34 Amendments of Jeroen LENAERS related to 2022/0134(COD)
Amendment 138 #
Proposal for a directive
Recital 5
Recital 5
(5) The prospect of obtaining EU long- term resident status in a Member State after a certain time is an imopportant elementunity for the full integration of beneficiaries of international protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.
Amendment 175 #
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. QProfessional 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. _________________ 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 233 #
Proposal for a directive
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) have a residence permit granted on the basis of any type of investment in a Member State.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 2 – point f b (new)
Article 3 – paragraph 2 – point f b (new)
(fb) have a residence permit because of impediments to the enforcement of a return decision, unless the impediments is beyond the applicant's control.
Amendment 241 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated twoat least three 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. Periods for which an application is being processed shall only be considered by the Member State that assessed the application.
Amendment 248 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, where the third- country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status. Any period of residence as a holder of a long-stay visa or residence permit issued under national law shall only be considered by the Member State that granted the long-stay visa or residence permit according to its national law.
Amendment 255 #
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 may take into account the level of minimum wages and pensions prior to the application for long-term resident status;
Amendment 269 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permitthe applicants to comply with stricterthe same resources and integration conditions thanas those imposed on applicants for such nationalEU long- term residencet permits.
Amendment 271 #
Proposal for a directive
Article 6 – title
Article 6 – title
6 Public policy and publicinternal security
Amendment 272 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States may refuse to grant EU long-term resident status on grounds ofwhere the person concerned constitutes a threat to public policy or publicinternal security.
Amendment 276 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 280 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. To acquire EU long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by be in possession of a valid travel document or its certified copythat confirm his/her identity. .
Amendment 285 #
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 rdeasonable deadlinedline of not more than 2 months for presenting or providing them. 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 mayshall be rejected.
Amendment 294 #
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. The period referred to in Article 7(2) shall be suspended until the authorities have received the reply pursuant to paragraph 5 and 6 of this Article.
Amendment 295 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) detection of fraudulent acquisition of EU long-term resident status or through bribery;
Amendment 297 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of 124 consecutive months or a total of 18 months within a 24-month period.
Amendment 300 #
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) in the event of repeated criminal activity in one or more Member States, other than that Member State granting the status of long term residency.
Amendment 302 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 124 consecutive months or a total of 18 months within a 24-month period, shall not entail withdrawal or loss of status.
Amendment 306 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.
Amendment 310 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
In any case after sixfive years of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.
Amendment 312 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
By way of derogation from the second subparagraph, the Member State concerned may provide that for specific reasons the EU long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding sixfive years.
Amendment 314 #
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 3
Article 9 – paragraph 6 – subparagraph 3
Amendment 325 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long- term resident applicants to pay higherthe same fees than those imposed on applicants for national residence permits.
Amendment 343 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may take a decision ending the legal stay of an EU long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or publicinternal security or when he/she has committed a crime where prison is within the range of punishment.
Amendment 348 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the duration of residence in their territory and the periods of absence as provided in paragraphs 1 and 2 of Article 9;
Amendment 352 #
Proposal for a directive
Article 13 – paragraph 3 – point d a (new)
Article 13 – paragraph 3 – point d a (new)
(da) where applicable, the seriousness and type of criminal activity or the danger for repetitive criminal activity
Amendment 371 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation fromIn compliance with Article 14(2) of Directive 2003/86/EC, Member States shall notmay examine the situation of their labour market when they find it relevant.
Amendment 376 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;
Amendment 398 #
Proposal for a directive
Article 19 – title
Article 19 – title
19 Public policy and publicinternal security
Amendment 401 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Amendment 410 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 421 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The obligation to take back shall also apply for such criminal activities as set out in Article 9 c.
Amendment 423 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Upon application, the second Member State shallmay grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.