EU Long-Term Residence Permit

The EU Long-Term Residency Permit enables third-country nationals resident in an EU member state to reside permanently in the EU and have limited free movement rights across the union. Third-country nationals are citizens of countries outside the EU, European Economic Area (EEA), and Switzerland.

This residence pathway is governed by the EU Directive 2003/109/EC. The directive is a comprehensive document outlining eligibility requirements, the application process, the holder’s rights, permit terms and conditions for moving to other EU/non-EU countries, and other key aspects. The European Commission received a 2022 proposal to revise the directive to ensure that it meets contemporary immigration needs, which is currently under review.

In addition, the directive allows EU member states to apply their national laws to certain aspects of the permit’s requirement and process. Therefore, the national immigration laws of the country through which you are applying are key.

National Permanent Residence VS EU Long-Term Resident Status

• A national residence permit restricts mobility to within its member states. It may have more lenient eligibility requirements, such as shorter periods of residence, lower financial requirements, or lower language proficiency test scores
• When applying for EU Long-Term Resident Status, there are specific requirements on how time spent studying and waiting for an immigration decision is counted, whereas national permits typically treat all time spent in a country equally

Page Contents

• What is the EU Long-Term Residence Permit?
• Who is Eligible for the EU Long-Term Residence Permit?
• What Counts Towards the 5-Year Residence Requirement?
• EU Long-Term Residence Permit Application Process
• Required Documents for the EU Long-Term Residency Permit Application
• Application Fees for the EU Long-Term Residence Permit
• Rights and Benefits of EU Long-Term Residence Status
• Country-Specific Requirements and Variations
• Integration Requirements
• Renewal, Withdrawal, and Loss of Status
• Withdrawal of EU Long-Term Residency Permit
• Mobility Across EU Member States
• Timeline to Citizenship
• Common Challenges and Pitfalls
• How Can Total Law Help?
• Frequently Asked Questions

To be eligible for the EU Long-Term Residence Permit, you must:

• Have resided legally and continuously in the EU country for a minimum of five years
• Possess sufficient financial resources to cater for yourself and your family members without relying on public or social services
• Demonstrate evidence of public or private health insurance that covers you and your family members, if applicable. The insurance should cover the health risks typically covered by the public healthcare insurance system of the member state involved
• Have a clean criminal record and not be considered a threat to public security or policy
• Demonstrate that you have sufficient accommodation for yourself and members of your family
• Have a basic knowledge of the social life and history of the EU country
• Demonstrate sufficient knowledge of the country’s language

Most of the time spent residing in an EU Member State on a long-term visa counts toward the residency requirements. You cannot apply if your current residency permit is for studying, partaking in vocational training, visiting as an au pair or seasonal worker, or if you are waiting for an international protection application.

You are eligible to apply for the long-term residency permit if you are a graduate from the resident country, but have obtained a status that makes you eligible for EU Long-Term residency after your studies. However, the immigration authorities will halve the time spent on studies or vocational training when calculating the residence requirements.

You can also use the time spent awaiting a decision on an international protection application to apply for the permanent residence permit. If it is less than 18 months, the authorities will halve it same as the student visa stay. However, they will count the entire period if it exceeds 18 months.
Time spent on Digital Nomad visas in countries such as Spain and Portugal will count towards the residency requirement.

However, a temporary visa that permits remote work typically does not count toward the residency period. You should check the national law in your resident country if you are on a Digital Nomad or Remote Work visa before applying for long-term residence.

Your residency would not be considered continuous if you travel outside the member state for at least six consecutive months, or over ten months within the five-year residency period. However, member states may exercise discretion in exceptional circumstances or implement the rule differently in accordance with their national visa regulations.

This is the step-by-step application process for applying for the EU Long-Term Residence Permit.

Step 1: Meet the Requirements and Prepare the Required Documents

Evaluate the eligibility requirements and ensure that you meet them before you begin the application. Prepare the relevant documents by scanning, apostilling/legalising, or translating applicable ones. Also, complete the application form.

Step 2: Submit Your Application

EU countries allow you to apply for the Long-Term residence permit online, in person, or by post. If you are applying by post or in person, send your supporting documents and the application form to the appropriate immigration authority in the EU member state.
For online submissions, you can complete the electronic copy of the application form and upload your documents to the portal.

Step 3: Pay the Application Fee

Pay the application fee via the designated method. Most EU countries allow you to pay online using a credit or debit card.

Step 4: Await the Decision

The immigration authorities will review your application and decide. Processing time may take up to six months, although decisions may be reached sooner. You should endeavour to submit an error-free application to increase the chance of receiving your decision early.

Step 5: Applying for a Residence Card

If your application is successful, you can apply for the residence card. Typically, the acceptance letter you receive will inform you of how to receive your card. You will also receive a notification when your card is ready, and you can schedule an appointment to collect it.

Here are the documents you need for your EU Long-Term Residency Permit application:

• Application form
• Valid passport
• Passport-sized photograph that meets Schengen photo requirements
• Valid residence permit card, utility bills, rental contracts, evidence of employment, or other documents that demonstrate that you have resided in the country for an uninterrupted period of five years
• Payslips, bank statements, proof of employment, pension statements, or other documents that prove financial sufficiency
• Rental contracts, mortgage agreements, official housing registration, or other evidence of sufficient housing
• A health insurance certificate
• Police clearance certificate (It is advisable to submit one from your EU country of residence and your country of origin)
• Proof of integration, such as a language proficiency certificate or a civic integration test result

Apostilling or Translating Documents

EU member states typically require that you legalise/apostille a document issued abroad. It means obtaining a stamp from an eligible Foreign Affairs Ministry or consulate to verify authenticity.

You may also need to translate documents that are not in the official language(s) spoken in the European country you are applying for. Some countries, such as Spain, Germany, and France, have specific state-approved certified translators. However, the general rule is to use the services of a certified translator and ensure they include their seal and signature.

The application fee for an EU long-term residence permit varies by country. You will also need to pay for the residency card. Family members applying with you will typically need to pay their own application fee, and applicants under-18 usually have a lower fee than adults.

Here is a table showing the fees for the EU Long-Term Residence Permit in selected EU countries:

The EU Long-Term residence status grants you the right to:

• Be employed under an employer or be self-employed if the employment does not require you to exercise public authority
• Study formally, partake in vocational education, and be able to access academic grants
• Access social assistance, social security, and social protection, according to the national law of the issuing country
• Get your professional diplomas, certificates, and other qualifications recognised according to national law
• Access tax benefits
• Access goods and services that are available to the nationals of the country, and be able to purchase housing
• Be a member of, or be affiliated with, professional organisations and benefit from them
• Freely access the territory of the member state in accordance with the national law

Renewing Your EU Long-Term Residency Permit

The EU Long-Term Residence status is valid indefinitely. However, you must renew the card/stamp every five years. It is advisable to apply for a renewal three months before your current permit expires.

The specific renewal process varies by country. In Spain, you need to submit an application to the Aliens Office or Police Station. In Finland, you can apply online or at a service point. Italy requires you to use the Yellow Kit, a postal package containing residence permit application forms, while France’s application is available online.

You will typically need to submit supporting documents with your application to demonstrate that you have resided legally in the EU during the previous five years. They include:

• Passport
• Passport-sized photograph
• Current residence permit card/document
• Proof of address
• Proof of income
• Renewal application fee payment receipt

The authorities will review your renewal application and communicate a decision. They will notify you on how to get your new card if your application is approved.

An issuing country may revoke a long-term residence permit if it discovers that the holder obtained it fraudulently, such as by submitting inaccurate information or wrong documents during the application process.

They can also revoke the permit if the holder was absent from the country of residence for 12 consecutive months. However, this decision is subject to national discretion.

Another notable reason for revocation is that a country considers the holder a threat to public policy or public security. If the permit was granted based on international protection, the member country may, with the holder’s permission, revoke the permit if they lose international protection status, either through expiry, revocation, or a decision not to renew.

If a country withdraws your long-term EU resident permit, you will typically be required to leave within 30 days of getting the decision. Your country of residence may permit you to remain if you can obtain an eligible national permit. Also, you can appeal an EU Long-Term Residence withdrawal status.

The grant of citizenship is determined by the national law of your country of residence. Most EU countries require you to have resided in the country for 5-10 years before you can be eligible to apply for citizenship.

All EU countries count the time you spend on the EU Long-Term residency towards a citizenship application. Here are the minimum residence requirements for citizenship in selected EU countries.

Your proof of language proficiency and integration is helpful for a citizenship application. In many cases, having an EU Long-Term Residence Permit increases your chances of obtaining citizenship, provided you meet the eligibility requirements.

Citizenship Application Process and Rights

Citizenship applications are typically processed online or in person, depending on the specific country. Ensure you meet the eligibility requirements, organise the relevant supporting documents, and apply to the appropriate authority. Depending on your situation, the authorities may request a citizenship interview.

The processing time is typically much longer than that for an EU Long-Term Residency Permit application and may take up to 1 year or more. If approved, you will usually need to take an oath of citizenship and obtain a passport.

Citizenship vs Permanent Residence Rights

Citizenship in an EU member state grants you improved rights that are not available with a long-term residence permit. You do not need any status to work or travel in your country of residence or other EU countries. It allows you to vote in elections and be voted for, access public services without restriction, obtain consular protection when necessary, and protection against deportation or expulsion.

It is essential to understand the possible challenges of the EU Long-Term Residency Permit application and how to handle them to help you navigate the process better.

Common Reasons for Rejection

Here are some common reasons immigration authorities may refuse your application for an EU Long-Term Residency Permit.

• Not meeting the residency requirements
• Constituting a threat to public safety and policy
• Engaging in fraudulent activities for the purpose of obtaining a visa
• Not meeting health requirements
• Submitting insufficient, wrong, poorly legislated, or improperly translated documents
• Insufficient income
• Missing procedural requirements, such as late application, missing appointments, or non-payment of application fees

Appealing a Rejection

The directive governing the EU Long-Term Residence Permit requires a country to formally notify you of its refusal decision and reason. It must grant you the right to appeal and notify you of the ways to do so.

You should submit an appeal within 14 days to one month of receiving the refusal letter. The process involves drafting a letter that includes your personal and application details, the reason for refusal, and updated information or pieces of evidence that may strengthen your case.

Submit the appeal to the appropriate authority, which will review it and communicate a decision thereafter. If the immigration authority refuses your appeal, you may be able to submit a judicial review at an appropriate court.

It is advisable to hire an immigration lawyer for your appeal case. They would guide you on the appropriate authority to submit your appeal to, prepare your case, and represent you where necessary.