Long-term residence

Results for all 28 MIPEX II countries

See: Long-term Residence Rankings

The best case

This is a composite of the best policy practices from the MIPEX normative framework of high European standards. Each of these practices was found, as of 1st March 2007, in at least one of the 28 countries.

After five years (or less) of legal residence, a migrant is eligible to become a long-term resident and full ‘civic citizen'. Her time as a student or asylum seeker counts towards this requirement. She goes through a fair, transparent, free and short procedure, without further conditions. Secure in her status, her application is only refused or her permit withdrawn if she is found guilty of either fraud in trying to acquire it or of a serious crime. She has equal access to education and vocational training as nationals. She has the right to accept any job, except if she would have to exercise public authority. If she becomes ill, injured, pregnant or homeless, she can rely on social security, social assistance, healthcare, and housing support.


The worst case
This is a composite of the worst policy practices that MIPEX found, as of 1st March 2007, in at least one of the 28 countries.

To be eligible for long-term residence, a migrant must wait eight yearsor more, only leaving the country for short periods at a time. Many conditions are put in his way. He must pass a mandatory integration course and expensive written test in order to prove that he has a high-level of knowledge of the country's language and culture. He must undergo a costly and lengthy procedure and pass restrictive employment, income and insurance requirements. Even as a long-term resident in his  community, his security of status is tenuous. Since he can never falter in meeting the original requirements, he can have his status withdrawn for numerous reasons, like becoming unemployed. He has little protection against expulsion and few legal guarantees. He continues to face exclusion and unequal treatment in economic and social life. When he retires after years of work, he loses his right to live in the country.


OBSERVATIONS
The countries with the most favourable policies are the Nordics (including DK), the Western Mediterranean, and the UK. The only EU-10 country in the top ten is PL. In the EU-25, eligibility is halfway to best practice, and rights associated are slightly favourable. Most migrants wait no more than five years to apply for a permit that lasts for at least five years. They then have equal access as nationals to most jobs, social security, social assistance, healthcare, and housing, and can also retire in the country. Yet, conditions and security of status are less favourable. The procedure is on average short, however those without a job or a certain income will not be considered long-term residents.



MIPEX normative framework

  • Tampere European Council Presidency Conclusions, 15 and 16 October 1999
  • Directive concerning the Status of Third-Country Nationals who are Long-Term Residents, 2003/109 of 25 November 2003.
  • Directive on the right of citizens and their family members to move and reside freely within the territory of the Member States, 2004/38/EC of 29 April 2004.
  • Immigration Law Practitioners' Association and the Migration Policy Group, The Amsterdam Proposal: Proposed directive on long-term residents, (Brussels, 2000).

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