Residence permit ( English residence permit , Spanish permiso de residencia , Italian permesso di soggiorno , French titre de séjour , Dutch verbal title ) is a legal term from the asylum and immigration law of the European Union . In some official languages (e.g. English, Spanish and Italian) the term title is described as “permission”. The term essentially refers to residence documents that are issued to third-country nationals for a stay in one of the Member States. In principle, residence documents for Union and EEA citizens and Swiss citizens who are entitled to free movement are not referred to as residence permits ; these have been given different names ( registration certificate and certificate of permanent residence , residence card and permanent residence card as well as residence permit CH ).
In the national legal systems of the member states, the term residence permit sometimes has a different meaning (→ following country-specific sections).
The concept of the residence permit appears for the first time in Article 63 No. 3 Letter a) of the Treaty establishing the European Community (EC Treaty) as amended by the Treaty of Amsterdam . With it, the European Union is gradually establishing an area of freedom, security and justice and initially authorizes the Council to adopt immigration policy measures and to determine entry and residence requirements for this purpose. In the Treaty of Lisbon, those powers have been extended. The EC Treaty, which has now been renamed the Treaty on the Functioning of the European Union (TFEU), uses the term residence permit in three places. The Lisbon Treaty entered into force on December 1, 2009.
In many guidelines and ordinances that have been issued since then, there are legal definitions of the term `` residence permit '' which, however, are not uniform, but differ slightly from one another.
In most cases, residence permits refer to all residence permits that are issued to third-country nationals, including temporary (in Germany e.g. the fiction certificate ) or short-term, e.g. B. Visa .
Some legislation excludes temporary or short-term residence permits from its scope.
In around 20 other directives and regulations of the European Union, the term residence permit is used, but not defined. Almost all of the guidelines and regulations concern asylum and immigration law or its subsidiary areas. The respective meaning of the residence permit results from the context.
Uniform design of the residence permit
The concept of the residence permit has found its way into national legal systems primarily through Regulation (EC) No. 1030/2002, as amended by Regulation (EC) No. 380/2008. With the regulation, a uniform European appearance was established for residence permits that are issued to non-EEA citizens. The other EEA countries ( Iceland , Liechtenstein and Norway ) as well as Switzerland are obliged to adopt the provisions of the ordinance in their national legal systems.
Five years earlier, on December 16, 1996, the Member States had decided at the administrative level to make residence permits uniform.
The ordinance provides for three variants of issuing residence permits, all of which are based on the specifications of the ICAO document on machine-readable visas (Document 9303 Part 2) or machine-readable travel documents (cards, Document 9303 Part 3):
- the "sticker variant", where a corresponding sticker is stuck into the national passport of the third-country national; this variant is u. a. common in Finland , Latvia , Sweden , the Czech Republic and Hungary .
- the "credit card variant" in the smaller ID-1 format and
- the "credit card variant" in the larger ID-2 format ; In both cases, the third-country national is given a plastic card that he must carry with him like an identity card. The ID-1 variant is common in most EEA countries, but the stickers do not use them.
Sometimes stickers and cards are used, e.g. B. in Denmark and Slovakia . Older sticker variants that are no longer issued today are still in circulation in many EEA countries and will be replaced by the newer plastic card when the passport is renewed. The original variant of the residence permit, on which the card variants are based, was designed by the German graphic artist Reinhold Gerstetter . He came up with the idea of the outline of a bull in connection with Greek mythology about Europe and the bull .
The following information must be provided on the residence permit: Title of the document (residence permit) (1), document number (2), surname and first name (s) (3.1), validity (4.2), place of issue and date of the start of validity (5.3.) , Type of title (6.4), comments, including information on the work permit (7.5), date, signature, visa (8), national emblem of the member state in the print image (9), machine-readable zone (10), zone that is exclusive to the respective member state indicates (11), metallized tilting effect with the country code of the respective member state, if a sticker is used (12), optically variable mark ( OVD ) which corresponds at least to the security feature of the uniform visa sticker in terms of identification quality and the security level (13), photo ( 14), in the case of a separate document on the back, information on the date / place of birth, nationality, gender and comments and, if applicable, address of the owner (15 ).
The original version of the ordinance (relating to stickers) entered into force on August 14, 2002. The amended version (regarding cards in ID-1 and ID-2 format) has been in effect since May 19, 2008.
The regulation applies directly in all member states and overrides conflicting national regulations.
Implementation in Germany
The term of the residence title was introduced in Germany when the decision of December 16, 1996 came into force. Since 1997, German residence permits have increasingly been issued as stickers with the heading “Residence permit”. The designation used in German law ( residence permit , residence permit , residence permit and residence permit ) was entered in the "Type of residence title" field .
The term was only incorporated into legislation when the Residence Act (AufenthG) came into force on January 1, 2005. Since then, the residence title has been the generic term for the formal residence rights regulated in the Residence Act; at the same time it has replaced the previous generic term of the residence permit . The German legal system is based on the broad European definition of residence permit and includes visas.
According to § 4 Abs. 1 AufenthG are residence permits
- the (temporary) visa ,
- the (limited) residence permit ,
- the (temporary) EU Blue Card ,
- the (unlimited) settlement permit and
- the (unlimited) permit for permanent EU residence .
No residence permit, but documents that prove a residence status are nonetheless
- issued to EEA citizens and Swiss citizens who are entitled to free movement, as well as their family members
- Certificate of freedom of movement (abolished on January 29, 2013),
- Certificate of permanent residence ,
- Residence card ,
- Permanent residence card ,
- Residence permit-CH .
- as well as other residence documents, namely the
- Residence permit for asylum seekers,
- Fiction certificate for people who are waiting for a decision on their application for a residence permit,
- Tolerance and the
- Border crossing certificate for persons obliged to leave the country.
Germany issued residence permits in the form of stickers until August 31, 2011. With the introduction of the electronic residence permit , a plastic card in ID-1 format has been issued since September 1, 2011.
It should be noted that the residence card, permanent residence card and, optionally, the CH residence permit are also issued in the form of the electronic residence title . However, this does not make them a residence permit i. See Section 4 of the Residence Act. The colloquial term electronic residence permit is also not a legal term and is neither used in the Residence Act nor in the Residence Ordinance (official term there: document with electronic storage and processing medium ).
For further details cf. → Residence status (Germany) .
Implementation in Austria
In Austria the term of the residence permit is not legally defined. From the list of possible residence permits in Section 8 NAG, however, it follows that residence permits are only those documents that are issued to third-country nationals . Residence documents for EEA citizens and their family members fall under the documentation of the Union law of residence law ( § 9 NAG).
Residence permits are issued as:
- Red-White-Red Card , which entitles the holder to temporary settlement and to pursue gainful employment for which a written notification or an expert opinion has been issued in accordance with Section 12d or Section 24 of the Aliens Employment Act ( Section 41 NAG),
- Red-White-Red Card plus , which entitles the holder to temporary settlement and to exercise self-employed and dependent employment in accordance with Section 17 of the Aliens' Employment Act ( Section 41a NAG),
- EU Blue Card , which entitles the holder to temporary settlement and to pursue gainful employment for which a written notification in accordance with Section 12d Section 2 No. 4 of the Aliens Employment Act has been issued ( Section 42 NAG),
- Settlement permit , which entitles the holder to settle for a limited period of time and to pursue self-employed and salaried employment for which a corresponding authorization under the Aliens Employment Act applies ( Section 43 NAG),
- Settlement permit - with the exception of gainful employment , which entitles the holder to temporary settlement without exercising gainful employment ( Section 44 NAG),
- Settlement permit - relatives who are entitled to temporary settlement without taking up gainful employment; The exercise of gainful employment is only permitted on the basis of a subsequent change in purpose that is subject to a quota ( Section 47 NAG),
- Permanent residence - EC for the documentation of the unlimited right of settlement, without prejudice to the period of validity of the document ( § 45 NAG),
- Family members for temporary settlement with the option of subsequently receiving a permanent residence permit - family members ( Section 47 NAG),
- Permanent residence - family members for the documentation of the unlimited right of settlement, regardless of the period of validity of the document ( § 48 NAG),
Residence permit for a temporary limited stay in the federal territory for the following purposes of residence (is stated in the residence permit) is issued (see § 2 Paragraph 2 NAG-DV)
- Rotary worker ( § 58 NAG),
- Rotational worker ( § 59 NAG)
- Self-employed ( § 60 NAG),
- Artist ( § 61 NAG),
- Special cases of paid employment ( Section 62 NAG),
- Pupils ( § 63 NAG),
- Student ( § 64 NAG),
- Social service provider ( § 66 NAG),
- Researcher ( § 67 NAG),
- Family community ( § 69 NAG),
- Section 69a NAG ( Section 69a NAG).
Since January 1, 2006, residence permits have been issued according to the uniform pattern in ID-1 card format, previously in sticker form ( § 1 NAG-DV).
Residence documents for persons entitled to free movement, including:
- Residence card for relatives of an EEA citizen for third-country nationals who are relatives of EEA citizens who are entitled to reside under Community law, to document the right of residence under Community law for more than three months ( Section 54 NAG),
- Permanent residence card for third-country nationals who are members of an EEA citizen and who have acquired the right of permanent residence to document the Community law's right to permanent residence ( Section 54a NAG),
are also issued in ID-1 card format, but differ in terms of color and graphics from the requirements of Regulation (EC) No. 1030/2002.
- Confirmation of the application for an extension of the residence permit ( § 24 Paragraph 1 NAG)
Although it has sticker format, it is designed differently.
For further details cf. → Residence status (Austria) .
Implementation in the Netherlands
In the Netherlands , all residence permits, including those for EEA citizens, are issued according to a uniform model:
- Regulier bepaalde tijd (regular - temporary)
- Regulier onbepaalde tijd (regular - unlimited)
- Asiel bepaalde tijd (Asylum - limited)
- Asiel onbepaalde tijd (Asylum - unlimited)
- EU / EER (Gemeenschapsonderdanen) (EU and EEA nationals)
Implementation in Switzerland
In Switzerland , the
- Residence permit L for third-country nationals for a short-term residence permit,
- Residence permit B for third-country nationals and the
- Residence permit C for third-country nationals for an indefinite stay
issued as a biometric foreigner's identity card since January 24, 2011 .
For further details cf. → Residence status (Switzerland) .
Implementation in Liechtenstein
Liechtenstein issues residence permits in a standardized form in the following variants:
- Residence permit L for third-country nationals ; a permit for short-term stay, validity period: at least three months, maximum 12 months,
- Residence permit B for third-country nationals ; a permit for long-term residence, validity period: a maximum of twelve months,
- Residence permit C for third-country nationals , a permit for permanent residence, control period for verification: a maximum of three years.
Implementation in Belgium
In Belgium , residence permits are issued according to a uniform template in the following variants:
- As A card: Certificate of entry in the foreigners register - temporary stay ; the electronic card has been issued since 2007 and allows temporary residence. The period of validity of the card and the permitted length of stay are identical.
- as B card: certificate of entry in the foreigners register ; the electronic card has been issued since 2007 and allows unlimited residence. The card is valid for five years.
- as C card: identity card for foreigners ; an electronic card issued since 2007, which replaces the yellow identity card for foreigners. The type of stay is unlimited. The card is valid for five years.
- as D card: long-term residence permit - EG ; the card is issued in accordance with Directive 2003/109 / EC on the status of third-country nationals who are long-term residents. It is an electronic card. The type of stay is unlimited, the card is valid for five years.
- As card H: EU Blue Card , issued in accordance with Article 7 of Directive 2009/50 / EC on the conditions for entry and residence of third-country nationals in order to pursue highly qualified employment. This is an electronic card. The type of stay is limited in time. The card is valid for 13 months during the first two years, after which it is valid for three years.
Implementation in France
France issues the following residence permits according to a uniform template:
- Carte de séjour temporaire comportant une mention particulière qui varie selon le motif du séjour autorisé (Temporary residence permit with a special note depending on the reason for the permitted stay);
- Carte de séjour portant la mention “compétences et talents” (residence permit with the note “knowledge and skills”);
- Carte de séjour portant la mention “retraité” (residence permit with the note “pensioner”);
- Carte de résident (residence card );
- Carte de résident portant la mention "résident de longue durée-CE" (residence card with the note "long-term EC resident")
- Carte de résident délivrée aux ressortissants andorrans (residence card for Andorran citizens);
- Certificat de résidence d'Algérien (residence certificate for Algerian citizens);
- Carte de séjour délivrée aux membres de famille (les membres de famille peuvent être des ressortissants de pays tiers) des citoyens de l'Union européenne, des ressortissants des États parties à l'Espace économique européen et des ressortissants suisses (also residence permits for families Third-country nationals) of EU citizens or nationals from EEA member states / Switzerland);
- Authorization provisoire de séjour portant la mention “volontariat associatif” (temporary residence permit with the note “voluntary social service”);
- Authorization provisoire de séjour portant la mention “étudiant en recherche d'emploi” (temporary residence permit with the note “job seeker student”);
- Authorization provisoire de séjour portant la mention “parent accompagnant d'un mineur étranger malade” (temporary residence permit with the note “accompanying parent of a sick minor third-country national”);
- Authorization provisoire de séjour ne portant pas de mention spécifique (temporary residence permit without a note).
Since May 13, 2002, residence permits, residence cards and residence certificates have been issued in the form of plastic-coated cards based on the uniform European model. Copies of the old models, valid until May 12, 2012, are still in circulation.
Implementation in Great Britain and Ireland
Great Britain and Ireland are not members of the Schengen area . The border controls to and from these countries have not been dropped. They only partially participate in the Schengen rules and decide on a case-by-case basis which rules they want to accept. In the case of Regulation (EC) No. 1030/2002, both countries informed the Council in December 2003 that they would like to participate in the regulation on uniform residence permits and apply the regulation.
Therefore, Great Britain and Ireland also issue residence permits according to the uniform model.
Implementation in Italy
Italy provides a uniform pattern
Residence permits with limited validity with a validity period of three months up to a maximum of three years; the following reasons must exist for their grant:
- Affidamento (issued to foreign children who have to temporarily live outside a suitable family group)
- Motivi umanitari (della durata superiore ai tre mesi) (Humanitarian reasons [valid for more than three months])
- Motivi religiosi (religious reasons)
- Studio (study purposes)
- Missione (issued to foreigners who have entered Italy with a business visa for a limited stay)
- Asilo politico (political asylum)
- Apolidia (stateless)
- Tirocinio formazione professionale (apprenticeship training)
- Riacquisto cittadinanza italiana (issued to foreigners waiting to be granted or recognized Italian citizenship)
- Ricerca scientifica (Scientific Research)
- Attesa occupazione (awaiting employment)
- Lavoro autonomo (self-employed)
- Lavoro subordinato (employment)
- Lavoro subordinato stagionale (seasonal work)
- Famiglia (family)
- Famiglia minore 14–18 (residence permit for minor family members aged 14 to 18)
- Volontariato (volunteering)
- Protezione sussidiaria (permesso di soggiorno rilasciato ai sensi del DL n. 251 of November 19, 2007 in recepimento della Direttiva n. 83/2004 / CE) (Subsidiary protection [in accordance with Legislative Decree 251 of November 19, 2007 implementing the Directive 2004/83 / EC residence permit])
- Permesso di soggiorno CE per lungo soggiornanti con una validità permanente ( permanent residence permit EC with permanent validity)
Implementation in Romania
In Romania there are the following residence permits based on a uniform template.
- PERMIS DE ȘEDERE (residence permit) - tipul de permis (type of permit): PERMIS DE ȘEDERE TEMPORARĂ (temporary residence permit); This document is issued - depending on the purpose - with a period of validity of one to five years. This type of residence permit is issued to foreigners who have been granted or extended the right of residence and foreigners who have been granted protection status in Romania in accordance with the asylum law. The following purpose of stay can be entered under "Observații" (remarks):
- "Angajare" (employment),
- "Reîntregire familie" (family reunification),
- "Student" (student),
- "Membru de familie cetățean român" (family member of a Romanian citizen),
- "Specializare" (specialization),
- "Activități religioase" (religious activities),
- "Activități profesionale" (professional activities),
- "Acte comerciale" (commercial activity),
- "Detasat" (turned off),
- "Alte calități studii" (other study-related activities),
- "Activitate cercetare științifică" (research activity),
- "Elev" (student),
- "Student an pregătitor" (student in the preparatory year),
- "Doctorand" (doctoral candidate),
- "Alte scopuri" (other purposes) or
- "Fost posesor de Carte albastră a UE" (formerly holder of an EU Blue Card),
- followed by a personal identification number. If these documents are issued to foreigners who have been granted protection status in Romania, the purpose of the stay can be as follows under “Observaii” (remarks): “Refugiat” - valid for 3 years or “Protecție subsidiară” (subsidiary protection - valid for 1 year), followed by a personal identification number.
- CARTEA ALBASTRĂ A UE (EU Blue Card) - in accordance with Directive 2009/50 / EC; this document is issued for up to two years to third-country nationals who have been granted the right of residence for the purpose of high-quality employment. Under “Observații” (remarks) “Înalt calificat” (highly qualified) is entered, followed by a personal identification number.
- PERMIS DE ȘEDERE (residence permit) - tipul de permis (type of permit): REZIDENT PE TERMEN LUNG CE (permit for permanent residence - EG); this document has been issued to foreigners who have been granted or extended long-term residence permits since 2007 and is valid for five (as a rule) to ten years (for family members of Romanian citizens). The personal identification number assigned to the foreigner is entered under “Observații” (remarks).
Implementation in Spain
In Spain , the Permiso de residencia expedido a nacionales de terceros países (residence permit for third-country nationals) is issued according to a uniform model.
Implementation in other countries
The modalities for other EEA states can be found in the update of the list of residence permits in accordance with Article 2 (15) of Regulation (EC) No. 562/2006 or in later revisions, e.g. for the Czech Republic .
- Council Regulation (EC) No. 1030/2002 of June 13, 2002 on the uniform structure of residence permits for third-country nationals in the consolidated version of May 19, 2008 , accessed on February 13, 2013.
↑ For example in
- Art. 2 letter g) Council Directive 2001/55 / EC of July 20, 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of displaced persons and measures to promote a balanced distribution of the burdens associated with the reception of these persons and the consequences of this inclusion are linked to the Member States (OJ L 212 of 7 August 2001, pp. 12–23),
- Art. 2 letter e) of Council Directive 2004/81 / EC of 29 April 2004 on the issuing of residence permits to third-country nationals who are victims of human trafficking or who have been assisted in illegal immigration and who cooperate with the competent authorities ( OJ L 261 of 6 August 2004, pp. 19-23),
- Art. 2 letter j) of Council Directive 2004/83 / EC of April 29, 2004 on minimum standards for the recognition and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection, and on the content of the protection to be granted (OJ L 304 of 30 September 2004, pp. 12-23),
- Art. 2 letter m of Directive 2011/95 / EU of the European Parliament and of the Council of December 13, 2011 on standards for the recognition of third-country nationals or stateless persons as persons entitled to international protection, for a uniform status for refugees or for persons with the right to subsidiary protection and for the content of the protection to be granted (OJ L 337 of December 20, 2011, pp. 9–26)
↑ So. z. B.
- Art. 1 (2 ) of Council Regulation (EC) No. 1030/2002 of June 13, 2002 on the uniform design of residence permits for third-country nationals (OJ L 157 of June 15, 2002, pp. 1-7),
- Article 2 letter j) of Council Regulation (EC) No. 343/2003 of 18 February 2003 laying down the criteria and procedures for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50 of 25 February 2003, pp. 1-10); this excludes such residence permits that are issued in the phase in which it is clarified which state is responsible for the implementation of the asylum procedure.
- Art. 2 letter e) of Council Directive 2003/86 / EC of 22 September 2003 on the right to family reunification (OJ L 251 of 3 October 2003, pp. 12-18),
- Art. 2 letter g) of Council Directive 2004/114 / EC of December 13, 2004 on the conditions for the admission of third-country nationals to study or to participate in a school exchange, an unpaid training measure or a voluntary service (OJ L 375 of December 23, 2004, pp. 12-18),
- Art. 2 letter e) of the Council Directive 2005/71 / EC of October 12, 2005 on a special admission procedure for third-country nationals for the purpose of scientific research , whereby only authorizations with the special note "researcher" are meant (OJ. L 289 of November 3, 2005, pp. 15-22),
- Art. 2 No. 16 of Regulation (EU) 2016/399 of the European Parliament and of the Council of March 9, 2016 on a Community code for people crossing borders (Schengen Borders Code) (OJ L 77 of March 23, 2016, P. 1); this excludes temporary residence permits during the examination of the residence permit or asylum application.
- ↑ Regulation (EC) No. 1030/2002
- ↑ Regulation (EC) No. 380/2008 of April 18, 2008 , ABl. L 115 of April 29, 2008, pp. 1-7.
- ↑ a b 97/11 / JI: Joint measure of December 16, 1996 - adopted by the Council on the basis of Article K.3 of the Treaty on European Union - for the uniform design of residence permits . In: OJ. L 7 of January 10, 1997, pp. 1-4; Retrieved February 14, 2013.
- ↑ Formally, it entered into force on June 15, 2002, but actually came into force a little later because of the pending definition of security criteria (Art. 9 of the Ordinance), cf. on this BR-Drs. 731/04, Lim. on § 59 (p. 214).
- ↑ a b c d e Update of the list of residence permits in accordance with Article 2 Paragraph 15 of Regulation (EC) No. 562/2006 (PDF; 1 MB) , ABl. C 201 of July 8, 2011, pp. 1-54; accessed February 13, 2013; however, some of the information does not correspond to the currently valid law.
- ↑ See information flyer (PDF; 778 kB) of the Federal Department of Justice and Police (FDJP); Retrieved December 26, 2015.
- ↑ a b Update of the list of residence permits in accordance with Article 2 (15) of Regulation (EC) No. 562/2006 (PDF; 725 kB) , ABl. C 199 of 7 July 2012, pp. 5-7; Retrieved February 13, 2013.
- ↑ Update of the list of residence permits in accordance with Article 2 (15) of Regulation (EC) No. 562/2006 (PDF; 730 kB) , ABl. C 298 of October 4, 2012, pp. 4-8; Retrieved February 13, 2013.
- ↑ Update of the list of residence permits in accordance with Article 2 (15) of Regulation (EC) No. 562/2006 (PDF; 720 kB) , ABl. C 214 of July 20, 2012, pp. 7-9; Retrieved February 13, 2013.
- ↑ See preamble nos. 13 and 14 of Regulation (EC) No. 380/2008.
- ↑ Update of the list of residence permits in accordance with Article 2 (15) of Regulation (EC) No. 562/2006 (PDF; 710 kB) , ABl. C 216 of July 22, 2011, pp. 26-28; Retrieved February 13, 2013.
- ↑ Update of the list of residence permits in accordance with Article 2 (15) of Regulation (EC) No. 562/2006 (PDF) , OJ. C 283 of September 27, 2011, pp. 7-9, pdf-doc. 710 kB, accessed on February 13, 2013.