transposed by the law No II/2007 (2007. évi II. törvény a harmadik országbeli állampolgárok beutazásáról és tartózkodásáról).
Article 38 enumerates conditions under which an EC long-term resident permit (EK letelepedési engedély) can be issued.
http://fn.opten.hu/cgi-bin/fnofs.cgi?st ... ate4=&teda
For further information you are required to contact the Immigration and Nationality Office (Customer Office No 1).
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