Council Resolution of 4 March 1996 on the status of third-country nationals residing on a long-term basis in the territory of the Member States
Date: 1996-03-04
Institutions: Council of the European Union
Subjects: foreign national, integration of migrants, legal status, residence permit, rights of aliens













EUR-Lex - 31996Y0318(02) - EN






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31996Y0318(02)

Council Resolution of 4 March 1996 on the status of third-country nationals residing on a long-term basis in the territory of the Member States  


Official Journal C 080 , 18/03/1996 P. 0002 - 0004 





COUNCIL  RESOLUTIONof 4 March 1996on the status of third-country nationals residing on a long-term basis  in the territory of the Member States(96/C 80/02)THE COUNCIL OF THE EUROPEAN  UNION, Whereas under Article K.1 (3) (b) of the Treaty on European Union the conditions of residence by  nationals of third countries on the territory of Member States are regarded as a matter of common  interest; Whereas the Member States must make progress in the adoption of measures to facilitate the  integration into the host society of third-country nationals settled in their territory as  long-term residents; Whereas the integration of long term residents contributes to greater security and stability, both  in daily life and in work, and to social peace in the various Member States; Whereas, in order to make progress in the integration of long-term residents in the territory of  the State in which they reside, a number of principles common to the Member States should be  defined; Whereas the application of such principles should not interfere with the application of national  laws on public policy, public health or public security, HEREBY ADOPTS THIS RESOLUTION: I The Council calls upon the Member States to take account in their policies on  integration of the persons referred to in II (1) below of the principles defined in this  resolution. II 1. This resolution shall apply to third-country nationals residing on a long-term basis in the  territory of Member States (hereinafter 'long-term residents'). 2. This resolution shall not apply to: (a) the following persons, where their right to freedom of movement is exercised pursuant to the  Treaty establishing the European Community or the Agreement on the European Economic Area: - members of the families of a citizen of the European Union, - nationals of the Member States of the European Free Trade Association party to the Agreement on  the European Economic Area, and members of their families; (b) nationals of third States whose status is governed by agreements concluded by the European  Community and its Member States with third countries, inasmuch as such agreements contain more  favourable provisions; (c) nationals of third States who have been admitted to a Member State for the purposes of study or  research. 3. This resolution shall not affect the rights of: - members of the family of a citizen of the European Union residing with the latter in the Member  State of which he is a national where the legislation of that Member State grants them, with  respect to residence, in situations where Community law does not apply, the same rights as are  granted to persons to whom Community law applies, - nationals of third countries legally resident in a Member State as refugees within the meaning of  the Geneva Convention on the status of refugees of 28 July 1951, - nationals of a third country with which the Member State concerned has concluded a bilateral  agreement governing the conditions of entry, residence or employment. 4. For the purposes of paragraphs 2 and 3, the term 'family members' shall be construed in  accordance with Community legislation. III 1. Without prejudice to the provisions of Point IV, the following third-country nationals  should be recognized in each Member State, as long-term residents: - those who provide proof that they have resided legally and without interruption in the territory  of the Member State concerned for a period specified in the legislation of that Member State and,  in any event, after 10 years' legal residence, - those who, under the legislation of the Member State concerned, are granted the same residence  conditions as the category of persons referred to in the first indent. 2. In accordance with their national laws, Member States should grant a residence authorization for  at least 10 years, or for a period corresponding to the longest period of validity under their  national law, which should tend to be of equivalent length, or an unlimited residence  authorization, to persons recognized as being long-term residents in accordance with paragraph 1  (1). IV 1. In any event, the granting of a residence authorization is subject to there being no public  policy or national security reasons for not so doing. 2. Where a person makes an application for a residence authorization on grounds of prior lawful,  uninterrupted residence in the Member State concerned, it should be possible for the factors  determining whether the authorization is to be granted to include the level and stability of the  means of existence which the applicant demonstrates, in particular whether he has health insurance,  and the conditions for exercising an occupation. V 1. A long-term resident and the members of his family should, in accordance with the  legislation of the Member State in which they reside, have access to the entire territory of that  Member State. 2. A long-term resident and the members of his family legally resident with him should enjoy no  less favourable treatment than is enjoyed, in accordance with the legislation of the Member State  concerned, by nationals of that Member State with regard to: - working conditions, - membership of trade unions, - public policy in the sector of housing, - social security, in accordance with, in addition to the national legislation of the Member State  concerned, the international agreements on the matter, - emergency health care, - compulsory schooling. 3. In accordance with the legislation of the Member State concerned, it should be possible for the  long-term resident and the members of his family legally resident with him to be granted  non-contributory benefits. VI It should be possible for a residence authorization granted to a long-term resident to be  cancelled or not renewed on one of the following grounds: - the fact that an expulsion measure has been issued against the long-term resident in accordance  with the provisions of the legislation of the Member State concerned, on the understanding that  such resident enjoys, with respect to the expulsion measure taken concerning him, the maximum legal  protection provided for in the legislation of the said Member State, in accordance with procedures  guranteeing that due account is taken of the length of his period of legal residence. Where the expulsion measure was adopted for reasons of public policy, these should be based on the  personal behaviour of the long-term resident involving a sufficiently serious threat to public  policy, or to national security; - the long-term resident has definitively left the territory of the Member State concerned, - the long-term resident has been absent from the territory of the Member State concerned for a  period to be determined by that Member State's legislation, which should in no case be less than  six consecutive months, - the residence authorization has proved to have been obtained by means of fraud. VII Long-term residents in the territory of the Member State concerned should be able to obtain  authorization to engage in gainful activities, in accordance with the provisions of that Member  State's legislation. VIII 1. The Council calls upon the Member States to notify it, by 1 January 1997, of the changes  in their national law in the area covered by this resolution. 2. This resolution is without prejudice to the option open to a Member State to grant a more  favourable legal status to third-country nationals residing permanently on its territory. (1) The residence authorization to which this paragraph refers corresponds in  Belgium to the authorization of establishment.