Brussels, 18/07/2014 (Agence Europe) - A non-EU passport holder wishing to benefit from the status of long-term EU resident must have lived legally and without interruption in a member state for at least five years before being entitled to request such status, even if a member of his or her family already has this status, ruled the European Court of Justice in Case C-469/13 on Thursday 17 July.
EU Directive 2003/109/EC establishes a uniform status for long-term EU residents who do not hold the nationality of an EU member state. An Italian court asked the European Court of Justice whether the members of a family of a non-EU passport holder who holds the long-term resident status in the EU can be exempt from the five-year residence criterion for applying for long-term residence status. In the ruling, the European judges say that such an exemption is not possible because the five-year prior residence rule aims to ensure that the applicant has put down roots in the country and therefore must be complied with by the applicant personally.
The Court of Justice states that the “directive also permits the member states to issue residence permits of permanent or unlimited validity on terms more favourable than those laid down by the directive (but) permits issued on more favourable terms do not constitute EU long-term residents' residence permits (…) and do not confer the right of residence in other member states”. (JK)