Prospects for changes in the migration policy of the European Union member states as seen by REVERA lawyers

Private Clients by REVERA lawyers analyzed the amendments to Directive 2003/109/EC "On the status of third-country nationals with permanent residence status in the EU" were discussed in 2023 and suggested what changes in the national legislation of the EU countries can be expected in the near future. Directive 2003/109/EC is the document sets out the rules and deadlines for obtaining permanent residence in EU countries, as well as the rules for the movement and relocation of such persons to other EU countries.

Reduction of the period of stay within the EU territory to obtain permanent resident status

The amendments stipulate the period of legal residence within the territory of an EU member state to obtain the status of a permanent residence permit must be at least 3 years. Previously, in order to obtain a permanent residence permit in an EU member state, it was necessary to stay in the country for a minimum of 5 years and renew residence permit annually.

Ability to leave the country for a longer period of time

The holder of a European residence permit will be granted to stay outside the country where the primary residence permit was obtained, due to study, work, or other valid reason, longer than the currently established terms, and subsequently extend the residence permit, even if the required days of stay are not enough.

Reside from one EU member state to another EU member state without loss of status

A person who has a Permanent Residence Card of one EU member state will be able to legally move to another EU member state and upon arrival in the country will be able to exchange the Permanent Residence Card of the previous country for the Permanent Residence Card of the country arrived in.

Speeding up the applications processing by migration authorities

Consulates and migration authorities of EU member states will have to process applications for residence permits and permanent residence permits within a maximum of 60 days.
For our part, we note that strict compliance with this rule will indeed have a positive impact on the migration sphere. For example, in 2023, we observed in the example of migration authorities in Portugal that the waiting time for issuance of national visa type "D" or residence permit cards was 2 times longer.

Granting permanent residence status to children of EU permanent resident status holders

Automatic long-term residence status will have to be granted to children of persons who already hold an EU residence permit or permanent residence permit.

Please note that even if the recommendations of the Council of Europe are adopted and the above Directive is amended, it will be up to the member states of the European Union to amend their national legislation.

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