Directive 2003/109 / EC (Permanent Residence Directive)
 Directive 2003/109 / EC |
|
|---|---|
| Title: | Council Directive 2003/109 / EC of 25 November 2003 on the legal status of third-country nationals who are long-term residents |
| Designation: (not official) |
Permanent residence policy |
| Scope: |
EU , except Denmark , United Kingdom and Ireland ( area of freedom, security and justice ) |
| Legal matter: | Immigration law |
| Basis: | Article 63 numbers 3 and 4 of the EC Treaty |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| Come into effect: | January 23, 2004 |
| Last change by: | Directive 2011/51 / EU |
|
Effective date of the last change: |
May 20, 2011 |
|
To be implemented in national law by: |
January 23, 2006 Change: May 20, 2013 |
| Implemented by: |
Germany Law for the Implementation of Residence and Asylum Directives of the European Union of August 19, 2007 |
| Reference: | OJ L 16 of 23.1.2004, pp. 44-53 |
| Full text |
Consolidated version (not official) basic version |
| The regulation must have been implemented in national law. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Directive 2003/109 / EC on the legal status of long term resident third country nationals , a directive of the European Community which residence of third-country nationals controls that are not EU nationals or relatives of EU citizens and the spread over five years lawfully in the same EU country (except Denmark, Great Britain and Ireland) have stayed.
content
Third country nationals are people who are neither citizens of the EU nor a relative of an EU citizen.
- Chapter 1 (Articles 1 to 3): The general provisions determine the subject matter, definitions and scope.
- Chapter 2 (Articles 4 to 13) regulates the status of a long-term resident in a Member State.
- Chapter 3 (Articles 14 to 23) regulates residence in other Member States
- Chapter 4 (Articles 23 to 21) contains the final provisions.
implementation
In Germany, the guideline was implemented by a supplement to the Residence Act ( § 9a , § 9b , § 9c ). In the Residence Act, a new residence title , the permit for permanent EC residence , was created. Third-country nationals with a foreign permanent residence permit according to this guideline can obtain a German residence permit under simplified conditions ( Section 38a AufenthG). In practice, however, implementation often fails due to the fact that the southern European member states (Italy, Spain) in particular have not yet adequately fulfilled their obligation to certify the right of permanent residence in accordance with Article 8 (3) of the Permanent Residence Directive according to a given template.
modification
With effect from May 20, 2011, Directive 2011/51 / EU expanded the scope of the Permanent Residence Directive to include people enjoying international protection.
Web links
- Directive 2003/109 / EC in the consolidated version of May 20, 2011 , accessed on January 23, 2016
- Summaries of EU legislation and legal status of third-country nationals who are long-term residents
- Residence Act Act on the residence, employment and integration of foreigners in the federal territory
