Changes from report parliamentary committee draft to plenary report

AddedArticle 13 – paragraph 7: 7. Where a decision ending the legal stay of an EU long-term resident has been adopted, that EU long-term resident shall have the right to effective legal remedy in the Member State concerned in accordance with Article 10.

Change 34

ChangedArticle 1514 – paragraph 1: 1. The1 childrena residing(new): withWhere andMember dependentStates onissue annational EUresidence long-termpermits residentof inpermanent theor Memberunlimited Statevalidity, wherethey theshall EUgrant long-termthird-country residencenationals permitto waswhom issuedthey shallissue acquirethe EU long-term resident status automatically,the withoutsame beingrights, subjectprocedural tosafeguards theand conditionsadvantages setas outthose ingranted Articlesfor 4under andparallel 5.national Theschemes, EUwhere long-termsuch residentrights, shallsafeguards lodgeand anadvantages applicationare withmore favourable under the competentnational authoritiespermit. ofWhere thean MemberEU Statelong-term inresidence whichpermit he/sheis residesissued tounder obtainmore favourable conditions, the EU long-term residenceresident permitconcerned forshall hisenjoy orthe herrights child.under Chapter III after the conditions referred to in Article 4(1) are met.

Change 35

ChangedArticle 1514 – paragraph 1 ab (new): 1a.Where Bya waythird-country ofnational derogationalready fromholds Articlea 15(1)national ofpermanent Directiveresidence 2003/86/EC,permit in the best interestsaccordance ofwith athis childArticle, and in light of individual circumstances, Member States shallapplies grantfor autonomousan EU long-term residence permit toin childrenthe ofsame anMember EUState, long-termthe resident,Member uponState application,in afterquestion oneshall yearautomatically ofgrant residencean onEU thelong-term territoryresident ofstatus theto Memberthe Stateperson concerned.

Change 36

RemovedLinked to the recast’s aim to strengthen the rights of EU long-term resident’s family members. Consistent with the Charter of Fundamental Rights, in particular the right to family life.

AddedArticle 15 – paragraph 1: 1. The dependent children of an EU long-term resident shall acquire EU long-term resident status automatically, without being subject to any conditions. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term residence permit for his/her child.

Change 37

ChangedArticle 15 – paragraph 1 ba (new): 1b.1a. By way of derogation from Article 15(1) and (3) of Directive 2003/86/EC, in light of individual circumstances and for the purpose of protecting family members, Member States shall grant autonomousan EU long-term residence permit to family members of an EU long-term resident, upon application, after two years of legal and continuous residence of those family members in the territory of the Member State concerned.

Change 38

RemovedLinked to the recast’s aim to strengthen the rights of EU long-term resident’s family members. Consistent with the Charter of Fundamental Rights, in particular the right to family life. The following provision specifically aims to protect family members in the event of a change in the family situation or under particularly difficult circumstances, notably due to domestic violence.

AddedArticle 15 – paragraph 1 b (new): 1b. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes of calculation of the duration of residence required for the acquisition of an autonomous residence permit, residence in different Member States shall be cumulated. Member States may require one year of legal and continuous residence in the territory of the Member State where the application for the autonomous residence permit is submitted immediately prior to the submission of the application for the autonomous residence permit.

Change 39

ChangedArticle 15 – paragraph 1 c (new): 1c. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes4(2) ofand calculation4(3) of the duration of residence requiredDirective for2003/86/EC, the acquisitioncategories of an autonomous residencepersons permit,referred residenceto in different Member States shall be cumulated. Member States may require one year ofArticle legal4(2) and continuous residence in the territory4(3) of the Member State where the application for the autonomous residence permitthat isDirective submittedshall immediatelybe priorauthorised to thejoin submissionthe ofEU thelong-term applicationresident forin the autonomousMember residenceState permit.concerned.

Change 40

RemovedNecessary for internal coherence and inextricably linked to Article 21(4) which falls under the recast procedure.

RemovedArticle 15 – paragraph 1 d (new): 1d. By way of derogation from Article 4(2) and (3) of the Directive 2003/86/EC, the categories of persons referred to in Article 4(2) and (3) shall be authorised to join the EU long-term resident in the Member State concerned.

RemovedNecessary for internal coherence and linked to Article 18(2) which falls under the recast procedure.

Article 15 – paragraph 2: 2. By way of derogation from Article 4(1), third subparagraph, and from Article 7(2), first subparagraph, of Directive 2003/86/EC, the integration conditions and measures referred to therein may not be applied.

Change 41

ChangedArticle 15 – paragraph 3: 3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 30 days after the date of submission of the application for family reunification. When the applications where handedhandled simultaneously, the reunification shall be immediate. Article 7(2) and Article 10 of this Directive shall apply accordingly.

Change 42

ChangedArticle 15 – paragraph 4 a (new):4: 4a.4. By way of derogation from Article 14(1),14(2) pointof (b),Directive 2003/86/EC, Member States shall not examine the situation of thattheir Directivelabour market in relation to family members and family members shall have access to any employment,employment and to self-employed activity in accordance with applicable requirements under national law, in the Member State concerned.law.

Change 43

RemovedNecessary for internal coherence and in line with equal treatment provisions.

Chapter III – title: MOBILITY BETWEEN MEMBER STATES

Change 44

RemovedLinguistic change necessary for internal coherence.

AddedArticle 16 – paragraph 1: 1. For the purpose of exercising long-term mobility, an EU long-term resident shall acquire the right to reside in the territory of a second Member State, in accordance with Articles 17 and 26, provided that the conditions set out in this Chapter are met. The EU long-term resident shall apply for a residence permit in the first three months after entering the territory of the second Member State. The competent national authorities shall provide complete and easily understandable information about the differences in rights and procedural guarantees depending on the type of a residence permit.

RemovedArticle 16 – paragraph 1: 1. For the purpose of exercising long-term mobility, an EU long-term resident shall acquire the right to reside in the territory of a second Member State, in accordance with Articles 17 and 27, provided that the conditions set out in this Chapter and in Article 14(2) are met. The EU long-term resident shall apply for a residence permit in the first three months after entering the territory of the second Member State. The competent national authorities shall provide complete and easily understandable information about the differences in rights and procedural guarantees depending on the type of a residence permit.

AddedArticle 16 – paragraph 2 – point b: (b) pursuit of studies or training, including occupational and vocational training, apprenticeships, internships or traineeships;

RemovedNecessary for internal coherence and linked to Articles 17 and 25, which fall under the recast procedure. Linked to objective of the recast, in particular to enhance EU’s attractiveness in the eyes of third-country nationals, promote their integration in the Union’s labour market, and facilitate their right to intra-EU mobility.

AddedArticle 16 – paragraph 3 – subparagraph 2: deleted

Change 45

ChangedArticle 16 a (new): Article 16a / Short-term mobility / 1. For the purpose of exercising short-term mobility, where a third-country national who holds a valid EU long-term residence permit issued by a Member State that applies the Schengen acquis in full enters and stays in one or several Member States for a period of 90 days in any 180-day period for the purpose of carrying outexercising aan businesseconomic activity, the second Member State shall not require any authorisation for exercising such activity other than the EU long-term residence permit. / 2. A third-country national who holds a valid EU long-term residence permit issued by a Member State that does not apply the Schengen acquis in full shall be entitled to enter and stay for the purpose of carrying outexercising aan businesseconomic activity in one or several Member States for up to 90 days in any 180-day period on the basis of the EU long-term residence and a valid travel document. Where the EU long-term resident crosses an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU long-term resident to provide evidence of the business purpose of the stay. The second Member State shall not require any authorisation for exercising the business activity other than the EU long-term residence permit.

Change 46

RemovedNecessary for internal coherence and clarity, in particular to harmonise the Directive with more recent legal migration instruments, which include provisions on short-term mobility.

AddedArticle 17 – title: Long-Term mobility and residence in a second Member State

RemovedArticle 17 – title: Long-term mobility and residence in a second Member State

RemovedTechnical change necessary for internal coherence and clarity.

Article 17 – paragraph 1 – subparagraph 1: deleted

Change 47

RemovedNecessary for internal coherence, since this provision has been moved to Article 16(1) on the general principles.

AddedArticle 17 – paragraph 1 – subparagraph 2 a (new): The residence permit shall be issued in accordance with the rules and standard model as set out in Regulation (EC) No 1030/2002. Under the heading ‘remarks’, the Member States shall add that the applicant is ‘entitled to rights referred to in Chapter III of the EU long-term residence directive (Directive XXX).’

RemovedArticle 17 – paragraph 1 – subparagraph 1 a (new): The residence permit shall be issued in accordance with the rules and standard model as set out Council Regulation (EC) No 1030/2002. Under the heading ‘remarks’, the Member States shall add that the applicant is a ‘entitled to rights referred to in Chapter III of the EU long-term residence directive (Directive XXX).’

AddedArticle 17 – paragraph 2 – point a: (a) stable and regular resources, also made available by a third party, which are sufficient to maintain themselves and the dependent members of their families. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources in accordance with the evaluation provisions set out in Article 5(2). Member States shall also assess the individual circumstances of the applicant. To ensure compliance with non-discrimination, Member States shall consider recourse to social assistance in the evaluation of stable and regular resources, in the case of an applicant’s disability or incapacity to work due to circumstances such as pregnancy, injury, accident or disease, in accordance with national law;

RemovedNecessary for internal coherence and linked to improving the effectiveness and better implementation of the current Directive.

AddedArticle 17 – paragraph 3 – subparagraph 1: Member States may not require third-country nationals to comply with integration measures, in accordance with national law. The persons who acquired an EU long-term residence permit in the second Member State and their family members shall have access to free language courses.

RemovedArticle 17 – paragraph 2 – point a: (a) stable and regular resources, also made available by any third party, which are sufficient to maintain themselves and the dependent members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions. For the purpose of assessing the resources, the second Member State shall apply the same evaluation rules set out in Article 5(2). Gaps in between labour contracts of less than two months shall be considered irrelevant for the purpose of the assessment;

AddedArticle 17 – paragraph 3 – subparagraph 2: deleted

RemovedNecessary for internal coherence and inextricably linked to the Recital 11, Article 5, and this Article, all of which fall under the recast procedure. changes introduced in Recital 11, Article 5, and this Article.

AddedArticle 17 – paragraph 3 – subparagraph 3: deleted

RemovedArticle 17 – paragraph 3: deleted / (deleted) / (deleted)

AddedArticle 17 – paragraph 4 – subparagraph 1: The application shall be accompanied by the EU long-term residence permit and a valid travel or identification document or their certified copies.

RemovedNecessary to reflect the aim of the recast, in particular to promote integration of third-country nationals who settled legally and on a long-term basis in the Union. Considering this Directive covers nationals who have resided in the Union for a long-term basis, it is safe to assume that this specific category of third-country nationals are already integrated.

AddedArticle 17 – paragraph 4 – subparagraph 2 – introductory part: Additional documentary evidence shall be limited to:

RemovedArticle 17 – paragraph 4 – subparagraph 1: The application shall be accompanied by their EU long-term residence permit and a valid travel document or their certified copies.

AddedArticle 17 – paragraph 4 – subparagraph 2 – point b: (b) in case of study or training, including occupational and vocational training, the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or training.

RemovedNecessary for internal coherence and clarity.

AddedArticle 17 – paragraph 4 – subparagraph 2 a (new): Member States shall ensure that any requirement of such evidence is proprotionate and is not dissuasive.

RemovedArticle 17 – paragraph 4 – subparagraph 2 – introductory part: If applicable, additional documentary evidence shall be limited to:

AddedArticle 17 – paragraph 4 – subparagraph 3: With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional and occupational diplomas, certificates or other qualifications, in accordance with applicable Union and national law.

RemovedNecessary for internal coherence and linked to the changes introduced in the subparagraph above.

AddedArticle 17 – paragraph 5: 5. The EU long-term resident shall be allowed to commence work or study in the second Member State as soon as possible and no later than 30 days after the date of submission of the complete application.

Change 48

ChangedArticle 1718 – paragraph 4 –2: subparagraph2. 3:When Withthe regardEU tolong-term theresident exerciseexercises ofhis/her anright economicof activityresidence in a regulatedsecond professionMember asState definedand inwhen Articlethe 3(1),family pointwas (a),already ofconstituted Directivein 2005/36/EC,the forfirst theMember purposeState, ofthe applyingmembers forof ahis/her residencefamily permitpresent in athe secondfirst Member State, EU long-term residents shallother enjoythan equalthose treatmentreferred withto Unionin citizensArticle as4(1) regardsof recognitionDirective of2003/86/EC, professionalshall andbe occupationalauthorised qualifications,to inaccompany accordanceor withto applicablejoin Unionthe andEU nationallong-term law.resident.

Change 49

RemovedArticle 17 – paragraph 5: 5. The EU long-term resident shall be allowed to commence work or study in the second Member State immediately or no later than 30 days after the date of submission of the complete application.

RemovedArticle 18 – paragraph 1 a (new): 1a. Where the EU long-term resident exercises his or her right of residence in a second Member State, provisions and derogations set out in Article 15 of this Directive shall apply to family members joining an EU long-term resident in the second Member State.

RemovedNecessary for internal coherence and linked to provisions under Article 15, which falls under the recast. In line with the overall objective to enhance the rights of EU long-term resident’s family members and fundamental right to family life. In accordance with the principle of non-discrimination.

RemovedArticle 18 – paragraph 2: 2. By way of derogation from Article 4(2) and (3) of Directive 2003/86/EC, categories of persons referred to in Article 4(2) and (3) shall be authorised to accompany or to join the EU long-term resident in the second Member State.

RemovedNecessary for internal coherence and linked to provisions under Article 15, which falls under the recast. In line with the overall objective to enhance the rights of EU long-term resident’s family members and fundamental right to family life.

Article 18 – paragraph 4 – point c: deleted

Change 50

RemovedDeletion necessary for internal coherence and clarity. Linked to one of the aims of the recast, in particular facilitating intra-EU mobility of EU long-term residents and their family members. Additionally, the changes introduced in this paragraph are linked to Recital 10 and Article 17, which fall under the recast procedure.

AddedArticle 18 – paragraph 5: 5. Where the family was not already constituted in the first Member State, Article 15 of this Directive and Directive 2003/86/EC shall apply.