Rights of third-country nationals who are long-term residents in the EU - Directive 2003/109/EC

Directive 2003/109/EC (the Long-term Residents Directive, or LTRD) sets out the conditions under which a non-EU citizen ('third-country national') who has legally and continuously resided in a European Union (EU) Member State for at least five years can acquire 'EU long-term resident status'. This residence status is permanent, grants these individuals equal treatment rights with EU citizens in several areas, ensures reinforced protection against expulsion, and gives them the (conditional) possibility to move and reside in other Member States. In 2019, the European Commission published its second implementation report on the directive. It also finalised a fitness check on EU legal migration legislation evaluating the effectiveness, coherence, and grounds for improvement of the existing EU laws in the field. These reports found shortcomings both in the EU legal migration framework and in the directive itself. The limitations identified mainly concerned the implementation of legislation by EU Member States. The subsequent European Commission proposals under the 2020 new pact on migration and asylum seek to address these shortcomings by, for instance, revising the LTRD. The LTRD is currently under-used, as most Member States continue to issue almost exclusively national long-term residence permits. Many third-country nationals who could benefit from the rights of the EU status do not have access to it. The Commission has received numerous complaints from citizens, and has launched several infringement procedures pursuing legal action against EU Member States. The revision of the LTRD aims to improve the directive's implementation and functioning by establishing a 'true EU long-term residence status' – with a particular focus on strengthening long-term residents' right to move and work in other Member States (intra-EU mobility).