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EUROPEAN UNION

Why it may get easier for non-EU citizens to move to another European Union country

Non-EU citizens living in the European Union, including Britons who moved both before and after Brexit, are eligible for a special residence status that could allow them to move to another EU country. Getting the permit is not straightforward but may get easier, explains Claudia Delpero.

Why it may get easier for non-EU citizens to move to another European Union country
The European Union flag flutters in the breeze with the landmark Television Tower (Fernsehturm) in the background, in Berlin's Mitte district on April 19, 2021. (Photo by David GANNON / AFP)

Residence rules for non-EU nationals are still largely decided by national governments.

In 2001 the European Commission made an attempt to set common conditions for all ‘third country nationals’ moving to the EU for work. But EU governments rejected the proposals.

The result was a series of EU laws addressing separately the status of highly skilled employees who are paid more than average and their families, scientific researchers and students, seasonal workers and intra-corporate transferees (employees transferred within a company). There are also common rules for non-EU family members of EU citizens.

But otherwise national rules apply. The majority of non-EU citizens who apply for residency in a European Union country are only allowed to live and work in the country they apply

But under EU law, non-EU citizens who live in the EU on a long-term basis can get the right to move for work to other EU countries if they manage to obtain EU “long-term resident” status.

This is effectively the same right that EU citizens have but is not the same as freedom of movement that comes with being an EU citizen.

The directive might not that well known to Britons, who due to Brexit have had to secure their residency rights in the country where they lived, but might be better known to nationals of other third countries.

READ ALSO: Which EU countries grant citizenship to the most people?

This EU status is possible if the person:

  • has lived ‘legally’ in an EU country for at least five years,
  • has not been away for more than 6 consecutive months and 10 months over the entire period
  • can prove to have “stable and regular economic resources to support themselves and their family,” without relying on social assistance, and health insurance.
  • Some countries may also require to prove a “level of integration”.

The residence permit obtained in this way is valid for at least five years and is automatically renewable. But the long-term residence status can be lost if the holder is away from the EU for more than one year. 

The purpose of these measures was to “facilitate the integration” of non-EU citizens who are settled in the EU ensuring equal treatment and some free movement rights. 

But is this status easy for non- EU nationals to get in reality?

Around 3.1 million third country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one.

But only few long-term non-EU residents have exercised the right to move to other EU countries,

One of the problems, the report says, is that most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one.

The procedures to apply are complex and national administrations often lack the knowledge or do not communicate with each other. Some countries still require employers to prove they could not find candidates in the local market before granting a long term residence permit to a non-EU citizen, regardless of their status.

Could it get easier?

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

In 2021, the European Parliament voted through a resolution saying that third country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

It will likely take months if not years to agree new rules with EU governments. And then there’s the question of putting them into practice.

What about for Brexit Brits?

British citizens who live in the EU may be asking ‘couldn’t we apply for this before Brexit and can we apply now’?

Some may well have applied before Brexit, but the reality was they still needed to secure their rights after their country left the EU under the Withdrawal Agreement. For many that has meant applying for a compulsory post-Brexit residency card.

Britons covered by the Brexit agreement have their residence rights secured only in the country where they lived before Brexit. In fact, they may be in a worse situation than non-EU citizens with a long-term residence permit, Jane Golding, former co-chair of the British in Europe coalition said.

“We have had the example of a British student who grew up in Poland. She wanted to study in the Netherlands and in principle would have had to pay international fees as a withdrawal agreement beneficiary. Her Ukrainian boyfriend, who has been in Poland for more than five years and has acquired long-term residence as a third country national, has mobility rights and the right to home fees,” she told Europe Street News.

But the European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for long-term residence too, in addition to their post-Brexit status, thus re-gaining the right to move to another EU country. Although again it shouldn’t be equated with freedom of movement and applying for the status will likely be an arduous task.

This law and its revision will also concern British citizens who will move to the EU in the future.

This article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

 

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BREXIT

French government clarifies post-Brexit rules on pets for second-home owners

Brexit hasn't just brought about changes in passport rules for humans, pets are also affected and now the French government has laid out the rules for pet passports for British second-home owners.

French government clarifies post-Brexit rules on pets for second-home owners

Pre-Brexit, people travelling between France and the UK could obtain an EU Pet Passport for their car, dog or ferret which ensured a hassle-free transport experience.

But since the UK left the EU things have become more complicated – and a lot more expensive – for UK residents wanting to travel to France with pets.

You can find a full breakdown of the new rules HERE, but the main difference for people living in the UK is that that they now need an Animal Health Certificate for travel.

Unlike the Pet Passport, a new ACH is required for each trip and vets charge around £100 (€118) for the certificate. So for people making multiple trips a year, especially those who have more than one pet, the charges can quickly mount up.

UK nationals who live in France can still benefit from the EU Pet Passport, but until now the situation for second-home owners has been a little unclear.

However the French Agriculture ministry has now published updated information on its website.

The rules state: “The veterinarian can only issue a French passport to an animal holding a UK/EU passport issued before January 1st, 2021, after verifying that the animal’s identification number has been registered in the Fichier national d’identification des carnivores domestiques (I-CAD).”

I-CAD is the national database that all residents of France must register their pets in – find full details HERE.

The ministry’s advice continues: “If not registered, the veterinarian may proceed to register the animal in I-CAD, if the animal’s stay in France is longer than 3 consecutive months, in accordance with Article 22 of the AM of August 1st, 2012 on the identification of domestic carnivores.”

So if you are staying in France for longer than 90 days (which usually requires a visa for humans) your pet can be registered and get a Pet Passport, but those staying less than three months at a time will have to continue to use the AHC.

The confusion had arisen for second-home owners because previously some vets had been happy to issue the Passport using proof of a French address, such as utility bills. The Ministry’s ruling, however, makes it clear that this is not allowed.

So here’s a full breakdown of the rules;

Living in France

If you are living in France full time your pet is entitled to an EU Pet Passport regardless of your nationality (which means your pet has more travel rights than you do. Although they probably still rely on you to drive the car/book the ferry tickets).

Your cat, dog or ferret must be fully up to date with their vaccinations and must be registered in the national pet database I-CAD (full details here).

Once issued, the EU Pet Passport is valid for the length of the animal’s life, although you must be sure to keep up with their rabies vaccinations. Vets in France usually charge between €50-€100 for a consultation and completing the Passport paperwork.

Living in the UK

If you are living in the UK and travelling to France (or the rest of the EU) you will need an Animal Health Certificate for your cat, dog or ferret.

The vaccination requirements are the same as for the EU Pet Passport, but an ACH is valid for only 10 days after issue for entry to the EU (and then for four months for onward travel within the EU).

So if you’re making multiple trips in a year you will need a new certificate each time.

UK vets charge around £100 (€118) for a certificate, although prices vary between practices. Veterinary associations in the UK are also warning of delays in issuing certificates as many people begin travelling again after the pandemic (often with new pets bought during lockdown), so you will need to book in advance. 

Second-home owners

Although previously some French vets had been happy to issue certificates with only proof of an address in France, the French government has now clarified the rules on this, requiring that pets be registered within the French domestic registry in order to get an EU Pet Passport.

This can only be done if the pet is staying in France for more than three months. The three months must be consecutive, not over the course of a year.

UK pets’ owners will normally require a visa if they want to stay in France for more than three months at a time (unless they have dual nationality with an EU country) – find full details on the rules for people HERE.

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