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Permanent Residents in Europe

General UK immigration & work permits; don't post job search or family related topics!

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tt
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Permanent Residents in Europe

Post by tt » Mon Jun 14, 2004 10:10 am

Does EU Directive 2003/109/EC (25 November 2003), entered into force 23 January 2004 - which is about the status of Third-Country Nationals who are Long-Term Residents in the EU - apply to permanent residents of Britain?
I'm holding ILR status (permanent resident).
I know the UK, Ireland and Denmark opted out of this Directive. But the other EU countries are still bound by it, and the Directive says it applies to ALL EU Permanent Residents (and that would include British ones).

Reason for asking is, if it does, then surely all we ILR folks can go reside in other EU countries now without needing Resident Permits. Or at least, this will be the case by 23 January 2006 (the date this Directive must be implemented)? :D

tt
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Post by tt » Mon Jun 14, 2004 10:33 am

..all other EU countries that is, except Ireland and Denmark. But there's some kind of agreement with Ireland in any case, isn't there?

Chess
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Post by Chess » Mon Jun 14, 2004 10:59 am

That will be a really tricky one to implement - and I suspect many countries would opt out..............

Lets wait and see
Where there is a will there is a way.

tt
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Posts: 148
Joined: Sat Apr 17, 2004 12:45 pm

Post by tt » Mon Jun 14, 2004 11:28 am

Chess. But haven't all the other Member States already signed up to this Directive. Are they able to subsequently opt out..?

Chess
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Re: Permanent Residents in Europe

Post by Chess » Mon Jun 14, 2004 11:55 am

Reason for asking is, if it does, then surely all we ILR folks can go reside in other EU countries now without needing Resident Permits. Or at least, this will be the case by 23 January 2006 (the date this Directive must be implemented)? :
Presumably by Jan 2006 you would have your BN status - so whats the big deal?
Where there is a will there is a way.

tt
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Posts: 148
Joined: Sat Apr 17, 2004 12:45 pm

Post by tt » Mon Jun 14, 2004 12:32 pm

Can't get BN with the ILR because I won't satisfy the residency requirements. And other colleagues have difficulty over dual nationality. So we have to rely on ILR (permanent residency) status for the while.

That's why this Directive is so interesting.

It seems that Residence Permits will be necessary in the second EU country you choose to reside in (Art 15), and that is fairly automatic, based on your "long-term resident's EU Residence Permit" from the original EU country. To get this type of permit, you need to have "long-term resident status" (Art 7(1) ). But to get this status, you need to show 5 years continuous residence in the original country you got or are going to get residency rights in.
It seems the national Residence Permit is not enough, (the new UK Residence Permit showing ILR). You must show a "long-term EU Residence Permit".
And the catch is, the UK is not bound by this Directive, and therefore, I guess, won't issue such permits - only their existing national ones.

So actually, even though the Directive might apply to UK permanent residents, we can't use it. Damn!

stan
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Work in Republic of Ireland with British ILR

Post by stan » Tue Aug 03, 2004 6:26 pm

TT mentioned there is an agreement with Rep of Ireland means those with British ILR can live/work there.

Can anyone confirm that with more details ?

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