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EUROPEAN UNION

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

Non-EU citizens living in the European Union, including Britons who moved both before and after Brexit, are eligible for a special residence status that could allow them to move to another EU country. Getting the permit is not straightforward but may get easier, explains Claudia Delpero.

Why it may get easier for non-EU citizens to move to another European Union country
The European Union flag flutters in the breeze with the landmark Television Tower (Fernsehturm) in the background, in Berlin's Mitte district on April 19, 2021. (Photo by David GANNON / AFP)

Residence rules for non-EU nationals are still largely decided by national governments.

In 2001 the European Commission made an attempt to set common conditions for all ‘third country nationals’ moving to the EU for work. But EU governments rejected the proposals.

The result was a series of EU laws addressing separately the status of highly skilled employees who are paid more than average and their families, scientific researchers and students, seasonal workers and intra-corporate transferees (employees transferred within a company). There are also common rules for non-EU family members of EU citizens.

But otherwise national rules apply. The majority of non-EU citizens who apply for residency in a European Union country are only allowed to live and work in the country they apply

But under EU law, non-EU citizens who live in the EU on a long-term basis can get the right to move for work to other EU countries if they manage to obtain EU “long-term resident” status.

This is effectively the same right that EU citizens have but is not the same as freedom of movement that comes with being an EU citizen.

The directive might not that well known to Britons, who due to Brexit have had to secure their residency rights in the country where they lived, but might be better known to nationals of other third countries.

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

This EU status is possible 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
  • can prove to have “stable and regular economic resources to support themselves and their family,” without relying on social assistance, and health insurance.
  • Some countries may also require to prove a “level of integration”.

The residence permit obtained in this way is valid for at least five years and is automatically renewable. But the long-term residence status can be lost if the holder is away from the EU for more than one year. 

The purpose of these measures was to “facilitate the integration” of non-EU citizens who are settled in the EU ensuring equal treatment and some free movement rights. 

But is this status easy for non- EU nationals to get in reality?

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.

But only few long-term non-EU residents have exercised the right to move to other EU countries,

One of the problems, the report says, is that most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one.

The procedures to apply are complex and national administrations often lack the knowledge or do not communicate with each other. Some countries still require employers to prove they could not find candidates in the local market before granting a long term residence permit to a non-EU citizen, regardless of their status.

Could it get easier?

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

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.

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

It will likely take months if not years to agree new rules with EU governments. And then there’s the question of putting them into practice.

What about for Brexit Brits?

British citizens who live in the EU may be asking ‘couldn’t we apply for this before Brexit and can we apply now’?

Some may well have applied before Brexit, but the reality was they still needed to secure their rights after their country left the EU under the Withdrawal Agreement. For many that has meant applying for a compulsory post-Brexit residency card.

Britons covered by the Brexit agreement have their residence rights secured only in the country where they lived before Brexit. In fact, they may be in a worse situation than non-EU citizens with a long-term residence permit, Jane Golding, former co-chair of the British in Europe coalition said.

“We have had the example of a British student who grew up in Poland. She wanted to study in the Netherlands and in principle would have had to pay international fees as a withdrawal agreement beneficiary. Her Ukrainian boyfriend, who has been in Poland for more than five years and has acquired long-term residence as a third country national, has mobility rights and the right to home fees,” she told Europe Street News.

But the European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for long-term residence too, in addition to their post-Brexit status, thus re-gaining the right to move to another EU country. Although again it shouldn’t be equated with freedom of movement and applying for the status will likely be an arduous task.

This law and its revision will also concern British citizens who will move to the EU in the future.

This 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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‘Double processing time’: Austria and Germany fear non-EU travellers face border delays

Germany, Austria and another of other countries in Europe's Schengen area admit they fear delays and insufficient time to test the process ahead of new, more rigorous EU border checks that will be introduced next year, a new document reveals.

'Double processing time': Austria and Germany fear non-EU travellers face border delays

Schengen countries are tightening up security at the external borders with the introduction of a new digital system (EES) to record the entry and exit of non-EU citizens in May 2023.

The EES will enable the automatic scanning of passports replacing manual stamping by border guards. It will register the person’s name, type of the travel document, biometric data (fingerprints and facial images) and the date and place of entry and exit. The data will be kept in a centralised database on a rolling three-year basis that is re-set at each entry. 

What the EES is intended to do is increase border security, including the enforcement of the 90-day short-stay limit for tourists and visitors. EU citizens and third-country nationals who reside in a country of the Schengen area will not be subject to such checks.

READ ALSO: Foreigners living in EU not covered by new EES border checks

But given its scale, the entry into operation of the system has been raising concerns on many fronts, including the readiness of the physical and digital infrastructure, and the time required for border checks, which could subsequently cause massive queues at borders.

A document on the state of preparations was distributed last week by the secretariat of the EU Council (the EU institution representing member states) and published by Statewatch, a non-profit organisation that monitors civil liberties.

The paper contains the responses from 21 (out of 26) member states to a questionnaire about potential impacts on passenger flows, the infrastructure put in place and the possibility of a gradual introduction of the new system over a number of months.

This is what certain the countries have responded. Responses from Denmark, Spain and Sweden do not appear in the report but the answers from other countries will be relevant for readers in those countries.

READ ALSO: What the EU’s new EES border check system means for travel

‘Double processing time’

Austria and Germany are the most vocal in warning that passport processing times will increase when the EES will become operational.

“The additional tasks resulting from the EES regulation will lead to a sharp increase in process times”, which are expected to “double compared to the current situation,” Austrian authorities say. “This will also affect the waiting times at border crossing points (in Austria, the six international airports),” the document continues.

“Furthermore, border control will become more complicated since in addition to the distinction between visa-exempt and visa-required persons, we will also have to differentiate between EES-required and EES-exempt TCN [third country nationals], as well as between registered and unregistered TCN in EES,” Austrian officials note.

Based on an analysis of passenger traffic carried out with the aviation industry, German authorities estimate that checking times will “increase significantly”.

France expects to be ready for the introduction of the EES “in terms of passenger routes, training and national systems,” but admits that “fluidity remains a concern” and “discussions are continuing… to make progress on this point”.

Italy is also “adapting the border operational processes… in order to contain the increased process time and ensure both safety and security”.

“Despite many arguments for the introduction of automated border control systems based on the need for efficiency, the document makes clear that the EES will substantially increase border crossing times,” Statewatch argues.

‘Stable service unlikely by May 2023’

The border infrastructure is also being adapted for collecting and recording the data, with several countries planning for automated checks. So what will change in practice?

Austria intends to install self-service kiosks at the airports of Vienna and Salzburg “in the course of 2023”. Later these will be linked to existing e-gates enabling a “fully automated border crossing”. Austrian authorities also explain that airport operators are seeking to provide more space for kiosks and queues, but works will not be completed before the system is operational.

Germany also plans to install self-service kiosks at the airports to “pre-capture” biometric data before border checks. But given the little time for testing the full process, German authorities say “a stable working EES system seems to be unlikely in May 2023.”

France will set up self-service kiosks in airports, where third-country nationals can pre-register their biometric data and personal information before being directed to the booth for verification with the border guard. The same approach will be adopted for visitors arriving by bus, while tablet devices such as iPads will be used for the registration of car passengers at land and sea borders.

Italy is increasing the “equipment of automated gates in all the main  airport” and plans to install, at least in the first EES phase, about 600 self-service kiosks at the airports of Rome Fiumicino, Milan Malpensa, Venice and in those with “significant volumes of extra-Schengen traffic,” such as Bergamo, Naples, Bologna and Turin.

Switzerland, which is not an EU member but is part of the Schengen area, is also installing self-service kiosks to facilitate the collection of data. Norway, instead, will have “automated camera solutions operated by the border guards”, but will consider self-service options only after the EES is in operation.

Gradual introduction?

One of the possibilities still in consideration is the gradual introduction of the new system. The European Commission has proposed a ‘progressive approach’ that would allow the creation of “incomplete” passenger files for 9 months following the EES entry into operation, and continuing passport stamping for 3 months.

According to the responses, Italy is the only country favourable to this option. For Austria and France this “could result in more confusion for border guards and travellers”. French officials also argue that a lack of biometric data will “present a risk for the security of the Schengen area”.

France suggested to mitigate with “flexibility” the EES impacts in the first months of its entry into service. In particular, France calls for the possibility to not create EES files for third-country nationals who entered the Schengen area before the system becomes operational, leaving this task to when they return later.

This would “significantly ease the pressure” on border guards “during the first three months after entry into service,” French authorities said.

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