REGINE Regularisations in Europe Final Report - European ...

OPTION 6: STRENGTHENING THE PRINCIPLE OF LONG-TERM RESIDENCE
AS A SOURCE OF RIGHTS BY EXPANDING 2003/109/EC 349 TO PERSONS
NOT COVERED BY THE DIRECTIVE AND BY PROPOSING AUTOMATIC
ACQUISITION OF THE LONG-TERM RESIDENCE STATUS
Description: The Commission should, by analogy with the proposed expansion 350 of the scope of
Directive 2003/109/EC to TCN beneficiaries of international protection, specify conditions under
which the long-term residence directive should be applicable to other legal immigrants on short-term
bases not currently covered. Such provisions should ensure that Member States do not circumvent the
provisions of the directive (by using temporary statuses for de facto long-term purposes) by
specifying conditions under which the status has to be awarded. In addition, an amendment should
establish under which conditions Member States should permit a change from a temporary to a
permanent status that would make a permit holder (eventually) eligible for long-term residence. Rules
are also needed regarding the award of credits for years of residence on temporary permits that must,
in turn, be taken into account when considering entitlements to long-term residence status. Possible
criteria could include changes of personal circumstances, humanitarian concerns, de facto length of
residence, etc. As a corollary, the Commission could propose to establish automatic acquisition of the
long-term status after legal residence has exceeded a certain de facto duration.
Rationale and possible impact: Exclusion from access to the long-term residence status may
encourage unlawful activities, particularly with vulnerable persons. Expanding the scope of the
directive and introducing an automatic acquisition of the status would also increase security of
residence for persons who were admitted on a short-term basis.
What supports EC action? The legal framework in principle already exists and would only have to
be amended. The Commission should also be concerned to develop a rights-based approach towards
long-term residents, in line with the jurisprudence of the ECtHR (see §6.2)
What works against EC action? There is likely to be strong resistance by Member States to
extending the personal scope of the directive to persons not yet covered. Similarly, establishing an
automatic right to acquisition of long-term status is also likely to meet with resistance. The
Commission could counter such resistance by commissioning research on practices and experiences
of persons not covered by the directive, suggesting best practice models and alternatives for minimum
standards, e.g. automatic acquisition if no further information is needed by authorities, more than five
years residence requirement for persons outside the scope of the directive, etc.
Option 6a: Facilitating access to long-term residence status: reconsidering or limiting
the use of conditions with respect to acquiring the status
Description: Member States should reconsider conditions for acquiring long-term resident status and
elaborate a set of criteria under which conditions the requirements may be waived
349 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who
are long-term residents.
350 COM (2007) 298 final.
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