Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
Date: 2003-11-25
Institutions: Council of the European Union
Subjects: admission of aliens, foreign national, legal status, residence permit

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COUNCIL DIRECTIVE 2003/109/EC

of 25 November 2003

concerning the status of third-country nationals who are long-term residents

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 63(3) and (4) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the European Economic and
Social Committee (3),

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1) With a view to the progressive establishment of an area
of freedom, security and justice, the Treaty establishing
the European Community provides both for the adop-
tion of measures aimed at ensuring the free movement
of persons,
in conjunction with flanking measures
relating to external border controls, asylum and immi-
gration, and for the adoption of measures relating to
immigration and safeguarding the rights of
asylum,
third-country nationals.

(2)

(3)

(4)

The European Council, at its special meeting in Tampere
on 15 and 16 October 1999, stated that the legal status
of third-country nationals should be approximated to
that of Member States' nationals and that a person who
has resided legally in a Member State for a period of
time to be determined and who holds a long-term resi-
dence permit should be granted in that Member State a
set of uniform rights which are as near as possible to
those enjoyed by citizens of the European Union.

the fundamental

rights and
This Directive respects
observes the principles recognised in particular by the
European Convention for
the Protection of Human
Rights and Fundamental Freedoms and by the Charter of
Fundamental Rights of the European Union.

The integration of third-country nationals who are long-
term residents in the Member States is a key element in
promoting economic and social cohesion, a fundamental
objective of the Community stated in the Treaty.

(1) OJ C 240 E, 28.8.2001, p. 79.
(2) OJ C 284 E, 21.11.2002, p. 102.
(3) OJ C 36, 8.2.2002, p. 59.
(4) OJ C 19, 22.1.2002, p. 18.

(5)

(6)

(7)

(8)

Member States should give effect to the provisions of
this Directive without discrimination on the basis of sex,
race, colour, ethnic or social origin, genetic characteris-
religion or beliefs, political or other
tics,
opinions, membership of a national minority, fortune,
birth, disabilities, age or sexual orientation.

language,

The main criterion for acquiring the status of long-term
resident should be the duration of residence in the terri-
tory of a Member State. Residence should be both legal
and continuous in order to show that the person has put
down roots in the country. Provision should be made
for a degree of flexibility so that account can be taken of
circumstances in which a person might have to leave the
territory on a temporary basis.

status,

long-term resident

To acquire
third-country
nationals should prove that they have adequate resources
and sickness insurance, to avoid becoming a burden for
the Member State. Member States, when making an
assessment of
the possession of stable and regular
resources may take into account factors such as contri-
butions to the pension system and fulfilment of tax obli-
gations.

Moreover, third-country nationals who wish to acquire
and maintain long-term resident
should not
constitute a threat to public policy or public security.
The notion of public policy may cover a conviction for
committing a serious crime.

status

(9)

Economic considerations should not be a ground for
refusing to grant long-term resident status and shall not
be considered as interfering with the relevant conditions.

(10) A set of rules governing the procedures for the examina-
tion of application for long-term resident status should
be laid down. Those procedures should be effective and
manageable, taking account of the normal workload of
the Member States' administrations, as well as being
transparent and fair, in order to offer appropriate legal
certainty to those concerned. They should not constitute
a means of hindering the exercise of the right of resi-
dence.

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(11)

The acquisition of long-term resident status should be
certified by residence permits enabling those concerned
to prove their legal status easily and immediately. Such
residence permits should also satisfy high-level technical
standards, notably as regards protection against falsifica-
tion and counterfeiting, in order to avoid abuses in the
Member State in which the status is acquired and in
Member States in which the right of residence is exer-
cised.

(12)

In order to constitute a genuine instrument for the inte-
gration of long-term residents into society in which they
live, long-term residents should enjoy equality of treat-
ment with citizens of the Member State in a wide range
of economic and social matters, under the relevant
conditions defined by this Directive.

(13) With regard to social assistance,

the possibility of
limiting the benefits for long-term residents to core
benefits is to be understood in the sense that this notion
covers at least minimum income support, assistance in
case of illness, pregnancy, parental assistance and long-
term care. The modalities for granting such benefits
should be determined by national law.

(14)

The Member States should remain subject to the obliga-
tion to afford access for minors to the educational
system under conditions similar to those laid down for
their nationals.

(15)

The notion of study grants in the field of vocational
training does not cover measures which are financed
under social assistance schemes. Moreover, access to
study grants may be dependent on the fact that the
person who applies for such grants fulfils on his/her
own the conditions for acquiring long-term resident
status. As regards the issuing of study grants, Member
States may take into account the fact that Union citizens
may benefit from this same advantage in the country of
origin.

(16)

Long-term residents should enjoy reinforced protection
against expulsion. This protection is based on the criteria
determined by the decisions of the European Court of
In order to ensure protection against
Human Rights.
expulsion Member States should provide for effective
legal redress.

(18)

(19)

(20)

(21)

(22)

Directive. The possibility of applying more favourable
national provisions
is not excluded by the Treaty.
However, for the purposes of this Directive, it should be
provided that permits issued on more favourable terms
do not confer the right to reside in other Member States.

Establishing the conditions subject to which the right to
reside in another Member State may be acquired by
third-country nationals who are long-term residents
should contribute to the effective attainment of an
internal market as an area in which the free movement
of persons is ensured. It could also constitute a major
factor of mobility, notably on the Union's employment
market.

Provision should be made that the right of residence in
another Member State may be exercised in order to work
in an employed or self-employed capacity, to study or
even to settle without exercising any form of economic
activity.

Family members should also be able to settle in another
Member State with a long-term resident
in order to
preserve family unity and to avoid hindering the exercise
of
the long-term resident's right of residence. With
regard to the family members who may be authorised to
accompany or to join the long-term residents, Member
States should pay special attention to the situation of
disabled adult children and of first-degree relatives in the
direct ascending line who are dependent on them.

The Member State in which a long-term resident intends
to exercise his/her right of residence should be able to
check that the person concerned meets the conditions
for residing in its territory. It should also be able to
check that the person concerned does not constitute a
threat to public policy, public security or public health.

To avoid rendering the right of residence nugatory,
long-term residents should enjoy in the second Member
State the same treatment, under the conditions defined
by this Directive, they enjoy in the Member State in
which they acquired the status. The granting of benefits
under social assistance is without prejudice to the possi-
bility for the Member States to withdraw the residence
permit
if the person concerned no longer fulfils the
requirements set by this Directive.

(17) Harmonisation of the terms for acquisition of long-term
resident status promotes mutual confidence between
Member States. Certain Member States issue permits
with a permanent or unlimited validity on conditions
that are more favourable than those provided for by this

(23)

Third-country nationals should be granted the possibility
of acquiring long-term resident status in the Member
State where they have moved and have decided to settle
under comparable conditions to those required for its
acquisition in the first Member State.

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(24)

(25)

(26)

Since the objectives of the proposed action, namely the
determination of terms for granting and withdrawing
long-term resident
status and the rights pertaining
thereto and terms for the exercise of rights of residence
by long-term residents in other Member States, cannot
be sufficiently achieved by the Member States and can
therefore, by reason of the scale and effects of the action,
be better achieved by the Community, the Community
may adopt measures, in accordance with the principle of
In
subsidiarity as set out in Article 5 of the Treaty.
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary to achieve those objectives.

In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, and without
prejudice to Article 4 of the said Protocol, these Member
States are not participating in the adoption of this Direc-
tive and are not bound by or subject to its application.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and the Treaty establishing the Euro-
pean Community, Denmark does not take part in the
adoption of this Directive, and is not bound by it or
subject to its application,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Directive determines:

(a) the terms for conferring and withdrawing long-term resi-
dent status granted by a Member State in relation to third-
country nationals legally residing in its territory, and the
rights pertaining thereto; and

(b) the terms of residence in Member States other than the one
which conferred long-term status on them for third-country
nationals enjoying that status.

Article 2

Definitions

For the purposes of this Directive:

(a) ‘third-country national’ means any person who is not a
citizen of the Union within the meaning of Article 17(1) of
the Treaty;

(b) ‘long-term resident’ means any third-country national who
has long-term resident status as provided for under Articles
4 to 7;

(c) ‘first Member State’ means the Member State which for the
time granted long-term resident status to a third-

first
country national;

(d) ‘second Member State’ means any Member State other than
the one which for the first time granted long-term resident
status to a third-country national and in which that long-
term resident exercises the right of residence;

(e) ‘family members’ means the third-country nationals who
reside in the Member State concerned in accordance with
Council Directive 2003/86/EC of 22 September 2003 on
the right to family reunification (1);

(f) ‘refugee’ means any third-country national enjoying refugee
status within the meaning of
the Geneva Convention
relating to the Status of Refugees of 28 July 1951, as
amended by the Protocol signed in New York on 31
January 1967;

(g) ‘long-term resident's EC residence permit’ means a residence
permit issued by the Member State concerned upon the
acquisition of long-term resident status.

Article 3

Scope

This Directive applies to third-country nationals residing

1.
legally in the territory of a Member State.

This Directive does not apply to third-country nationals

2.
who:

(a) reside in order to pursue studies or vocational training;

(b) are authorised to reside in a Member State on the basis of
temporary protection or have applied for authorisation to
reside on that basis and are awaiting a decision on their
status;

(c) are authorised to reside in a Member State on the basis of a
subsidiary form of protection in accordance with interna-
tional obligations, national legislation or the practice of the
Member States or have applied for authorisation to reside
on that basis and are awaiting a decision on their status;

(1) OJ L 251, 3.10.2003, p. 12.

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(d) are refugees or have applied for recognition as refugees and
whose application has not yet given rise to a final decision;

(e) reside solely on temporary grounds such as au pair or
seasonal worker, or as workers posted by a service provider
for the purposes of cross-border provision of services, or as
cross-border providers of services or in cases where their
residence permit has been formally limited;

(f) enjoy a legal status governed by the Vienna Convention on
Diplomatic Relations of 1961, the Vienna Convention on
Consular Relations of 1963, the Convention of 1969 on
Special Missions or the Vienna Convention on the Repre-
sentation of States in their Relations with International
Organisations of a Universal Character of 1975.

This Directive shall apply without prejudice to more

3.
favourable provisions of:

(a) bilateral and multilateral agreements between the Com-
munity or the Community and its Member States, on the
one hand, and third countries, on the other;

(b) bilateral agreements already concluded between a Member
State and a third country before the date of entry into force
of this Directive;

(c) the

European Convention on Establishment of 13
December 1955,
the European Social Charter of 18
October 1961, the amended European Social Charter of 3
May 1987 and the European Convention on the Legal
Status of Migrant Workers of 24 November 1977.

CHAPTER II

LONG-TERM RESIDENT STATUS IN A MEMBER STATE

Article 4

Duration of residence

Periods of absence from the territory of the Member State
3.
concerned shall not interrupt the period referred to in para-
graph 1 and shall be taken into account for its calculation
where they are shorter than six consecutive months and do not
exceed in total 10 months within the period referred to in
paragraph 1.

In cases of specific or exceptional reasons of a temporary
law, Member
nature and in accordance with their national
States may accept that a longer period of absence than that
which is referred to in the first subparagraph shall not interrupt
the period referred to in paragraph 1. In such cases Member
States shall not take into account the relevant period of absence
in the calculation of the period referred to in paragraph 1.

By way of derogation from the second subparagraph, Member
States may take into account in the calculation of the total
period referred to in paragraph 1 periods of absence relating to
secondment for employment purposes, including the provision
of cross-border services.

Article 5

Conditions for acquiring long-term resident status

1. Member States shall require third-country nationals to
provide evidence that they have, for themselves and for depen-
dent family members:

(a) stable and regular resources which are sufficient to main-
tain himself/herself and the members of his/her family,
without recourse to the social assistance system of the
Member State concerned. Member States shall evaluate
these resources by reference to their nature and regularity
and may take into account the level of minimum wages
and pensions prior to the application for long-term resident
status;

(b) sickness insurance in respect of all risks normally covered
for his/her own nationals in the Member State concerned.

1. Member States shall grant long-term resident status to
third-country nationals who have resided legally and continu-
ously within its territory for five years immediately prior to the
submission of the relevant application.

2. Member States may require third-country nationals to
comply with integration conditions,
in accordance with
national law.

Periods of residence for the reasons referred to in Article
2.
3(2)(e) and (f) shall not be taken into account for the purposes
of calculating the period referred to in paragraph 1.

Regarding the cases covered in Article 3(2)(a), where the third-
country national concerned has acquired a title of residence
which will enable him/her to be granted long-term resident
status, only half of the periods of residence for study purposes
or vocational training may be taken into account in the calcula-
tion of the period referred to in paragraph 1.

Article 6

Public policy and public security

1. Member States may refuse to grant long-term resident
status on grounds of public policy or public security.

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When taking the relevant decision, the Member State shall
consider the severity or type of offence against public policy or
public security, or the danger that emanates from the person
concerned, while also having proper regard to the duration of
residence and to the existence of links with the country of resi-
dence.

The refusal referred to in paragraph 1 shall not be

2.
founded on economic considerations.

Article 7

Acquisition of long-term resident status

1.
To acquire long-term resident status, the third-country
national concerned shall lodge an application with the compe-
tent authorities of the Member State in which he/she resides.
The application shall be accompanied by documentary evidence
to be determined by national law that he/she meets the condi-
tions set out in Articles 4 and 5 as well as, if required, by a
valid travel document or its certified copy.

The evidence referred to in the first subparagraph may also
include documentation with regard to appropriate accommoda-
tion.

2.
The competent national authorities shall give the appli-
cant written notification of the decision as soon as possible and
in any event no later than six months from the date on which
the application was lodged. Any such decision shall be notified
to the third-country national concerned in accordance with the
notification procedures under the relevant national legislation.

In exceptional circumstances linked to the complexity of the
examination of the application, the time limit referred to in the
first subparagraph may be extended.

In addition, the person concerned shall be informed about his/
her rights and obligations under this Directive.

Any consequences of no decision being taken by the end of the
period provided for in this provision shall be determined by
national legislation of the relevant Member State.

A long-term resident's EC residence permit may be issued
3.
in the form of a sticker or of a separate document. It shall be
issued in accordance with the rules and standard model as set
out in Council Regulation (EC) No 1030/2002 of 13 June
2002 laying down a uniform format for residence permits for
third-country nationals (1). Under the heading ‘type of permit’,
the Member States shall enter ‘long-term resident — EC’.

Article 9

Withdrawal or loss of status

Long-term residents shall no longer be entitled to main-

1.
tain long-term resident status in the following cases:

(a) detection of fraudulent acquisition of long-term resident

status;

(b) adoption of an expulsion measure under the conditions

provided for in Article 12;

(c) in the event of absence from the territory of the Com-

munity for a period of 12 consecutive months.

2.
By way of derogation from paragraph 1(c), Member States
may provide that absences exceeding 12 consecutive months
or for specific or exceptional reasons shall not entail with-
drawal or loss of status.

3. Member States may provide that the long-term resident
shall no longer be entitled to maintain his/her long-term resi-
dent status in cases where he/she constitutes a threat to public
policy, in consideration of the seriousness of the offences he/
she committed, but such threat is not a reason for expulsion
within the meaning of Article 12.

The long-term resident who has

resided in another
4.
Member State in accordance with Chapter III shall no longer be
entitled to maintain his/her long-term resident status acquired
in the first Member State when such a status is granted in
another Member State pursuant to Article 23.

3.
If the conditions provided for by Articles 4 and 5 are
met, and the person does not represent a threat within the
meaning of Article 6, the Member State concerned shall grant
the third-country national concerned long-term resident status.

In any case after six years of absence from the territory of the
Member State that granted long-term resident status the person
concerned shall no longer be entitled to maintain his/her long
term resident status in the said Member State.

Article 8

Long-term resident's EC residence permit

The status as long-term resident shall be permanent,

1.
subject to Article 9.

2. Member States shall issue a long-term resident's EC resi-
dence permit to long-term residents. The permit shall be valid
at least for five years; it shall, upon application if required, be
automatically renewable on expiry.

By way of derogation from the second subparagraph the
Member State concerned may provide that for specific reasons
the long-term resident shall maintain his/her status in the said
Member State in case of absences for a period exceeding six
years.

5. With regard to the cases referred to in paragraph 1(c) and
in paragraph 4, Member States who have granted the status
shall provide for a facilitated procedure for the re-acquisition of
long-term resident status.

(1) OJ L 157, 15.6.2002, p. 1.

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The said procedure shall apply in particular to the cases of
persons that have resided in a second Member State on grounds
of pursuit of studies.

(f) access to goods and services and the supply of goods and
services made available to the public and to procedures for
obtaining housing;

The conditions and the procedure for the re-acquisition of
long-term resident status shall be determined by national law.

6.
The expiry of a long-term resident's EC residence permit
shall in no case entail withdrawal or loss of long-term resident
status.

7. Where the withdrawal or loss of long-term resident status
does not lead to removal, the Member State shall authorise the
person concerned to remain in its territory if he/she fulfils the
conditions provided for in its national legislation and/or if he/
she does not constitute a threat to public policy or public
security.

Article 10

Procedural guarantees

1.
Reasons shall be given for any decision rejecting an appli-
cation for long-term resident status or withdrawing that status.
Any such decision shall be notified to the third-country
national concerned in accordance with the notification proce-
dures under the relevant national legislation. The notification
shall specify the redress procedures available and the time
within which he/she may act.

2. Where an application for long-term resident status is
rejected or that status is withdrawn or lost or the residence
permit is not renewed, the person concerned shall have the
to mount a legal challenge in the Member State
right
concerned.

Article 11

Equal treatment

Long-term residents shall enjoy equal

1.
nationals as regards:

treatment with

(a) access to employment and self-employed activity, provided
such activities do not entail even occasional involvement in
the exercise of public authority, and conditions of employ-
ment
conditions
conditions,
regarding dismissal and remuneration;

and working

including

(b) education and vocational training, including study grants in

accordance with national law;

(c) recognition of professional diplomas, certificates and other
in accordance with the relevant national

qualifications,
procedures;

(g) freedom of association and affiliation and membership of
an organisation representing workers or employers or of
any organisation whose members are engaged in a specific
occupation, including the benefits conferred by such orga-
nisations, without prejudice to the national provisions on
public policy and public security;

(h) free access to the entire territory of the Member State
concerned, within the limits provided for by the national
legislation for reasons of security.

2. With respect to the provisions of paragraph 1, points (b),
(d), (e), (f) and (g), the Member State concerned may restrict
equal treatment to cases where the registered or usual place of
residence of the long-term resident, or that of family members
for whom he/she claims benefits, lies within the territory of the
Member State concerned.

3. Member States may
nationals in the following cases:

restrict

equal

treatment with

(a) Member States may retain restrictions to access to employ-
ment or self-employed activities in cases where, in accord-
ance with existing national or Community legislation, these
activities are reserved to nationals, EU or EEA citizens;

(b) Member States may require proof of appropriate language
proficiency for access to education and training. Access to
to the fulfilment of specific
university may be subject
educational prerequisites.

4. Member States may limit equal treatment in respect of
social assistance and social protection to core benefits.

5. Member States may decide to grant access to additional
benefits in the areas referred to in paragraph 1.

Member States may also decide to grant equal treatment with
regard to areas not covered in paragraph 1.

Article 12

Protection against expulsion

1. Member States may take a decision to expel a long-term
resident solely where he/she constitutes an actual and suffi-
ciently serious threat to public policy or public security.

The decision referred to in paragraph 1 shall not be

2.
founded on economic considerations.

Before taking a decision to expel a long-term resident,

3.
Member States shall have regard to the following factors:

(d) social security, social assistance and social protection as

defined by national law;

(a) the duration of residence in their territory;

(e) tax benefits;

(b) the age of the person concerned;

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(c) the consequences for the person concerned and family

members;

(d) links with the country of residence or the absence of links

with the country of origin.

4. Where an expulsion decision has been adopted, a judicial
redress procedure shall be available to the long-term resident in
the Member State concerned.

5.
Legal aid shall be given to long-term residents lacking
adequate resources, on the same terms as apply to nationals of
the State where they reside.

Article 13

More favourable national provisions

Member States may issue residence permits of permanent or
unlimited validity on terms that are more favourable than those
laid down by this Directive. Such residence permits shall not
confer the right of residence in the other Member States as
provided by Chapter III of this Directive.

CHAPTER III

RESIDENCE IN THE OTHER MEMBER STATES

Article 14

Principle

1.
A long-term resident shall acquire the right to reside in
the territory of Member States other than the one which
granted him/her the long-term residence status, for a period
exceeding three months, provided that the conditions set out in
this chapter are met.

A long-term resident may reside in a second Member

2.
State on the following grounds:

(a) exercise of an economic activity in an employed or self-

employed capacity;

(b) pursuit of studies or vocational training;

(c) other purposes.

3.
In cases of an economic activity in an employed or self-
employed capacity referred to in paragraph 2(a), Member States
may examine the situation of their labour market and apply
their national procedures
for,
respectively, filling a vacancy, or for exercising such activities.

regarding the requirements

For reasons of labour market policy, Member States may give
preference to Union citizens, to third-country nationals, when
provided for by Community legislation, as well as to third-
country nationals who reside legally and receive unemployment
benefits in the Member State concerned.

4.
By way of derogation from the provisions of paragraph 1,
Member States may limit the total number of persons entitled
to be granted right of residence, provided that such limitations

are already set out for the admission of third-country nationals
in the existing legislation at the time of the adoption of this
Directive.

This chapter does not concern the residence of long-term

5.
residents in the territory of the Member States:

(a) as employed workers posted by a service provider for the

purposes of cross-border provision of services;

(b) as providers of cross-border services.

Member States may decide, in accordance with national law,
the conditions under which long-term residents who wish to
move to a second Member State with a view to exercising an
economic activity as seasonal workers may reside in that
Member State. Cross-border workers may also be subject to
specific provisions of national law.

6.
This Chapter is without prejudice to the relevant Com-
munity legislation on social security with regard to third-
country nationals.

Article 15

Conditions for residence in a second Member State

1.
As soon as possible and no later than three months after
entering the territory of the second Member State, the long-
term resident shall apply to the competent authorities of that
Member State for a residence permit.

Member States may accept that the long-term resident submits
the application for a residence permit to the competent autho-
rities of the second Member State while still residing in the
territory of the first Member State.

2. Member States may require the persons concerned to
provide evidence that they have:

(a) stable and regular resources which are sufficient to main-
tain themselves and the members of their families, without
recourse to the social assistance of
the Member State
concerned. For each of the categories referred to in Article
14(2), Member States shall evaluate these resources by
reference to their nature and regularity and may take into
account the level of minimum wages and pensions;

(b) sickness insurance covering all risks in the second Member
State normally covered for its own nationals in the Member
State concerned.

3. Member States may require third-country nationals to
comply with integration measures, in accordance with national
law.

This condition shall not apply where
third-country
nationals concerned have been required to comply with inte-
gration conditions in order to be granted long-term resident
status, in accordance with the provisions of Article 5(2).

the

Without prejudice to the second subparagraph, the persons
concerned may be required to attend language courses.

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The application shall be accompanied by documentary
4.
evidence, to be determined by national law, that the persons
concerned meets the relevant conditions, as well as by their
long-term resident permit and a valid travel document or their
certified copies.

The evidence referred to in the first subparagraph may also
include documentation with regard to appropriate accommoda-
tion.

In particular:

(a) in case of exercise of an economic activity the second
Member State may require the persons concerned to
provide evidence:

(i) if they are in an employed capacity, that they have an
employment contract, a statement by the employer that
for an employment
they are hired or a proposal
contract, under the conditions provided for by national
legislation. Member States shall determine which of the
said forms of evidence is required;

(ii) if they are in a self-employed capacity, that they have
the appropriate funds which are needed, in accordance
with national law, to exercise an economic activity in
such capacity, presenting the necessary documents and
permits;

(b) in case of study or vocational training the second Member
State may require the persons concerned to provide
evidence of enrolment in an accredited establishment in
order to pursue studies or vocational training.

Article 16

Family members

1. When the long-term resident exercises his/her right of
residence in a second Member State and when the family was
already constituted in the first Member State, the members of
his/her family, who fulfil the conditions referred to in Article
4(1) of Directive 2003/86/EC shall be authorised to accompany
or to join the long-term resident.

2. When the long-term resident exercises his/her right of
residence in a second Member State and when the family was
already constituted in the first Member State, the members of
his/her family, other than those referred to in Article 4(1) of
Directive 2003/86/EC may be authorised to accompany or to
join the long-term resident.

3. With respect to the submission of the application for a
residence permit, the provisions of Article 15(1) apply.

The second Member State may require

the family
4.
members concerned to present with their application for a resi-
dence permit:

(a) their long-term resident's EC residence permit or residence
permit and a valid travel document or their certified copies;

(b) evidence that they have resided as members of the family

of the long-term resident in the first Member State;

(c) evidence that they have stable and regular resources which
are sufficient to maintain themselves without recourse to
the social assistance of the Member State concerned or that
the long-term resident has such resources and insurance for
them, as well as sickness insurance covering all risks in the
second Member State. Member States shall evaluate these
resources by reference to their nature and regularity and
may take into account the level of minimum wages and
pensions.

5. Where the family was not already constituted in the first
Member State, Directive 2003/86/EC shall apply.

Article 17

Public policy and public security

1. Member States may refuse applications for residence from
long-term residents or their family members where the person
concerned constitutes a threat
to public policy or public
security.

When taking the relevant decision, the Member State shall
consider the severity or type of offence against public policy or
public security committed by the long-term resident or his/her
family member(s), or the danger that emanates from the person
concerned.

The decision referred to in paragraph 1 shall not be based

2.
on economic considerations.

Article 18

Public health

1. Member States may refuse applications for residence from
long-term residents or their family members where the person
concerned constitutes a threat to public health.

2.
The only diseases that may justify a refusal to allow entry
or the right of residence in the territory of the second Member
State shall be the diseases as defined by the relevant applicable
instruments of the World Health Organisation's and such other
infectious or contagious parasite-based diseases as are the
subject of protective provisions in relation to nationals in the
host country. Member States shall not introduce new more
restrictive provisions or practices.

3.
Diseases contracted after the first residence permit was
issued in the second Member State shall not justify a refusal to
renew the permit or expulsion from the territory.

4.
A Member State may require a medical examination, for
persons to whom this Directive applies, in order to certify that
they do not suffer from any of the diseases referred to in para-
graph 2. Such medical examinations, which may be free of
charge, shall not be performed on a systematic basis.

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Article 19

Examination of applications and issue of a residence
permit

1.
The competent national authorities shall process applica-
tions within four months from the date that these have been
lodged.

If an application is not accompanied by the documentary
evidence listed in Articles 15 and 16, or in exceptional circum-
stances linked with the complexity of the examination of the
application, the time limit referred to in the first subparagraph
may be extended for a period not exceeding three months. In
such cases the competent national authorities shall inform the
applicant thereof.

then, subject

If the conditions provided for in Articles 14, 15 and 16
2.
to the provisions relating to public
are met,
policy, public security and public health in Articles 17 and 18,
the second Member State shall issue the long-term resident with
a renewable residence permit. This residence permit shall, upon
application,
if required, be renewable on expiry. The second
Member State shall inform the first Member State of its deci-
sion.

The second Member State shall

3.
issue members of the
long-term resident's family with renewable residence permits
valid for the same period as the permit issued to the long-term
resident.

Article 20

Procedural guarantees

Reasons shall be given for any decision rejecting an appli-
1.
cation for a residence permit. It shall be notified to the third-
country national concerned in accordance with the notification
procedures under the relevant national legislation. The notifica-
tion shall specify the possible redress procedures available and
the time limit for taking action.

Any consequences of no decision being taken by the end of the
period referred to in Article 19(1) shall be determined by the
national legislation of the relevant Member State.

2. Where an application for a residence permit is rejected,
or the permit is not renewed or is withdrawn, the person
concerned shall have the right to mount a legal challenge in
the Member State concerned.

Article 21

Member States may provide that the persons referred to in
Article 14(2)(a) shall have restricted access to employed activ-
ities different than those for which they have been granted their
residence permit under the conditions set by national legisla-
tion for a period not exceeding 12 months.

Member States may decide in accordance with national law the
conditions under which the persons referred to in Article
14(2)(b) or (c) may have access to an employed or self-
employed activity.

3.
As soon as they have received the residence permit
provided for by Article 19 in the second Member State,
members of the family of the long-term resident shall in that
Member State enjoy the rights listed in Article 14 of Directive
2003/86/EC.

Article 22

Withdrawal of residence permit and obligation to readmit

1.
Until the third-country national has obtained long-term
resident status, the second Member State may decide to refuse
to renew or to withdraw the resident permit and to oblige the
person concerned and his/her family members, in accordance
with the procedures provided for by national
including
removal procedures, to leave its territory in the following cases:

law,

(a) on grounds of public policy or public security as defined in

Article 17;

(b) where the conditions provided for in Articles 14, 15 and

16 are no longer met;

(c) where the third-country national is not lawfully residing in

the Member State concerned.

If the second Member State adopts one of the measures
2.
referred to in paragraph 1, the first Member State shall immedi-
ately readmit without formalities the long-term resident and
his/her family members. The second Member State shall notify
the first Member State of its decision.

3.
Until the third-country national has obtained long-term
resident status and without prejudice to the obligation to
readmit referred to in paragraph 2, the second Member State
may adopt a decision to remove the third-country national
from the territory of the Union, in accordance with and under
the guarantees of Article 12, on serious grounds of public
policy or public security.

Treatment granted in the second Member State

In such cases, when adopting the said decision the second
Member State shall consult the first Member State.

1.
As soon as they have received the residence permit
provided for by Article 19 in the second Member State, long-
term residents shall in that Member State enjoy equal treatment
in the areas and under the conditions referred to in Article 11.

Long-term residents shall have access to the labour

2.
market in accordance with the provisions of paragraph 1.

When the second Member State adopts a decision to remove
the third-country national concerned, it shall take all the appro-
priate measures to effectively implement it. In such cases the
second Member State shall provide to the first Member State
appropriate information with respect to the implementation of
the removal decision.

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Removal decisions may not be accompanied by a perma-
4.
nent ban on residence in the cases referred to in paragraph 1(b)
and (c).

5.
The obligation to readmit referred to in paragraph 2 shall
be without prejudice to the possibility of the long-term resident
and his/her family members moving to a third Member State.

Article 23

Acquisition of long-term resident status in the second
Member State

1.
Upon application, the second Member State shall grant
long-term residents the status provided for by Article 7, subject
to the provisions of Articles 3, 4, 5 and 6. The second Member
State shall notify its decision to the first Member State.

2.
The procedure laid down in Article 7 shall apply to the
presentation and examination of applications for long-term
resident status in the second Member State. Article 8 shall
apply for the issuance of the residence permit. Where the appli-
cation is rejected, the procedural guarantees provided for by
Article 10 shall apply.

CHAPTER IV

FINAL PROVISIONS

Article 24

Article 25

Contact points

Member States shall appoint contact points who will be respon-
sible for receiving and transmitting the information referred to
in Article 19(2), Article 22(2) and Article 23(1).

Member States shall provide appropriate cooperation in the
exchange of the information and documentation referred to in
the first paragraph.

Article 26

Transposition

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 23 January 2006 at the latest. They shall forthwith
inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 27

Entry into force

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 28

Addressees

Report and rendez-vous clause

This Directive is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Periodically, and for the first time no later than 23 January
2011, the Commission shall report to the European Parliament
and to the Council on the application of this Directive in the
Member States and shall propose such amendments as may be
necessary. These proposals for amendments shall be made by
way of priority in relation to Articles 4, 5, 9, 11 and to Chapter
III.

Done at Brussels, 25 November 2003.

For the Council

The President

G. TREMONTI