European Union: Revised EU Long-Term Residence Directive Negotiations Cease
March 7, 2024
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At a Glance
- The EU Council has decided to cease negotiations on amendments to the 2003 EU Long-Term Residence Directive following opposition from a limited number of EU Member States.
- Despite this development, EU Member States can continue to amend their national long-term residence regimes (if they have one) as they see fit.
- As a result of this decision, negotiations are unlikely to recommence, and the current EU Long-Term Residence Directive will not be amended for the foreseeable future.
The situation
The EU Council has decided to cease negotiations on amendments to the 2003 Long-Term Residence Directive, following opposition from a limited number of EU Member States.
Despite this development, EU Member States can continue to amend their national long-term residence regimes (if they have one) as they see fit.
Impact
- Status quo. As a result of this decision, the current EU Long-Term Residence Directive will not be amended for the foreseeable future.
- Fragmentation. This outcome forces foreign nationals to continue to prioritize the various national long-term residence regimes, increasing the risk of a fragmented and inconsistent approach to long-term residency policy across Europe.
Background
- Original Directive. The EU Long-Term Residence Directive was adopted in 2003 to facilitate integration, labor market access and intra-EU mobility.
- Revised Directive. The proposed amendments were part of attempts dating back to April 2022 to revise the original Directive and make it more attractive to foreign nationals, who currently tend to choose national long-term residence schemes over the EU equivalent. Among other goals, the proposed amendments sought to:
- Relax the eligibility conditions for EU long-term residence applicants, including through making it easier for foreign nationals to accumulate residence in multiple EU Member States, and allowing a wider range of residence types (including stays as a student, seconded employee or beneficiary of international protection) to count towards the accumulated residence time count.
- Increase mobility rights within Europe for EU Long-Term Residence Permit holders.
- Improve the labor market integration of permit holders, including through reducing work-related barriers to movement to other EU Member States (for instance, removing labor market testing requirements).
Looking ahead
It currently appears unlikely that negotiations will restart in the foreseeable future. The eligibility conditions and rights of EU Long-Term Residence Permit holders will remain unchanged.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
