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RESIDENCY PERMITS

Brexit: Five key things to know about applying for residency in the EU

As tens of thousands of Brits across Europe prepare to begin the process of applying for residency rights to ensure their right to remain after Brexit, here are five key points you should know, thanks to British in Europe.

Brexit: Five key things to know about applying for residency in the EU
Photo by Markus Spiske

British nationals across Europe are facing a crucial time over the coming weeks and months as most face the prospect of having to apply for residency or at least register with authorities as a way of ensuring their future in the EU.

While the Withdrawal Agreement was ratified in January this year EU countries have the task of implementing the rights it guarantees British Citizens in the EU.

And things are moving slowly, with the UK having made more progress in registering EU citizens.

“Across the EU things are very much further behind than in the UK,” Kalba Meadows from British in Europe told a parliamentary committee this week.

“In fact there are only three EU countries where implementation (of the Withdrawal agreement) has begun: Italy, Netherlands and Malta,” she said

Other countries are at different stages with some having legislation in place to ensure the rights of Brits are guaranteed whilst others do not, she explained.

British in Europe have helped spell out some important points on the issue of residency rights and the procedures that British readers should be aware of. The points below are taken from British in Europe's Guidance note.

1. There's no minimum duration for living in a country before December 31st 2020

You will be covered by the WA for residence if you (a) lived legally (see above) in your host country before the end of the transition period and (b) you continue to do so afterwards. All possible situations where the right of residence stems from free movement rules are included.

This includes ordinary residence, whether you’re employed, self-employed, self-sufficient or a student; permanent residence; residence as a family member; and residence under the special rules for jobseekers.

There is no minimum duration for having lived legally before the end of the transition period. Example: you move to Finland to take up employment on December 1st 2020 and remain there after December 31st 2020. You are covered by the WA.

2. You don't actually need to be physically in the EU on December 31st

You don’t need to be physically present in your host country at the end of the transition period to be covered by the WA, as long as you remain legally resident on that day.

This is because as a legal resident you are allowed to be absent from your host country for certain periods without losing your residence rights: As an ordinary resident, you can be away from your host country for no more than 6 months every year without losing your resident status.

You’re allowed one longer absence of up to 12 months in the 5 year period for ‘important reasons’: eg childbirth, serious illness, study, vocational training or posting elsewhere (this is not an exhaustive list).

Once you have acquired permanent residence under the Withdrawal Agreement, you can be away from your host country for 5 years – an increase on the 2 years permitted for EU citizens – and still retain the right to return and keep your rights of permanent residence.

3. Rights don't change if you lose or change your job

Your right of residence under the WA in your host country is not affected if you change your status. Your ‘status’ for this purpose represents the category under which you are exercising your free movement rights: employed, self-employed, non economically active and self-sufficient or student.

So your rights are not affected if, for example if you stop being a student and start work, if you stop working and become non-economically active and self-sufficient, or if you move between the categories in any other way.

You can also hold more than one status at one time – for example you can be a student who is simultaneously self-employed. There are no procedural consequences attached to a change of status – you don’t have to report it to your registration authority or apply for or request a new residence document.

4. The qualifying period for permanent residency doesn't have to be the last 5 years

If you already hold permanent residence status under current free movement rules at the end of the transition period, you will be eligible for permanent residence status under the WA.

If you have not been resident long enough to acquire permanent residence status under the WA at the end of the transition period, you can continue to build up your years until you reach 5 years, when you will be eligible for permanent residence under the WA.

Periods both before and after the end of transition will be taken into account. One very important precision is that the qualifying period of residence does not have to be immediately before the moment when the right of permanent residence is claimed.

This means, for example, that if you have been resident in your host country for over 5 years but your circumstances changed recently, leaving you struggling to meet the conditions, you can call upon an earlier period of residence during which you did meet the conditions to use as your qualifying period.

5. Deadlines could be crucial depending on the country you are in

13 countries are adopting a constitutive system.

We still await the published list, although most countries now have stated which they will adopt. In a constitutive scheme you acquire residence status only if (a) you make an application for it and (b) that application is granted. In other words, the ‘source’ of your residence status and the rights that stem from it is the decision on your application made by the registration authority in your host country. It’s that decision, and the residence document that is issued as a result, which confers your residence status.

This is how ‘settled status’ works in the UK, and it also corresponds to the type of system used to deal with residence applications in EU member states from third country nationals. In a constitutive scheme, if you miss the deadline to apply for a new status under the WA or your application isn’t successful you will have no residence status and therefore in principle no legal right to reside.

This means that, if your host country is operating a constitutive scheme, it is crucial that you meet the deadline for applying for your new residence status. This deadline cannot be earlier than 30 June 2021 (6 months after the end of the transition period) and in some host countries may be later – but don’t miss it!

British in Europe stress that it's important to read their full guidance note to understand all the issues around gaining residency in an EU country. You can read the full document HERE.

 

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RESIDENCY PERMITS

Which countries in Europe impose language tests for residency permits?

Certain countries across Europe demand foreign citizens pass a language test to qualify for certain residency permits. But how does each country compare and what level of language do they require?

Which countries in Europe impose language tests for residency permits?

Germany

Germany requires people to have a certain standard of the language to gain permanent residency (Niederlassungserlaubnis / unbefristete Aufenthaltserlaubnis).

When it comes to language skills, the current rules require German at level B1 on the six-level scale of competence laid down in the Common European Framework of Reference for Languages (CEFR).

This involves taking a test at a language school recognised by authorities. The test includes reading, listening, writing and spoken sections. B1 level on the CEFR scale is defined as being able to “understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc.”

Other residency permits, such as the Blue Card, do not generally have formal language requirements.

German citizenship has a B1 language requirement. Note that both citizenship and permanent residency have several other requirements, such as living in Germany legally for a certain period of time.

READ ALSO:

France

At present there is no formal language requirement for residency permits, although for certain groups the Office français de l’immigration et de l’integration (OFII) can require people to attend French classes. The classes are provided for free in most circumstances.

This could change, however, as the Interior Minister Gérald Darmanin has outlined a plan to make French test compulsory for certain types of long-term residency permit.

At this stage his plan has little detail, so we don’t know what level of French will be required, but it seems to be targeted only at those who are seeking a long-term residency permit, so new arrivals will not be required to have mastered French in advance. The plan does not affect people applying for visas.

READ ALSO French language tests for the carte de séjour: What we know so far

Only French citizenship has a formal language requirement at present – those applying for citizenship through residency need to present a certificate, no more than two years old, to show that they have passed writing, reading, listening and speaking tests at B1 level. A previous exemption for over 60s was scrapped in 2020. 

TEST: Is your French good enough for citizenship and residency?

Spain

Spain doesn’t currently have any language level requirements to obtain residency, and there is no evidence that this is or has ever been considered. 

The country does however expect foreigners applying for Spanish citizenship to prove some command of the Spanish language by obtaining an A2 DELE qualification (Diploma de Español como Lengua Extranjera) if they’re not originally from a Spanish speaking country. 

The A2 level is still fairly basic however, it’s the second lowest and equates to being a high-level beginner capable of understanding and putting together everyday sentences.

There’s also a language requirement for foreigners from non-Spanish speaking countries who want to have their qualifications recognised to work in regulated professions in Spain (homologación) – a B2 – equal to a high intermediate.

Even though proving a good command of Spanish isn’t a requirement for residency, learning the language is a must for foreigners. Unlike in other European countries such as the Netherlands or Scandinavian nations, Spaniards don’t generally speak English, so learning at least some Spanish is essential for everyday tasks, unless foreigners only want to stay in so-called ‘expat bubbles’.

Switzerland

Whether granting permanent residency or citizenship, whether you are ‘successfully integrated’ is the major question for Swiss authorities. 

Being successfully integrated means that they “should participate in the economic, social and cultural life of society”, according to the State Secretariat for Migration, which includes speaking at least one of Switzerland’s languages. 

Reader question: What does being ‘successfully integrated’ in Switzerland mean?

However, the level of language proficiency differs depending on the type of residency permission you want: residency permit, permanent residency or Swiss citizenship. 

Fortunately for new arrivals, you do not need to show Swiss language proficiency to get a standard residency permit. 

Generally speaking, those on short-term residency permits – such as B Permits and L Permits – are not required to show proficiency in a national language. 

There are some exceptions – for instance people on family reunification permits – however by and large people who have just arrived in Switzerland for work do not need to demonstrate language proficiency. 

Permanent residents however will need to demonstrate language proficiency. 

EXPLAINED: What’s the difference between permanent residence and Swiss citizenship?

For ordinary permanent residency – which is granted after an uninterrupted stay of five years or ten years in total – you need to demonstrate A2 level of a spoken Swiss language and A1 written. 

Citizens of Austria, Belgium, Denmark, France, Germany, Greece, Italy, Liechtenstein, Netherlands, Portugal and Spain are exempt from these language requirements. 

For fast-tracked permanent residency, the language level is a little higher. 

You must demonstrate A1 written but B1 spoken. 

There are also exceptions for people who can demonstrate they have a Swiss language as their mother tongue, or that they have attended compulsory schooling for a minimum of three years in a Swiss language. 

Demonstrating language proficiency must be done through an accredited test centre. The accreditation process is handled at a cantonal level. More information is available here

More information about language requirements – including what you need for Swiss citizenship – is available at the following link. 

EXPLAINED: Everything you need to know about Swiss language tests for residency

Norway

Residence permits in Norway come in two forms, permanent and temporary. There are no language requirements or tests for temporary permits, nor are there any plans in the works to bring them in. 

Permanent residence does come with language requirements, however. Depending on where you are from, the type of temporary permit you have held, whether you were granted residency to live with somebody in Norway, and their situation, you will need to complete between 250550 hours of Norwegian language tuition and complete a social studies course.

In some situations, you can get around the language tuition by proving that you have adequate knowledge of Norwegian. For example, if you have passed all four parts of the Norwegian exam at a minimum of level A2: oral, listening, reading and written presentation, you do not need to meet the tuition requirements. 

Similarly, when applying for citizenship, you will need to meet language requirements. EU and non-EU citizens must pass an oral Norwegian language test at either A2 or B1 level. A2 refers to an elementary level of Norwegian, and B1 is considered semi-fluent. For citizenship, some residents will need to have also completed tuition in the language also.  

The change to the language requirement from A2 to B1 will apply from autumn 2022 at the earliest, according to the UDI

Italy

For most types of Italian residency permit, applicants are not required to sit a language test.

But if you’re a non-EU citizen applying for a permesso di soggiorno per soggiornanti di lungo periodo (long-stay residency permit) based on being resident for five years or more, there is a requirement to prove at least A2 level competency in Italian.

The A2 level is still fairly basic: it’s the second-lowest on the the six-level scale of competence laid down in the Common European Framework of Reference for Languages (CEFR), and equates to being a higher-level beginner able to understand and put together simple sentences.

If you’re applying for citizenship, Italy demands proof of having a slightly better command of the language: applicants must show they’ve passed an Italian language exam at the level of B1 or higher.

The B1 level is a lower intermediate level of proficiency, and equates to being able to communicate in most everyday situations. 

READ ALSO: What you need to know about Italy’s language test for citizenship

For those who simply need to pass the exam in order to get the required paperwork, and don’t need to prove their linguistic competency for any other reasons (such as study or employment), there is a simplified ‘B1 cittadinanza’ (B1 for citizenship) exam created specifically for this purpose. 

For residency and citizenship applications, certificates proving you’ve passed a language test are only valid if issued by a school (in Italy or abroad) which is accredited by one of four Italian language institutes recognised by the Interior Ministry.

Even though you don’t need a particularly high level of Italian to obtain either residency or citizenship, language skills will prove essential for foreign residents. Unlike in some parts of Europe, most Italians don’t speak English – at least outside of the more touristy areas.

Sweden

The Swedish government is currently carrying out an inquiry on a proposal that would require permanent residence applicants to prove basic Swedish proficiency. Right now, there are no language requirements for other short-term residence permits, including study permits and work permits. 

READ ALSO: TEST: Is your Swedish good enough for permanent residency?

Under the proposal, applicants would have to pass a test certifying that they can read, write, listen, and speak at an A1/A2 level on the Common European Framework of Reference for Languages (CEFR) scale. In the Swedish government’s free language classes, known as Swedish for Immigrants (SFI), this corresponds to passing course C, the third of four levels. 

This proposal is still in its inquiry stage, which will end in May 2023. 

Austria

Austria has language requirements for most of its residence permits and German knowledge is expected to increase as people need to renew their cards.

There is no language requirement for the most common work-based permit, the Red-White-Red card, though. However, there is a point-based system to be able to apply for the permit and knowing German or English will give the candidates points – how many and for what level will depend on which group they belong to.

READ ALSO: How Austria is making it easier for non-EU workers to get residence permits

For example, “very highly qualified workers” will get ten points (they need 70) if they speak German or English at an A2 level. But “skilled workers at shortage occupations” can get 15 points if they can prove German knowledge at a B1 level (ten points for A2 and five for A1) and another ten for English at a B1 level.

The Red-White-Red Card is issued for 24 months and entitles the holder to fixed-term settlement and employment by the employer specified in your application.

READ ALSO: Working in Austria: Why foreigners find it hard to integrate in the workplace

After that, they may apply for the Red-White-Red Plus, which is also the permit for family members of Austrian citizens, Red-White-Red Card workers, and EU citizens.

In many cases, including for spouses of Austrian citizens, but not for family members of EU citizens, there is a language requirement of an A1 level German even before immigration. You can read more about the requirements and exceptions here. The requirement will go up to B1 (which is also the minimum level for naturalisation) as they seek a long-term settlement, with few exceptions.

Denmark

Denmark requires people who are granted residence based on family reunification to pass a language test. This only applies to family reunified spouses (and not, for example, children).

People granted residence in Denmark on the grounds of family reunification with spouses are normally required to pass two tests in Danish, meeting the A1 and then A2 standards. The A2 requirement does not apply to people who applied before July 2018.

The A1 level test must be passed within six months of being granted a residence permit in Denmark, and the A2 level test within nine months.

Passing the language tests reduces the so-called ‘bank guarantee’ (bankgarantien), a sum of money which must be provided by the spouse as security against the granting of their partner’s work permit. More detail on this can be found here.

READ ALSO: How the dizzying cost of family reunification keeps Danes and foreign partners apart

There are various ways for non-EU residents to get a Danish work permit based on their profession. A list of different types of work sectors and requirements needed can be found on the website nyidanmark.dk.

These include the Fast-Track Scheme, Pay Limit Scheme and Positive Lists among a series of other routes. Unlike with family reunification, profession-based residence and work permits do not have a language requirement.

READ ALSO: What’s the difference between temporary and permanent residency in Denmark?

Elsewhere in Europe

In the Netherlands, the requirements will depend on many factors, including your nationality.

Before getting a residence permit, many people must go through a process to receive a provisional residence permit, the MVV. During this process, there is a Dutch language requirement.

However, citizens of EU and EEA countries, Australia, Canada, the UK, US, Switzerland and other countries do not need the MVV and, therefore, will not need to prove Dutch skills. Furthermore, people who are family members of an EU or EEA citizen (but not Dutch citizens) also don’t need the provisional residence permit and can skip the language requirements in most cases.

Depending on your purpose of stay, you might not need an MVV or proof of Dutch knowledge. If you need to fulfil language requirements, the level is A2, but the Dutch government intends to increase it to B2.

You can find more information here.

In Portugal, there are no language requirements for long-term residence visas regardless of the applicant’s nationality or purpose of stay.

After five years of legal residency, though, it’s possible to apply for a permanent residence permit, which has an A2 Portuguese level requirement.

In the United Kingdom, most people who are applying for citizenship or settling in the UK (the “indefinite leave to remain”) will need to prove their knowledge of the English language if they are 18 or over.

The requirement is at least a B1 level of English which can be confirmed by submitting a qualification or having a degree taught or researched in English.

You do not need to prove your knowledge of English in certain circumstances.

In Belgium, things can get a little tricky. Anyone who wants to stay in the country for more than 90 days will have their “efforts to integrate into Belgian society controlled”, according to the Foreign Office.

There are several exemptions to this, though, including minors or refugees. You can check all exemptions here.

Those who are not exempt will be required to prove “integration efforts” whenever applying for the renewal of their permits and for a limited period after, depending on the type of permit. The checks also apply to those with permanent residence.

The assessment of the “integration efforts” takes into account several criteria, including if the person is employed, if they attended an integration course, went to school, and if they have knowledge of the local language.

If the efforts are considered non-existent or insufficient, the Foreign Office may “refuse to renew the residence permit or terminate the stay” – though they add that they will consider the nature and strength of family ties in Belgium.

Don’t forget to check the official websites and consult with the embassies and local offices to get information on your specific case.

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