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EU Long-Term Residents Directive 2003/109/EC - Third-Country National Status, Equal Treatment and Mobility Rights

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents establishes a common EU…

What EU Long-Term Residents Directive 2003/109/EC - Third-Country National Status, Equal Treatment and Mobility Rights requires

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents establishes a common EU framework granting long-term resident status to third-country nationals who have legally and continuously resided in the territory of a Member State for five years. The Directive applies in all Member States except Denmark and Ireland (Denmark opted out under Protocol 22; Ireland did not opt in under Protocol 21); the United Kingdom did not opt in before Brexit. The Directive was substantially amended by Directive 2011/51/EU extending its scope to beneficiaries of international protection (refugees and subsidiary protection beneficiaries). Article 4 establishes the 5-year continuous legal residence requirement with absences not exceeding 6 consecutive months and 10 months in total over the 5-year period. Article 5 conditions include stable and regular resources, sickness insurance, and where Member States require, integration conditions. Article 7 sets out the application procedure with Member State decision within 6 months. Article 11 provides equal treatment with nationals in employment, education, social protection, tax benefits, access to goods and services, freedom of association, free access to entire territory of Member State subject to security restrictions. Articles 14-23 grant the right to reside in a second Member State for employment, study or other purposes subject to that State's procedures. Article 9 sets out withdrawal grounds. Article 12 provides enhanced protection against expulsion.

Pillar: Immigration & Border Control · Authority: European Commission DG HOME - Home Affairs; Member State immigration authorities; Court of Justice of the European Union for interpretation · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32003L0109

SHA-256 integrity: 2139eedc0e789e7aa7e62fdf65f82db768a7543acc24d91278977db0c32a11d3

Primary Citations — 7 traced to source

  • Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 16, 23.1.2004, p.44 - 27 articles establishing common EU framework
  • Council Directive 2011/51/EU of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection, OJ L 132, 19.5.2011, p.1

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