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Permanent residence in an EU country for third-country nationals
Citizens of countries outside the EU/EEA are referred to as third-country nationals. A third-country national can obtain the status of long-term resident in the EU under certain conditions, granting them certain rights similar to those of EU citizens.
Those who have held a residence permit for five years can obtain the status of long-term resident and thus an EU/EC residence permit, granting them certain rights similar to those of EU citizens. The Swedish Migration Agency is responsible for deciding on such an application, and the decision should be communicated within six months.
Status as a long-term resident
A person with an EU/EC residence permit can more easily move from one EU country to another for work, study, starting a business, or living on their pension. It is only possible to hold the status of a long-term resident in one country at a time. However, a person with an EU/EC residence permit can request that their status as a long-term resident in one country be transferred to another.
The status of a long-term resident is regulated by Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (the “Directive”), which has been implemented into Swedish law through the Aliens Act (2005:716) (the “Aliens Act”). The Directive does not apply to third-country nationals who are students, seasonal workers, or temporary residents.
The length of residence is the most important factor in obtaining the status of a long-term resident. As a general rule, one must have been legally and continuously resident in an EU country for five years. Short absences of less than six consecutive months, and a total of no more than ten months during the entire five-year period, are allowed when calculating this period. Exceptions may be granted in the case of special reasons and exceptional circumstances of a temporary nature. It is also possible to consider periods of employment abroad as if they occurred within the country. Different rules apply to those who hold an EU Blue Card.
Long-term residents are entitled to the same treatment as the country’s own citizens in terms of employment, education, social security, taxes, and freedom of association. This equal treatment can only be limited under certain conditions. The right to social assistance, aid in case of illness, pregnancy, parental benefits, and long-term care cannot be legislated away.
Resources and health insurance
To obtain the status of a long-term resident, the third-country national must demonstrate that they have sufficient means to support themselves and any family members they are responsible for. The Directive also requires that the third-country national has health insurance that covers all risks normally covered for nationals of the relevant member state. However, those who obtain long-term resident status in Sweden do not need to have their own health insurance, as they are covered by the Swedish healthcare system, which equates long-term residents with ordinary citizens.
Permanent status
The status of a long-term resident is, in principle, permanent. It is valid for at least five years and is then automatically renewed. However, exceptions can be made. A third-country national may lose their long-term resident status if they pose a threat to public order and security, become subject to deportation, obtained their status through false information or concealment of relevant facts, have been outside the EU territory for 12 consecutive months, have resided outside Sweden for six consecutive years, or obtain long-term resident status in another EU country.
If, upon a comprehensive assessment, it is found that there are particularly compelling reasons to allow the applicant to remain in Sweden despite the above, the Swedish Migration Agency may decide that the applicant should be allowed to stay in Sweden. This assessment particularly considers the applicant’s health, adaptation to Sweden, and the situation in their home country.
EU/EC residence permit compared to ordinary residence permit
Note that an EU/EC residence permit is not the same as an ordinary residence permit. This means that an ordinary residence permit does not grant the same rights. A third-country national with a residence permit in one country does not have the right to move to another EU country without further ado, as a holder of an EU/EC residence permit can.
From long-term resident to Swedish citizen
As a long-term resident in Sweden, the path to Swedish citizenship becomes easier. To become a Swedish citizen, the applicant usually needs to prove their identity, hold a permanent residence permit, right of residence, or residence card, meet the residency requirements, and have lived a law-abiding life. A person who already holds an EC residence permit has already fulfilled most of these requirements at an earlier stage.
More information on how to obtain Swedish citizenship and the requirements to do so can be found by clicking HAR.
If the long-term resident has a family
Family members of the long-term resident may move to Sweden and live with the long-term resident under certain conditions. The right is primarily limited to the long-term resident’s spouse, cohabitant, children, and adopted children. Special regulations allow other individuals to move to Sweden.
To bring a family member to Sweden as a long-term resident, the family member must obtain a residence permit. More information on residence permits can be found by clicking HERE.
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At Advantage law firm, we have deep knowledge and experience in all areas of migration law. We are more than happy to assist you with any questions you may have. Contact us today, and we will help you.
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