34 Amendments of Jana TOOM related to 2022/0134(COD)
Amendment 146 #
Proposal for a directive
Recital 9
Recital 9
(9) TIn order to further promote the attractiveness of the Long-term Resident Status, the required period of residence for the acquisition of EU long-term resident status should be reduced to three years, of which at least one year of residence should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third- country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in anothery Member State for the purpose of cumulating periods.
Amendment 155 #
Proposal for a directive
Recital 11
Recital 11
(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but tThey may not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant, in particular the minimum should not be set above the minimum wage or pension. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long- term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient.
Amendment 158 #
Proposal for a directive
Recital 12
Recital 12
Amendment 164 #
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, third-country nationals who wish to acquire and maintain EU long- term resident status should not constitute a threat to public policy or public security. The notion of public policy may cover a conviction for committing a serious crime. The decision whether a third-country national constitutes a threat to public policy or public security shall be made in accordance with procedures enshrined in national legislation, with the right to appeal by the applicant in national court.
Amendment 171 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to constitute a genuine instrument for the integration of EU long- term residents into the society in which they live, EU long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive. Where Member States grant equal treatment to EU long-term residents in economic and social matters or other matters, such as electoral participation, all holders of EU long-term resident status should be treated equally. For this purpose, Member States should not restrict the enjoyment of such benefits by certain holders of EU long-term resident status on the basis of their nationality.
Amendment 173 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualificationsand occupational diplomas, certificates and other qualifications, as well as skills and competences, acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. For the validation and recognition of the skills, competences and qualifications of third-country nationals in occupational professions, including vocational training, a common Union framework should be developed based on objective and uniform criteria, to support Member States and to facilitate the integration of third-country nationals into the labour market as well as to support intra-EU labour mobility. _________________ 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 177 #
Proposal for a directive
Recital 22
Recital 22
(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions . Member States should not be allowed to revoke the status of such residents and remove them from their territory, unless the resident concerned has been given the possibility to appeal. Under no circumstances are Member States permitted to revoke the residency rights from persons with EU long-term residency status, resulting in the person being removed from the territory unless all possibilities for appeal have been exhausted.
Amendment 185 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to work for spousefamily members should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society. Furthermore, given that respect for family life and its protection is an essential element for the integration of EU long-term residents, the residence permit for the children of EU long-term residents should be interconnected to their residence permit. When a person acquires EU long-term resident status, his or her dependent children who are residing with them should acquire the EU long-term resident status automatically in the territory of the EU Member State having issued the EU long-term residence permit to that person, in particular without being subject to the requirement of prior residence.
Amendment 192 #
Proposal for a directive
Recital 27
Recital 27
Amendment 201 #
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. Member States should not be permitted to change the conditions for the renewal of the EU long-term residency for those persons who have acquired the status in the past or introduce additional requirements.
Amendment 202 #
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures andto obtain the respective statuses as well as access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower thanequal to the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, including the provision of that information indifferent languages, including English, and training programmes provided to the competent migration authorities.
Amendment 204 #
Proposal for a directive
Recital 30
Recital 30
(30) Residence of EU long-term residents in other Member States should be facilitated and promoted. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long- term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imb, to supporting sustainable economic growth and to rebalancing disparities within and between regions. Furthermore, the intra-EU mobility of EU long-term residents and their family members can have social ancd cultural added value for EU Member States.
Amendment 208 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, noLabour market checks constitute a barrier to effective intra-EU mobility. Therefore, Member States should not carry out any check of the labour market situation should be carried outin a second Member State when examining applications for residence in athat second Member State for the exercise of an economic activity in an employed or self-employed capacity.
Amendment 211 #
Proposal for a directive
Recital 35
Recital 35
(35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. EU long-term residents should be entitled to begin employment or study at the latest 30 days after submitting the application for residenceAt the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or study in the second Member State.
Amendment 215 #
Proposal for a directive
Recital 36
Recital 36
(36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional diplomas, certificates and other qualifications should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law.
Amendment 236 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long- term resident status to third-country nationals who have resided legally and continuously within its territory for fivthree years immediately prior to the submission of the relevant application.
Amendment 246 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated twoone years of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State.
Amendment 256 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and mayshall take into account the level of minimum wages and pensions prior to the application for long-term resident status;
Amendment 262 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and mayshall take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level, below which all applications for EU long- term resident status would be refused, irrespective of an actual examination of the situation of each applicant.
Amendment 263 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 277 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 283 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The reasonable deadline shall not be stricter than the equivalent deadline imposed on applicants for national permits. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected. In addition, the competent authority should accept documentary evidence to determine by national law that he/she meets the conditions set out in Articles 4 and 5 in any of the official EU languages, and, at the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or to study.
Amendment 291 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States are prohibited from introducing any conditions for the renewal of the EU long-term residency status to those persons that have acquired the status.
Amendment 341 #
Proposal for a directive
Article 12 – paragraph 7
Article 12 – paragraph 7
7. Where Member States issue national residence permits in accordance with Article 14, they shall grant EU long- term resident permit holders the same equal treatment rights as those granted to holders of national residence permits, where such equal treatment rights are more favourable than those provided for in this Articlewhich grant equal treatment rights that are more favourable than those provided for in this Article, Member States shall ensure that EU long- term residents are also granted those equal treatment rights.
Amendment 342 #
Proposal for a directive
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
Amendment 344 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Where a decision ending the legal stay of an EU long-term resident has been adopted, the national authorities shall duly inform the person concerned in written communication. The judicial redress mechanism as well as the right of the person to reside on the territory until all appeals have been exhausted, as specified in Article 7, shall be included in the written communication.
Amendment 355 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where a decision ending the legal stay of an EU long-term resident has been adopted, a judicial redress procedure shall be available to the EU long-term resident in the Member State concerned. The legal stay cannot be ended before all appeals have been exhausted before the court of law.
Amendment 379 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 383 #
Amendment 384 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 3
Article 17 – paragraph 3 – subparagraph 3
Amendment 385 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 3
Article 17 – paragraph 3 – subparagraph 3
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses. However, Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit that are stricter than those imposed on applicants for such national residence permits in the second Member State, such as conditions and requirements related to resources, integration or administrative application procedures.
Amendment 392 #
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 3
Article 17 – paragraph 4 – subparagraph 3
With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional diplomas, certificates and other qualifications, in accordance with applicable Union and national law.
Amendment 393 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The EU long-term resident shall be allowed to commence work or study in the second Member State not later than 30 days after the date of submission of the complete application. At the latest 30 days after the submission of the complete application by an EU long-term resident, Member States shall ensure that he or she is entitled to begin employment or study in the second Member State. Furthermore, the authorities of the Second Member state shall not examine the situation of their labour market when assessing the application of a Long-Term Residence permit.
Amendment 438 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, including the possible benefits of reducing this period, taking into account, inter alia, the different factors relevant for the integration of third- country nationals across Member States. The Commission shall also assess the possibility of establishing a network between the Member States’ labour ministries, for the purpose of sharing information on national labour market forecasts and anticipated shortages in sectors for which cooperation with third countries and the development of talent partnerships should be considered.