Hej. Hvis en person har opholdstilladelse i et europaisk land, kan de saa rejse til og bo i andre europaiske lande? Altsaa personen er ikke statsborger, men har opholdstilladelse i et europaisk land. Dvs. Hvis jeg fx har opholdstilladelse i Spanien kan jeg saa rejse til og bo i Tyskland?
Mvh
Opholdstilladelse i europaisk land hvad kan man?
-
Saranatalie
- Indlæg: 124
- Tilmeldt: 03.03.2021 05:04:58
Re: Opholdstilladelse i europaisk land hvad kan man?
Ja, inden for EU gælder nogle særlige regler, dog er Danmark undtaget dette pga. de danske forbehold i EU-samarbejdet. Så tredjelandsborgere bosat i Danmark med permanent opholdskort udstedt efter EU-regler, har altså IKKE retten til at flytte til et andet EU-/EØS-land, ligesom tredjelandsborgere bosat i andre EU-lande ikke bare kan flytte til Danmark.
Men når man som tredjelandsborger har fået et opholdskort til et EU-land, fordi man er familiemedlem til en EU-borger, får man samme rettigheder som EU-borgere til at benytte den frie bevægelighed til at flytte til et andet EU-/EØS-land, når man har fået permanent ophold. Så hvis man fx bor i Tyskland, kan man under nogle betingelser flytte videre til et andet EU-land som fx Frankrig, Spanien eller Sverige.
Citat:
"Under Directive 2003/109/EC, third-country nationals who hold long-term resident permits in one
EU Member State have the right to reside for more than three months in a second Member State to
exercise an economic activity, to pursue studies or for any other purpose, subject to certain
conditions being met.6 In contrast to third-country nationals that apply to enter the EU for the first
time, those holding long-term residence in another Member State can apply for a residence permit
from within the territory of the second Member State and without applying for a visa. If the
applicable conditions have been met, third-country national long-term residents who apply for a
residence permit in a second Member State shall be issued with a renewable residence permit.
When long-term residents exercise their mobility rights under Directive 2003/109/EC, their family
members also have the right to accompany or join the long-term resident in the second Member
State as long as the family was already constituted in the first Member State and they can present
evidence they have stable and regular resources which are sufficient to maintain themselves without
recourse to the social assistance of the Member State concerned.
The conditions that third-country national long-term residents must meet in order to reside in a
second Member State are more onerous than the conditions that apply to EU citizens exercising
their mobility rights under Directive 2004/38/EC. Firstly, third-country national long-term residents
must apply for a residence permit in the second Member State, whereas, under Directive
2004/38/EC, Member States can only oblige EU citizens to register if they stay for more than 3
months: their right to residence is provided by EU law.
Secondly, Directive 2003/109/EC provides Member States with greater discretion to apply
additional measures to regulate the numbers of mobile third-country nationals entitled to be granted
right of residence. These areas of discretion include the possibility of applying a labour market test,
where preference can be given to Union citizens, third-country nationals under Community
legislation, and already legally resident third-country nationals in that Member State. Member
States may also apply quotas, if this approach was in place at the time of the adoption of the
Directive. Member States can also require mobile third-country national long-term residents to
show evidence that they have “appropriate accommodation” in the second Member State, and to
comply with integration measures, as long as the third-country nationals concerned have not already
been required to comply with integration conditions in the first Member State.
Member States may require the third-country national long-term residents concerned – whatever
their status i.e. even if they are exercising an economic activity in an employed or self-employed
capacity – to provide evidence that they have stable and regular resources to maintain themselves
and their families, as well as sickness insurance. An equivalent provision in Directive 2004/38/EC,
allows Member States also to require proof of “sufficient resources” and sickness insurance from
mobile EU citizens who move for reasons other than taking up an economic activity.
Unsurprisingly, given the significant room for Member State discretion within the provisions of the
Directive, third-country national long-term residents exercising their mobility rights for stays
exceeding three months, face different rules in different Member States. However, while the
national procedures are more onerous in some areas than those that apply to EU citizens, they are,
to varying degrees, more favourable than the procedures that apply to third-country nationals
applying to enter and reside in a Member State for the first time.
The majority of Member States apply a labour market test to third-country national long-term
residents who apply for a residence permit in their Member State7 (see also Section 5).
Some Member States require long-term residents from another Member State to demonstrate a
specific level of resources when they apply for a residence permit. Where applied, approaches vary
from country to country: in France, for example, applicants must demonstrate that their “own
resources” are at least at the level of the minimum wage; in Italy, they must demonstrate regular
means of subsistence amounting to double the minimum required by law for exemption from
participation in health care costs; in Slovak Republic, the financial resources to be proven must be
at least the minimum subsistence amount per each month of stay whilst in Poland, the required
level is based on a formula of income minus accommodation costs which must be higher than the
income level granting entitlement to social assistance.
A number of Member States also require long-term residents from another Member State to
demonstrate access to “appropriate housing” when applying for a residence permit (e.g. France,
Poland (although this will be abolished under the new Act on Foreigners that will enter into force
in 2014) and Slovak Republic).
At least four Member States impose integration requirements on third-country nationals with
long-term resident status in another Member State that go beyond attendance at language courses
(Austria, Estonia, Germany and Latvia). In Poland8, from 2014 when the new Act on Foreigners
will enter into force, integration measures will be introduced where third-country nationals will be
required to demonstrate a good command of Polish language.
Subject to meeting the applicable conditions, long-term residents exercising mobility in Member
States that have adopted Directive 2003/109/EC can obtain a residence title following simplified
procedures as compared to the procedures that would apply to third-country nationals arriving to the
EU for the first time, and may apply from within the territory of the second Member State without
holding a visa if an application is made within three months of entering the host country. In
illustration, in Germany, third-country nationals who hold a long-term residence permit in another
Member State and who demonstrate adequate means of subsistence and health insurance are entitled
to a German long-term residence permit without the need for further verification that the conditions
of recognising the long-term resident status were met in the first Member State. Indeed, Germany
has transposed the EU acquis into national legislation, although third-country nationals may also
immigrate under the general provisions which are outside the EU acquis and apply also for
immigration from a third country. The national rules enable third-country national holders of a
residence permit from another Schengen state to obtain a residence permit in Germany directly,
without going through the visa process, on the basis of the decision taken in the first Member State.
In Netherlands, third-country nationals with long-term residence status can freely enter and apply
for a residence permit, which means exemption from the requirement to hold a national Regular
Provisional Residence Permit, although they must still demonstrate their residence status in the
previous Member State. In Belgium, a facilitated process is in place which allows applications for
residence to proceed immediately on arrival in Belgium, even if the required documentation is not
available at the time of the application. In Czech Republic, Cyprus, Hungary, Latvia, Poland and
Sweden, third-country nationals holding long-term resident permits in another Member State are
exempted from the requirement to obtain a work permit for longer-term stays.
In some Member States, the type of residence permit that is issued to third-country nationals who
hold a long-term resident permit in another Member State also offers the person concerned more
protection than the residence permit that is issued to third-country nationals who apply to enter and
reside in the host-country from a third-country. In Cyprus, the residence permit for holders of the
long-term status in another Member State is an immigration permit, which has no time restriction,
as opposed to a temporary residence permit which has a limited validity. In Slovak Republic, the
specific permit “temporary residence of a third-country national who has the status of a long-term
resident in another Member State” whilst limited, lasts for five years, and can be renewed, as long
as the application for renewal is filed at the police department on the last day of the original permit
validity at the latest. However, in Poland, an EU long-term resident, whose residence status was
granted by another EU Member State, may only apply for a national visa or a specifically dedicated
residence permit for a limited period of time.
The simplified procedures as compared to the procedures that apply to third-country nationals who
apply for residence in the EU for the first time do not exist in Ireland and United Kingdom,
Member States that are not bound by Directive 2003/109/EC. In Ireland, no concessions apply for
third-country national long-term residents in another EU Member State, although there is some
room for discretion, and when assessing a “marginal” application for a visa or residence permit, on
a case-by-case basis, residence in a previous Member States may support the application. In United
Kingdom, the points-based system applies to residence applications, irrespective of the long-term
residence status of the third-country national in another EU Member State."
Men når man som tredjelandsborger har fået et opholdskort til et EU-land, fordi man er familiemedlem til en EU-borger, får man samme rettigheder som EU-borgere til at benytte den frie bevægelighed til at flytte til et andet EU-/EØS-land, når man har fået permanent ophold. Så hvis man fx bor i Tyskland, kan man under nogle betingelser flytte videre til et andet EU-land som fx Frankrig, Spanien eller Sverige.
Citat:
"Under Directive 2003/109/EC, third-country nationals who hold long-term resident permits in one
EU Member State have the right to reside for more than three months in a second Member State to
exercise an economic activity, to pursue studies or for any other purpose, subject to certain
conditions being met.6 In contrast to third-country nationals that apply to enter the EU for the first
time, those holding long-term residence in another Member State can apply for a residence permit
from within the territory of the second Member State and without applying for a visa. If the
applicable conditions have been met, third-country national long-term residents who apply for a
residence permit in a second Member State shall be issued with a renewable residence permit.
When long-term residents exercise their mobility rights under Directive 2003/109/EC, their family
members also have the right to accompany or join the long-term resident in the second Member
State as long as the family was already constituted in the first Member State and they can present
evidence they have stable and regular resources which are sufficient to maintain themselves without
recourse to the social assistance of the Member State concerned.
The conditions that third-country national long-term residents must meet in order to reside in a
second Member State are more onerous than the conditions that apply to EU citizens exercising
their mobility rights under Directive 2004/38/EC. Firstly, third-country national long-term residents
must apply for a residence permit in the second Member State, whereas, under Directive
2004/38/EC, Member States can only oblige EU citizens to register if they stay for more than 3
months: their right to residence is provided by EU law.
Secondly, Directive 2003/109/EC provides Member States with greater discretion to apply
additional measures to regulate the numbers of mobile third-country nationals entitled to be granted
right of residence. These areas of discretion include the possibility of applying a labour market test,
where preference can be given to Union citizens, third-country nationals under Community
legislation, and already legally resident third-country nationals in that Member State. Member
States may also apply quotas, if this approach was in place at the time of the adoption of the
Directive. Member States can also require mobile third-country national long-term residents to
show evidence that they have “appropriate accommodation” in the second Member State, and to
comply with integration measures, as long as the third-country nationals concerned have not already
been required to comply with integration conditions in the first Member State.
Member States may require the third-country national long-term residents concerned – whatever
their status i.e. even if they are exercising an economic activity in an employed or self-employed
capacity – to provide evidence that they have stable and regular resources to maintain themselves
and their families, as well as sickness insurance. An equivalent provision in Directive 2004/38/EC,
allows Member States also to require proof of “sufficient resources” and sickness insurance from
mobile EU citizens who move for reasons other than taking up an economic activity.
Unsurprisingly, given the significant room for Member State discretion within the provisions of the
Directive, third-country national long-term residents exercising their mobility rights for stays
exceeding three months, face different rules in different Member States. However, while the
national procedures are more onerous in some areas than those that apply to EU citizens, they are,
to varying degrees, more favourable than the procedures that apply to third-country nationals
applying to enter and reside in a Member State for the first time.
The majority of Member States apply a labour market test to third-country national long-term
residents who apply for a residence permit in their Member State7 (see also Section 5).
Some Member States require long-term residents from another Member State to demonstrate a
specific level of resources when they apply for a residence permit. Where applied, approaches vary
from country to country: in France, for example, applicants must demonstrate that their “own
resources” are at least at the level of the minimum wage; in Italy, they must demonstrate regular
means of subsistence amounting to double the minimum required by law for exemption from
participation in health care costs; in Slovak Republic, the financial resources to be proven must be
at least the minimum subsistence amount per each month of stay whilst in Poland, the required
level is based on a formula of income minus accommodation costs which must be higher than the
income level granting entitlement to social assistance.
A number of Member States also require long-term residents from another Member State to
demonstrate access to “appropriate housing” when applying for a residence permit (e.g. France,
Poland (although this will be abolished under the new Act on Foreigners that will enter into force
in 2014) and Slovak Republic).
At least four Member States impose integration requirements on third-country nationals with
long-term resident status in another Member State that go beyond attendance at language courses
(Austria, Estonia, Germany and Latvia). In Poland8, from 2014 when the new Act on Foreigners
will enter into force, integration measures will be introduced where third-country nationals will be
required to demonstrate a good command of Polish language.
Subject to meeting the applicable conditions, long-term residents exercising mobility in Member
States that have adopted Directive 2003/109/EC can obtain a residence title following simplified
procedures as compared to the procedures that would apply to third-country nationals arriving to the
EU for the first time, and may apply from within the territory of the second Member State without
holding a visa if an application is made within three months of entering the host country. In
illustration, in Germany, third-country nationals who hold a long-term residence permit in another
Member State and who demonstrate adequate means of subsistence and health insurance are entitled
to a German long-term residence permit without the need for further verification that the conditions
of recognising the long-term resident status were met in the first Member State. Indeed, Germany
has transposed the EU acquis into national legislation, although third-country nationals may also
immigrate under the general provisions which are outside the EU acquis and apply also for
immigration from a third country. The national rules enable third-country national holders of a
residence permit from another Schengen state to obtain a residence permit in Germany directly,
without going through the visa process, on the basis of the decision taken in the first Member State.
In Netherlands, third-country nationals with long-term residence status can freely enter and apply
for a residence permit, which means exemption from the requirement to hold a national Regular
Provisional Residence Permit, although they must still demonstrate their residence status in the
previous Member State. In Belgium, a facilitated process is in place which allows applications for
residence to proceed immediately on arrival in Belgium, even if the required documentation is not
available at the time of the application. In Czech Republic, Cyprus, Hungary, Latvia, Poland and
Sweden, third-country nationals holding long-term resident permits in another Member State are
exempted from the requirement to obtain a work permit for longer-term stays.
In some Member States, the type of residence permit that is issued to third-country nationals who
hold a long-term resident permit in another Member State also offers the person concerned more
protection than the residence permit that is issued to third-country nationals who apply to enter and
reside in the host-country from a third-country. In Cyprus, the residence permit for holders of the
long-term status in another Member State is an immigration permit, which has no time restriction,
as opposed to a temporary residence permit which has a limited validity. In Slovak Republic, the
specific permit “temporary residence of a third-country national who has the status of a long-term
resident in another Member State” whilst limited, lasts for five years, and can be renewed, as long
as the application for renewal is filed at the police department on the last day of the original permit
validity at the latest. However, in Poland, an EU long-term resident, whose residence status was
granted by another EU Member State, may only apply for a national visa or a specifically dedicated
residence permit for a limited period of time.
The simplified procedures as compared to the procedures that apply to third-country nationals who
apply for residence in the EU for the first time do not exist in Ireland and United Kingdom,
Member States that are not bound by Directive 2003/109/EC. In Ireland, no concessions apply for
third-country national long-term residents in another EU Member State, although there is some
room for discretion, and when assessing a “marginal” application for a visa or residence permit, on
a case-by-case basis, residence in a previous Member States may support the application. In United
Kingdom, the points-based system applies to residence applications, irrespective of the long-term
residence status of the third-country national in another EU Member State."
-
Saranatalie
- Indlæg: 124
- Tilmeldt: 03.03.2021 05:04:58
Re: Opholdstilladelse i europaisk land hvad kan man?
Hvordan kan det vaere at hvis en tredjelandsborger har EU opholdskort i Danmark, saa ikke kan rejse og bosaette sig i andre EU lande? Danmark er da medlem af EU?
Re: Opholdstilladelse i europaisk land hvad kan man?
Danmark har nogle forbehold i EU, som gør, at Danmark er undtaget fra dele af samarbejdet. Og det gælder altså begge veje, både hvis man ønsker at flytte til Danmark, og hvis man ønsker at flytte fra Danmark til et andet EU-land: https://www.eu.dk/da/danmark-i-eu/de-danske-forbehold
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Saranatalie
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Re: Opholdstilladelse i europaisk land hvad kan man?
Aah Gud, det ender aldrig, Danmark med sine stramninger og nu undtagelse fra almindelige accepteret EU regler. Er godt traet af det.
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Saranatalie
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Re: Opholdstilladelse i europaisk land hvad kan man?
Er der en maade hvor man kan have adgang til Danmark og til andre europaiske lande?
Re: Opholdstilladelse i europaisk land hvad kan man?
Ja, der er jo flere måder, men statsborgerskabet er ofte det afgørende. Og hvert land har jo sin egen lovgivning.
Hvilket statsborgerskab har den pågældende person, du har i tankerne?
Hvilket statsborgerskab har den pågældende person, du har i tankerne?
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Saranatalie
- Indlæg: 124
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Re: Opholdstilladelse i europaisk land hvad kan man?
Indisk. Men overvejer at bosaette sig i italien og faa opholdstilladelse der.
Re: Opholdstilladelse i europaisk land hvad kan man?
OK, så er det jo værd at undersøge, om der findes nogen særlige regler for indere i forhold til Italien. Det ved jeg simpelthen ikke, om der gør.
Men du kan jo prøve at søge på nettet om immigration for indere til Italien. Se fx
https://ec.europa.eu/immigration/countr ... -worker_en
https://www.immigration-italy.com/
Men du kan jo prøve at søge på nettet om immigration for indere til Italien. Se fx
https://ec.europa.eu/immigration/countr ... -worker_en
https://www.immigration-italy.com/
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mh1
- Indlæg: 10609
- Tilmeldt: 25.09.2007 11:20:33
- Geografisk sted: Istanbul, Tyrkiet/Tyskland
- Kontakt:
Re: Opholdstilladelse i europaisk land hvad kan man?
Medmindre han har nogle helt særlige kvalifikationer, skal han ikke sætte næsen højere op en efter et job til omkring 4 €/time:
https://www.reuters.com/article/eu-elec ... NKCN1SU183
Men hvis tanken er at I begge vil bo der, er du jo EU-borger og han kan få EU-opholdskort på lempelige betingelser. Vær opmærksom på at det italienske bureaukrati er en sej omgang.
https://www.reuters.com/article/eu-elec ... NKCN1SU183
Men hvis tanken er at I begge vil bo der, er du jo EU-borger og han kan få EU-opholdskort på lempelige betingelser. Vær opmærksom på at det italienske bureaukrati er en sej omgang.
mh
Rådgiver for ÆUG
Rådgiver for ÆUG
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Saranatalie
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Re: Opholdstilladelse i europaisk land hvad kan man?
Nej men jeg taenkte hvis han faar opholdstilladelse i et andet europaisk land eller statsborgerskab i et andet europaisk land at det derefter saa er let for ham at komme til Danmark?
Re: Opholdstilladelse i europaisk land hvad kan man?
Hvis han bliver statsborger i et andet EU-land, vil det være meget let for ham at flytte til DK, da vi har fri bevægelighed i hele EU.
Senest rettet af skaanebo 31.03.2021 09:32:11, rettet i alt 1 gang.
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mh1
- Indlæg: 10609
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- Geografisk sted: Istanbul, Tyrkiet/Tyskland
- Kontakt:
Re: Opholdstilladelse i europaisk land hvad kan man?
En EU-opholdstilladelse til et andet EU-land giver ham kun lov til at rejse på ferie til andre EU-lande, ikke til hverken at bo eller arbejde i andre lande end det, han har opholdstilladelse i. Og pga. de danske forbehold kan han ikke bruge det til at flytte til DK.
mh
Rådgiver for ÆUG
Rådgiver for ÆUG
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Saranatalie
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