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EUROPEAN UNION

How Europe plans to ease long-term residence rules for non-EU nationals

Non-EU citizens living in the European Union are eligible for a special residence status that allows them to move to another country in the bloc. Getting the permit is not simple but may get easier, explains Claudia Delpero.

EU flags at the European Commission Berlaymont building (Photo by Guillaume Périgois on Unsplash)

The European Commission proposed this week to simplify residence rules for non-EU nationals who live on a long-term basis in the European Union.

The intention is to ease procedures in three areas: acquiring EU long-term residence status, moving to other EU countries and improving the rights of family members. 

But the new measures will have to be approved by the European Parliament and the EU Council, which is made of national ministers. Will EU governments support them?

What is EU long-term residence?

Non-EU citizens who live in EU countries on a long-term basis are eligible for long-term residence status, nationally and at the EU level. 

This EU status can be acquired if the person has lived ‘legally’ in an EU country for at least five years, has not been away for more than 6 consecutive months and 10 months over the entire period, and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as passing a test on the national language or culture knowledge. 

The EU long-term residence permit is valid for at least five years and is automatically renewable. But the status can be lost if the holder leaves the EU for more than one year (the EU Court of Justice recently clarified that being physically in the EU for a few days in a 12-month period is enough to maintain the status).

READ ALSO: IN NUMBERS: How many non-EU citizens live in European Union countries?

Long-term residence status grants equal treatment to EU nationals in areas such as employment and self-employment or education. In addition, EU long-term residence grants the possibility to move to other EU countries under certain conditions. 

What does the European Commission want to change?

The European Commission has proposed to make it easier to acquire EU long-term residence status and to strengthen the rights associated with it. 

Under new measures, non-EU citizens should be able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. 

This, however, will not apply to individuals who used a ‘residence by investment’ scheme to gain rights in the EU, as the Commission wants to “limit the attractiveness” of these routes and not all EU states offer such schemes. 

All periods of legal residence should be fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds. Stays under a short-term visa do not count.

Children who are born or adopted in the EU country having issued the EU long-term residence permit to their parents should acquire EU long-term resident status in that country automatically, without residence requirement, the Commission added.

READ ALSO: Why it may get easier for non-EU citizens to move to another European Union country

EU countries should also avoid imposing a minimum income level for the resources condition but consider the applicant’s individual circumstances, the Commission suggests.

Integration tests should not be too burdensome or expensive, nor should they be requested for long-term residents’ family reunifications. 

The Commission also proposed to extend from 12 to 24 months the possibility to leave the EU without losing status, with facilitated procedures (no integration test) for the re-acquisition of status after longer absences.

A person who has already acquired EU long-term residence status in one EU country should only need three years to acquire the same status in another EU member state. But the second country could decide whether to wait the completion of the five years before granting social benefits. 

The proposal also clarifies that EU long-term residents should have the same right as EU nationals with regard to the acquisition of private housing and the export of pensions, when moving to a third country. 

Why make these changes?

Although EU long-term residence exists since 2006, few people have benefited. “The long-term residents directive is under-used by the member states and does not provide for an effective right to mobility within the EU,” the Commission says. 

Around 3.1 million third-country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one. “we would like to make the EU long-term residence permit more attractive,” said European Commissioner for Home Affairs Ylva Johansson.

The problems are the conditions to acquire the status, too difficult to meet, the barriers faced when moving in the EU, the lack of consistency in the rights of long-term residents and their family members and the lack of information about the scheme.

Most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one, an evaluation of the directive has shown.

READ ALSO: Pensions in the EU: What you need to know if you’re moving country

This proposal is part of a package to “improve the EU’s overall attractiveness to foreign talent”, address skill shortages and facilitate integration in the EU labour market of people fleeing Ukraine. 

On 1 January 2021, 23.7 million non-EU nationals were residing in the EU, representing 5.3% of the total population. Between 2.25 to 3 million non-EU citizens move to the EU every year. More than 5 million people have left Ukraine for neighbouring states since the beginning of the war in February. 

Will these measures also apply to British citizens?

These measures also apply to British citizens, whether they moved to an EU country before or after Brexit. 

The European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for a long-term residence too.

As Britons covered by the Withdrawal Agreement have their residence rights secured only in the country where they lived before Brexit, the British in Europe coalition recommended those who need mobility rights to seek EU long-term residence status. 

These provisions do not apply in Denmark and Ireland, which opted out of the directive.

What happens next?

The Commission proposals will have to be discussed and agreed upon by the European Parliament and Council. This is made of national ministers, who decide by qualified majority. During the process, the proposals can be amended or even scrapped. 

In 2021, the European Parliament voted through a resolution saying that third-country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

READ ALSO: COMPARE: Which EU countries grant citizenship to the most people?

EU governments will be harder to convince. However, presenting the package, Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas, said proposals are likely to be supported because “they fit in a broader framework”, which represents the “construction” of the “EU migration policy”. 

National governments are also likely to agree because large and small employers face skill shortages, “especially in areas that are key to our competitiveness, like agri-food, digital, tourism, healthcare… we need people,” Schinas said.

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

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TRAVEL NEWS

Summer travel between Spain and the UK: What can I not pack in my suitcase?

If you're travelling between Spain and the UK this summer and want to take some of your favourite treats with you, here's what you should know about the food and drink rules post-Brexit so you don't get caught out by customs.

Flying to the UK from Spain

For those flying to the UK from Spain, the rules are relatively lax.

Note, if you’re spending the summer in Northern Ireland there are different rules on food and animal products. Find them here. 

You can bring the following products from Spain into the UK without worrying about any restrictions:

  • bread, but not sandwiches filled with meat or dairy products
  • cakes without fresh cream
  • biscuits
  • chocolate and confectionery, but not those made with unprocessed dairy ingredients
  • pasta and noodles, but not if mixed or filled with meat or meat products
  • packaged soup, stocks and flavourings
  • processed and packaged plant products, such as packaged salads and frozen plant material
  • food supplements containing small amounts of an animal product, such as fish oil capsules

Meat, dairy, fish and animal products

If, like many of us, you have friends and family already putting in their orders for stocks of jamón serrano, know that the rules on bringing meat, dairy, fish and other animal products into the UK are relatively relaxed. You can bring in meat, fish, dairy and other animal products as long as they’re from the EU, so your jamón and Manchego cheese are safe. 

You will still be able to bring cured Spanish ham from Spain to the UK. (Photo by Robyn Beck / AFP)
 

Alcohol allowance

For many, the big one, but there are some limits on how much booze you can bring in from Spain and the EU more generally. How much you can bring depends on the type of alcohol, so get up to speed on the limits and make sure your favourite Rioja and Cava aren’t taken off you or heavily taxed:

Limits:

  • beer – 42 litres
  • still wine – 18 litres
  • spirits and other liquors over 22 percent alcohol – 4 litres
  • sparkling wine, fortified wine (port, sherry etc) and other alcoholic drinks up to 22 percent alcohol (not including beer or still wine) – 9 litres

It’s worth knowing that you can split your allowance, for example you could bring 4.5 litres of fortified wine and 2 litres of spirits (both half of your allowance).

Flying into Spain from the UK

While British borders are laid back when it comes to travelling with food and drink, the rules are much tougher when entering the EU from the UK.

Most importantly, tea bags – longed for by Brits the world over – are allowed. Marmite, which is vegan, is also fine to bring but Bovril, which contains beef stock, is not.

Travellers arriving in the EU from Britain can, according to the European Travel Retail Confederation (ETRC), bring the following quantities of alcohol, so if you fancy a British tipple in Spain over the summer such as Pimm’s it is possible, within reason: 4 litres of still wine and 16 litres of beer, 1 litre of spirits, or 2 litres of sparkling or fortified wine.

If you arrive in the EU from a non-EU country, you cannot bring any meat or dairy products with you. That means no Wensleydale, no Cornish Brie in your ploughman’s lunch and no British bacon to enjoy in Spain for English breakfast fry-ups.

British cheese for your Ploughman’s lunch is not allowed. Photo: Glammmur / WikiCommons

The EU’s strict rules mean that all imports of animal-derived products technically come under these rules, so even your custard powder to make rhubarb fool or bars of your favourite chocolate are now banned, because of the milk.

Be aware, however Spanish customs do not always check your suitcase, so you may be able to get away with bringing in a small packaged item such as a chocolate bar, without it being confiscated. 

Similarly, if you’re planning on asking a friend or family member to bring you over some sweets, cakes, or other home comforts, be aware that the ban includes all products that contain any meat or dairy as an ingredient – which includes items like chocolate, fudge, and some sweets (because of the gelatine.)

You are allowed to bring a small quantity of fruit and vegetables as well as eggs, some egg products, and honey. Restricted quantities of fish or fish products are also allowed: eviscerated fresh fish products (gutted, with all the organs removed), and processed fishery products are allowed up to 20 kg or 1 fish, so you can enjoy some Scottish smoked salmon in Spain over the summer if you want.

If you’re travelling with kids, note that powdered infant milk, infant food and specifically required medical foods are allowed up to 2kg, as is the case for pet foods. 

Clotted cream for cream teas won’t be allowed to be brought into Spain. Photo: Tuxraider reloaded / WikiCommons

This means that even the classic British summertime favourites such as sausage rolls, scotch eggs, packaged trifle and clotted cream for your cream tea will not be allowed because of the meat and dairy they contain.

It is worth noting that these strict EU rules also apply to sending products by post, so if you were hoping to get around the newly applicable legislation by having someone send you a delivery some Devon fudge, they will probably be intercepted and confiscated by Spain’s postal service, unfortunately. 

READ ALSO: Are there limits on bringing medicines into Spain?

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