Changes from report parliamentary committee draft to plenary report

AddedRecital 23: (23) Decisions ending the legal stay of EU long-term residents should not be founded on economic considerations. Before taking a decision to end the legal stay of an EU long-term resident, Member States should take into account the solidity of the person’s family relations and the duration of residence, the existence of family, cultural and social ties with his or her country of origin, and in cases where there are children involved, the best interests of a child.

RemovedRecital 12: (12) For the purpose of promoting the social inclusion of third-country nationals, Member States should not require applicants for EU long-term resident status to comply with integration conditions.

AddedRecital 24: (24) Where a Member State intends to end the legal stay , on a ground provided for in this Directive, of a beneficiary of international protection who has acquired EU long-term resident status in that Member State, and refoule him/her, that person should enjoy the protection against refoulement guaranteed under Directive 2011/95/EU and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, that that person may be required to go only to the Member State which granted international protection and that that Member State is obliged to take back that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained EU long-term resident status in a second Member State.

RemovedNecessary for internal coherence of the Directive.

RemovedRecital 16: (16) The acquisition of EU long-term resident status should be certified by EU long term residence permits enabling those concerned to prove their legal status easily and immediately. Such residence permits should also satisfy high-level technical standards, notably as regards protection against falsification and counterfeiting, in order to avoid abuses in the Member State in which the status is acquired and in Member States in which the right of residence is exercised. However, it is important to note that falsification and counterfeiting, in particular of documents, could take place without the knowledge of a third-country national. Therefore, Member States should individually examine cases and assess whether the applicant had knowledge of such falsification and counterfeiting.

RemovedNecessary for internal coherence of the Directive and in line with the principle of proportionality.

RemovedRecital 17: (17) In order to promote circular migration of EU long-term residents and contribute to brain gain, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, to return temporarily to their countries of origin for personal and family circumstances, as well as to pursue professional or educational opportunities in other third countries, EU long-term residents should be allowed to be absent from the territory of the Union for up to 24 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re-acquisition of the EU long-term resident status, by allowing a third-country national to apply for the re-acquisition of their EU long-term resident status after one year of continuous and legal residence in the Member State concerned. Where Member States issue national permanent residence permit in accordance with national law and provide for provisions on periods of absences, the more favourable provisions should apply.

RemovedRecital 20: (20) Professional and occupational qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. Where the qualifications of the third-country national were already recognised in another Member State, the Member State concerned should take into account such qualifications in accordance with Directive 2005/36/EC.

RemovedRecital 22: (22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay. Member States should provide for effective legal remedy against such decisions. In line with the ECHR and CJEU case law, Member States should take into account the individual circumstances of the individual, prior to the decision ending legal stay.

RemovedNecessary for internal coherence and codified the European Court of Human Rights ruling.

Recital 25: deleted

Change 7

RemovedDeletion consistent with agreement reached at the Trilogue on the Qualification Regulation in June 2018, which deleted the provisions on exceptions to non-refoulement (Art. 21(2) Qualification Directive).

AddedRecital 26: (26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to education, training or work for family members should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society.

RemovedRecital 27 a (new): (27a) Where, due to individual circumstances, children are in vulnerable situations, due to their dependency on the family sponsor for the residence, their applications for an autonomous residence permit should be allowed after one year.

AddedRecital 27: (27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, children of EU long-term residents, irrespective of their place of birth should acquire the EU long-term resident status automatically, without being subject to any other specific conditions or requirements.

RemovedNecessary for internal coherence and in line with the best interests of a child.

AddedRecital 28: (28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States. However, where a Member State decides to grant a national residence permit to a third-country national, the third-country national should also be offered at the same time an EU long-term residence permit in order to facilitate the acquisition of such right. An EU long-term resident should not be precluded from acquiring or holding other national or Union residence permits.

RemovedRecital 27 b (new): (27b) In light of particularly difficult circumstances and for the purpose of protecting family members, Member States should grant autonomous EU long-term residence permit to family members of an EU long-term resident after two years of residence in the territory of that Member State. With due regard to family life and human dignity, and in certain conditions to provide protection against abuse, Member States should take measures to legally safeguard family members and ensure that they can retain the right of residence on personal basis.

AddedRecital 29: (29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures to obtain the respective statuses and access to information. In particular, Member States should ensure that when issuing a national residence permit of permanent or unlimited validity, more favourable provisions on procedural safeguards and rights should apply to EU long-term residents and their family members. Member States should also ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, and should inform applicants of the possibility of requesting the EU-long term residence when they submit an application for a national residence permit. When providing information about the EU long-term residence and national residence permits, Members States should provide the same level of information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. All information on the procedure to obtain the EU long-term resident …

RemovedNecessary for internal coherence and in line with protecting family life.

AddedRecital 30: (30) This Directive aims to facilitate and promote mobility for EU long-term residents within the Union (‘intra-EU mobility’) and to reduce the administrative burden associated with mobility. Intra-EU mobility is one of the key components of this Directive, as it provides a clear added value that cannot be achieved at a Member State level. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long-term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to enhancing the Union’s attractiveness, to improving labour market efficiency across the Union, to addressing skills shortages and matching skills to the Union’s labour market needs, to contributing to labour market adjustments, to boosting economic growth, and to offsetting regional imbalances. Furthermore, the intra-EU mobility of EU long-term residents and their family members can facilitate their social and cultural integration.

RemovedRecital 28: (28) Harmonisation of the terms of acquisition of the EU long-term resident status promotes mutual confidence between Member States. However, this Directive should be without prejudice to the right of Member States to issue residence permits of permanent or unlimited validity other than the EU long-term residence permit. Such national residence permits should not confer the right to reside in other Member States. An EU long-term resident should not be precluded from acquiring or holding other national or EU residence permits.

AddedRecital 33 a (new): (33a) For the purpose of facilitating intra-EU mobility, this Directive sets up a specific intra-EU mobility scheme whereby the holder of a valid EU long-term residence permit issued by a Member State is allowed to enter, to stay and to work in one or more Member States in accordance with the provisions governing short-term and long-term mobility under this Directive. Short-term mobility for the purposes of this Directive should cover stays in Member States other than the Member State that issued the long-term residence permit, for a period of up to 90 days per Member State. Long-term mobility for the purposes of this Directive should cover stays in Member States other than the Member State that issued the long-term residence permit for a period exceeding 90 days per Member State.

RemovedThis provision falls under the recast procedure.

AddedRecital 33 b (new): (33b) For the purpose of enhancing intra-EU mobility, EU long-term residents should have the possibility to reside in another Member State, on the basis of an EU long-term or other residence permit issued in a second Member State. The EU long-term resident should apply for a residence permit within the first three months after arriving in the territory of the second Member State, subject to the provisions in Chapter III and provided that the requirement on the duration of residence in the first Member State has been fulfilled. The national authorities of the second Member State should provide easily understandable information to the EU long-term resident on the differences in rights and procedural guarantees granted on the basis of the different types of permit that the EU long-term resident applies for.

RemovedRecital 29: (29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that, when issuing a national residence permit of permanent or unlimited validity, more favourable provisions on procedural safeguards and rights should apply to EU long-term residents and their family members. Member States should also ensure that applicants for an EU long-term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. Where a third-country national holds a national permanent residence permit and applies for an EU long-term residence permit in the same Member State, the Member State concerned should automatically grant an EU long-term residence permit to that person .

AddedRecital 34: (34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, and to reduce the unnecessary administrative burdens imposed on EU long-term residents, no check of the labour market situation in a second Member State should be carried out when examining applications for residence in a second Member State.

RemovedLinked to Article 14, which falls under the recast procedure.

AddedRecital 34 a (new): (34a) When an EU long-term resident chooses to apply for a national residence permit, the Member State where the national residence permit is to be granted should explicitly mention on the permit that the third-country national is a holder of an EU long-term residence permit, and therefore, both the EU long-term resident and his or her family are entitled to related rights, including equal treatment, and procedural safeguards. Where Member States require the EU long-term resident to provide evidence, including on stable and regular resources, a similar evaluation and assessment as in the first Member State should be carried out, in line with the principle of proportionality.

RemovedRecital 30: (30) This Directive aims to facilitate mobility for EU long-term residents within the Union (‘intra-EU mobility’) and to reduce the administrative burden associated with mobility. In the meantime, EU long-term residents should have the possibility to apply for other residence schemes in other Member States. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imbalances.

AddedRecital 35: (35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. Member States should ensure that EU long-term residents are entitled to begin employment or study no later than 30 days after submitting the application for residence in the second Member State.

RemovedChanges introduced here fall under the recast procedure and are necessary for internal coherence.

AddedRecital 36: (36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional diplomas, certifications and other qualifications as well as skills and competences should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law.

RemovedRecital 33 a (new): (33a) This Directive aims to introduce new provisions facilitating intra-EU mobility, in order to enhance the Union’s attractiveness, match better international skills with Union’s labour market needs, and contribute to labour market adjustments and the overall economic growth. Intra-EU mobility is one of the key components of this Directive, as it provides a clear added value that cannot be achieved at a Member State level.

AddedRecital 37: (37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who are authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of disabled or otherwise dependent adult children, spouses and legal partners and of first-degree relatives in the direct ascending line who are dependent on them. Family members residing in a second Member State should be able to exercise the same rights as family members residing in the first Member State.

RemovedNecessary for internal coherence and linked to the key aim of the Directive to enhance intra-EU mobility for third-country nationals.

AddedRecital 38: (38) The Member State in which an EU long-term resident intends to exercise his or her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy, public security or public health, as defined in Article 2, point 21, of Regulation (EU) 2016/399 of the European Parliament and of the Council1a. / 1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

RemovedRecital 33 b (new): (33b) For the purpose of facilitated intra-EU mobility, this Directive sets up a specific intra-EU mobility scheme whereby the holder of a valid EU long-term residence permit issued by a Member State is allowed to enter, to reside and to work in one or more Member States in accordance with the provisions governing short-term and long-term mobility under this Directive. Short-term mobility for the purposes of this Directive should cover stays in Member States other than the one that issued the EU long-term residence permit, for a period of up to 90 days per Member State. Long-term mobility for the purposes of this Directive should cover stays in Member States other than the one that issued the EU long-term residence permit.

RemovedNecessary for internal coherence and linked to the key aim of the Directive to enhance intra-EU mobility for third-country nationals.

RemovedRecital 33 c (new): (33c) For the purpose of enhancing intra-EU mobility, EU long-term residents should have the possibility to reside in another Member State, on the basis of an EU long-term residence permit or national residence permit. The EU long-term resident should apply for a residence permit within the first three months after arriving in the territory of the second Member State, subject to the provisions in Chapter III and provided that the requirement on the duration of residence in the first Member State has been fulfilled. The national authorities of the Member State concerned should provide easily understandable information to the EU long-term resident on the differences in rights and procedural guarantees depending on the type of permit he or she applies for.

RemovedNecessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.

RemovedRecital 34: (34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, and to reduce the unnecessary administrative burdens imposed on EU long-term residents, no check of the labour market situation should be carried out when examining applications for residence in a second Member State.

RemovedNecessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.

RemovedRecital 34 a (new): (34a) When an EU long-term resident chooses to apply for a national residence permit, the Member State where the national residence permit is granted should explicitly mention on the permit that the third-country national is a holder of an EU long-term residence permit, and therefore, both the EU long-term resident and his or her family are entitled to related rights, including equal treatment, and procedural safeguards. Where Member States require the EU long-term resident to provide evidence, including on stable and regular resources, a similar evaluation and assessment as in the first Member State should be carried out, in line with the principle of proportionality. In that case, gaps in between labour contracts of less than two months should be considered irrelevant for the purpose of the assessment.

RemovedNecessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.

RemovedRecital 37: (37) Family members should also be able to settle in a second Member State with an EU long-term resident in order to preserve family unity and to avoid hindering the exercise of the EU long-term resident's right of residence. With regard to the family members who are authorised to accompany or to join the EU long-term residents, Member States should pay special attention to the situation of adult children and of first-degree relatives in the direct ascending line who are dependent on them. Family members residing in a second Member State should be able to exercise the same rights as family members residing in the first Member State.

RemovedNecessary for internal coherence and linked to the key aim of the recast to enhance intra-EU mobility for third-country nationals.

RemovedRecital 38: (38) The Member State in which an EU long-term resident intends to exercise his or her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy and public security.

RemovedNecessary for internal coherence of the Directive and linked to the deletion of Article 20, which falls under the recast procedure.

Recital 39: (39) To avoid rendering the right of residence nugatory, EU long-term residents should enjoy in the second Member State equal treatment, under the conditions defined by this Directive, they enjoy in the Member State in which they acquired the status. The granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit if the person concerned no longer fulfils the requirements set by this Directive.

Change 8

RemovedNecessary for internal coherence and clarity of the Directive.

Recital 40: deleted

Change 9

RemovedNecessary for internal coherence and linked to Article 24(2).

AddedRecital 41: (41) EU long-term residents should acquire EU long-term resident status in the second Member State where they have moved and have decided to settle if they had been granted EU long-term resident status in the first Member State. In that case, EU long-term residents should benefit from the same rights and obligations as mobile Union citizens, in particular concerning social security, social assistance and social protection as defined by national law in accordance with this Directive, as well as all rights and procedural safeguards in this Directive.

RemovedRecital 41: (41) Third-country nationals should be granted the possibility of acquiring EU long-term resident status upon their arrival or as long as they possess a valid EU long-term residence permit in the first Member State. To exercise intra-EU mobility, EU long-term residents should present their EU long-term residence permit from the first Member State and a valid travel document. In case of doubt, Member States may ask an EU long-term resident to present evidence that all conditions in the first Member State are fulfilled. Where necessary, Member States may require an EU long-term resident to provide a proof of income for the past six months and evidence of a sickness insurance. It should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long-term residents other than those who are workers or self-employed persons or their family members, prior to the completion of three years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self-employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of thre…

AddedRecital 43 a (new): (43a) The Commission should assess the possibility of establishing a network between the Member States’ labour and economy ministries, for the purpose of sharing information and best practices in the field of employment and social affairs, including on national labour market forecasts and anticipated shortages in sectors for which cooperation with third countries should be developed. In the development of the EU Talent Pool, the Commission should assess the inclusion of third-country nationals who are mobile within the Union, covered by this Directive and other Union instruments on legal migration.

RemovedNecessary for internal coherence and reflects changes introduced under the recast procedure.

AddedArticle 1 – paragraph -1 (new): -1. The purpose of this Directive is to create a harmonised EU long-term resident status and establish rules on the procedures and rights associated with that status. / This Directive aims to ensure the equal treatment of third-country nationals as referred to in Article 12, foster their integration and social inclusion, and enhance the right to mobility for EU long-term residents within the Union (‘intra-EU mobility’). The rules set out in this Directive also aim to increase the Union’s attractiveness to third-country skills and talents.

Change 10

ChangedArticle 1 – paragraph 1 – point a: (a) the terms for conferring, non-renewingrenewing and withdrawing EU long-term resident status granted by a Member State in relation to third-country nationals legally and continuously residing in its territory, and the rights pertaining thereto; and

Change 11

RemovedLinguistic changes introduced to reflect the provisions set out in Article 1. Necessary for internal clarity of the Directive.