The concept of “economically inactive” long-term EU residents often raises questions. This refers to individuals from outside the EU who have obtained long-term resident status in an EU country and wish to reside in another EU member state without engaging in economic activity (i.e., working or self-employment). This post provides a comprehensive guide to navigating this specific situation.
Understanding Long-Term EU Resident Status
First, it’s crucial to understand what it means to be a “long-term EU resident.” This status, granted under Directive 2003/109/EC, provides non-EU nationals who have legally resided in an EU member state for five years with enhanced rights, including the right to reside in other EU countries under certain conditions.
What Does “Economically Inactive” Mean?
“Economically inactive” refers to individuals who are not working (employed or self-employed) in the host EU country. This typically includes:
- Retirees: Individuals who have retired and are receiving a pension.
- Students: Individuals enrolled in a recognized educational institution.
- Individuals with Sufficient Means: Individuals who have enough financial resources to support themselves without relying on public funds.
Key Requirements for Economically Inactive Long-Term Residents Moving Within the EU:
When a long-term EU resident wishes to move to another EU country without working, they must meet specific requirements:
- Valid Long-Term Residence Permit: They must hold a valid long-term residence permit issued by the first EU country.
- Sufficient Resources: They must demonstrate they have sufficient financial resources to support themselves and their family members without becoming a burden on the social assistance system of the host country. This usually involves providing proof of savings, pensions, or other sources of income. The amount considered “sufficient” varies between member states.
- Comprehensive Health Insurance: They must have comprehensive health insurance coverage in the host country. This insurance must cover all risks and be valid throughout their stay.
- No Threat to Public Order or Security: They must not pose a threat to public order or public security in the host country.
The Application Process:
The application process varies slightly between EU member states, but generally involves the following steps:
- Application to the Host Country: The long-term resident must apply for a residence permit in the EU country they wish to move to.
- Submission of Documentation: They must submit all required documentation, including:
- Valid long-term residence permit from the first EU country
- Proof of sufficient financial resources (bank statements, pension statements, etc.)
- Proof of comprehensive health insurance
- Valid passport or travel document
- Other documents as required by the specific country (e.g., proof of accommodation)
- Assessment by the Host Country Authorities: The immigration authorities of the host country will assess the application and the submitted documentation.
- Decision: The authorities will issue a decision on the application. If approved, the long-term resident will be granted a residence permit in the new country.
Important Considerations:
- National Implementation: While the Long-Term Residence Directive provides a framework, each EU member state implements it slightly differently. It is crucial to check the specific requirements of the country you wish to move to.
- Family Members: Family members of the long-term resident can also move with them, provided they meet certain conditions, such as having sufficient resources and health insurance.
- Time Limits: Some countries may have time limits for applying for residence after entering the country.
- Public Funds: It’s essential to understand that relying on public funds in the host country can jeopardize the residence permit.
- Legal Advice: It is highly recommended to seek legal advice from an immigration lawyer specializing in EU law for personalized guidance.
Example Scenario:
A non-EU citizen has obtained long-term resident status in Spain. They now wish to retire in Portugal. As they are economically inactive, they must demonstrate they have sufficient funds (e.g., a pension) and comprehensive health insurance to reside in Portugal without relying on Portuguese social assistance.
