I asked a lawyer from Duesseldorf who assisted me in my work permit problems two years ago. I asked him if I, with a permanent residence permit, could live and work in another EU country. Here’s his answer…
A long-term resident may exercise the right of residence, for a period exceeding three months, in a Member State other than the one which granted him the status, subject to compliance with certain conditions laid down in this proposal, including:
– exercise of an economic activity in an employed or self-employed capacity; or – pursuit of studies or vocational training; or other purposes.
However, a Member State may limit the number of residence permits if, at the time of the adoption of this Directive, limitations for the admission of Non-EU Member Country nationals are already set out in existing national law. At the same time, for reasons of labour market policy, Member States may give preference to Union citizens.
The above conditions do not concern employees posted for the purpose of cross-border provision of services or providers of cross-border services. When the application for a residence permit is lodged, the competent authorities in the second Member State may require the presentation of certain documents (such as the long-term residence permit, an identity document, an employment contract, documentation with regard to appropriate accommodation, etc.) and evidence of stable and regular resources and medical insurance.
The family members of the long-term resident may accompany him to the second Member State or join him there on condition that they already formed a family in the first Member State. If this is not the case, Directive 2003/86/EC on the right to family reunification applies. The second Member State may refuse applications for residence only where there is an actual threat to public policy, public security or public health.
In the case of public health, the Directive allows Member States to require a medical examination in order to certify that the persons in question do not suffer from any diseases that are the subject of protective provisions in the host country. It also provides for a series of procedural guarantees such as the statutory period for examining applications for residence permits, the arrangements for notifying interested parties, redress procedures and the conditions governing expulsion.
As soon as they enter the second Member State, long-term residents enjoy all the benefits which they enjoyed in the first Member State under the same conditions as nationals. Long-term residents living in the second Member State will retain their status in the first Member State until they have acquired the same status in the second Member State.
If they so wish, they may, after being legally resident in the second Member State for five years, apply to be considered as long-term residents in that Member State. As a general rule, the first Member State is obliged to readmit, together with their family members, long-term residents whose residence permits have been withdrawn by the second Member State.
Denmark, Ireland and the UK have reserved the right to deviate from these rules.
I have no plans to work and live abroad (if away from Germany means abroad in this case) but it was a topic discussed a couple of days ago.
This could be a big weekend. Maya is coming into town, it’s a holiday friday, there is live reggae on thursday, a long weekend ahead of us. I’ll getcha an update when one warrants it.