EUs' long-term residents.

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network_engineer
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EUs' long-term residents.

Post by network_engineer » Tue Mar 28, 2006 3:40 pm

Dear all,

Regarding this directive:

http://europa.eu.int/scadplus/leg/en/lvb/l23034.htm

and also having searched through the rest of the EUR-Lex, I need to ask:

What is the equation between long-term residents and permanent residents in EU? Or is there such a relation? I.e. with regard to third-country nationals.

If there is no such relation, then do I sense correctly that there is nothing like Permanent Residence / Permanent Residence Permit as far as the EU is concerned, i.e. the long-term residence permit is a glorified time-limited period? Further, is this type of permit automatically renewed at the end of the ten-year period? If no, if at the end of the ten year period, the foreigner is unemployed for a certain period, the foreigner's right to residence would not be extended?

Cheers.



EUs' long-term residents.

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network_engineer
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My mistake!!!

Post by network_engineer » Tue Mar 28, 2006 4:00 pm

Hi,

After reading through the Council Directive 2003/109/EC of 25 November 2003, I realised that the permit is kinda permanent, i.e. automatically renewable.

Cheers. :D

sy
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Location: Helsinki

Post by sy » Tue Mar 28, 2006 11:49 pm

My understanding is that the LONG-TERM RESIDENT STATUS is of permanent nature. It may be withdrawn only on certain grounds. The EC residence permit, which is just a proving document, shall be valid at least for 5 years, and shall be automatically renewable on expiry.

There are some strange differences between English version and other language versions of this web page (http://europa.eu.int/scadplus/leg/en/lvb/l23034.htm). In English version, it says:
Long-term residents will receive a resident permit that is standard for all Member States, valid for ten years and renewable automatically.

Long-term resident status may be withdrawn only on certain grounds which are set out in the Directive (absence from the territory for more than two years, fraudulent acquisition of the status).
While in other language versions, it says that the resident permit is standard for all Member States, permanent and renewable automatically. And the long-term residence status may be withdrawn only on certain grounds which are set out in the Directive (absence from the territory for more that 12 months, ...)

Anyway, in the Directive itself, the permit shall be valid for at least 5 years, and absence limit is 12 months.

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daryl
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Post by daryl » Wed Mar 29, 2006 10:12 am

sy wrote:My understanding is that the LONG-TERM RESIDENT STATUS is of permanent nature. It may be withdrawn only on certain grounds. The EC residence permit, which is just a proving document, shall be valid at least for 5 years, and shall be automatically renewable on expiry.

There are some strange differences between English version and other language versions of this web page (http://europa.eu.int/scadplus/leg/en/lvb/l23034.htm). In English version, it says:
Long-term residents will receive a resident permit that is standard for all Member States, valid for ten years and renewable automatically.

Long-term resident status may be withdrawn only on certain grounds which are set out in the Directive (absence from the territory for more than two years, fraudulent acquisition of the status).
While in other language versions, it says that the resident permit is standard for all Member States, permanent and renewable automatically. And the long-term residence status may be withdrawn only on certain grounds which are set out in the Directive (absence from the territory for more that 12 months, ...)

Anyway, in the Directive itself, the permit shall be valid for at least 5 years, and absence limit is 12 months.
The English SCADPlus text is clearly wrong and the other language editions are correct as far as I can see (I checked the Finnish and French language versions, anyway).

Article 8 of the Directive distinguishes between the status of long-term residence and the permit that is issued to a person with this status. This is similar, IMO, to the distinction between the status of refugee and the residence permit issued to a refugee, or to the status of citizen and the passport issued to a citizen. According to the Directive, the status is permanent and the permit is issued for at least five years.

daryl
Wo ai Zhong-guo ren


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