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EUROPEAN UNION

Non-EU family members of EU citizens can obtain long-term residence, court rules

The Court of Justice of the European Union has ruled that non-EU citizens who have residence rights in an EU country as family members of an EU national can acquire EU long-term residence.

Non-EU family members of EU citizens can obtain long-term residence, court rules
Non-EU family members of EU citizens can obtain EU long-term residence (Photo by Kenzo TRIBOUILLARD / AFP)

EU long-term residence is a legal status that non-EU citizens can obtain if they have lived continuously in an EU country for at least five years, have not been away for more than 6 consecutive months and 10 months over the entire period (although the rules are different for Britons covered by the Withdrawal Agreement), and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as knowing the language.

Long-term residence status grants equal treatment to EU nationals in areas such as employment, self-employment or education, as well as the possibility to move to other EU countries under certain conditions. 

But the procedure to get this status is not always straight-forward.

In this case, a Ghanian national who had a residence permit in the Netherlands because of a ‘relationship of dependency’ with her son, a Dutch citizen, saw their application for EU long-term residence refused.

The Dutch authorities argued that the residence right of a family member of an EU citizen is ‘temporary in nature’ and therefore excluded from the EU directive on long-term residence.

The applicant, however, appealed the decision and the District Court of The Hague referred the case to the EU Court of Justice for an interpretation of the rules.

On Wednesday the EU Court clarified that non-EU family members of EU citizens who live in the EU can indeed acquire EU long-term residence.

The EU long-term residence directive excludes specifically third-country nationals who reside in the EU temporarily, such as posted workers, seasonal workers or au pairs, or those with a residence permit that “has been formally limited”.

A family member of an EU citizens does not fall into this group, the Court said, as “such a relationship of dependency is not, in principle, intended to be of short duration.”

In addition, EU judges argued, the purpose of the EU long-term residence directive is to promote the integration of third country nationals who are settled in the European Union.

It is now for the Dutch court to conclude the case on the basis of the Court’s decision, which will apply also to the other EU member states.

The European Commission proposed in April to simplify the rules on EU long-term residence, especially when it comes to obtaining the status, moving to other EU countries and the rights of family members. 

These new measures are undergoing the legislative procedure have to be approved by the European Parliament and the EU Council. These rules also concern Britons living in the EU as family members of EU citizens.

Member comments

  1. So does this mean that an Article 50 card holder who is married to an EU National could acquire EU long-term residence status IN ADDITION to their Withdrawal Agreement rights in order to gain free movement in the EU and hence live and work in different EU countries?

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TECH

‘A great day for consumers in Europe’: EU votes for single smartphone charger

The EU parliament on Tuesday passed a new law requiring USB-C to be the single charger standard for all new smartphones, tablets and cameras from late 2024 in a move that was heralded a "great day for consumers".

'A great day for consumers in Europe': EU votes for single smartphone charger

The measure, which EU lawmakers adopted with a vote 602 in favour, 13 against, will – in Europe at least – push Apple to drop its outdated Lightning port on its iPhones for the USB-C one already used by many of its competitors.

Makers of laptops will have extra time, from early 2026, to also follow suit.

EU policymakers say the single charger rule will simplify the life of Europeans, reduce the mountain of obsolete chargers and reduce costs for consumers.

It is expected to save at least 200 million euros ($195 million) per year and cut more than a thousand tonnes of EU electronic waste every year, the bloc’s competition chief Margrethe Vestager said.

The EU move is expected to ripple around the world.

The European Union’s 27 countries are home to 450 million people who count among the world’s wealthiest consumers. Regulatory changes in the bloc often set global industry norms in what is known as the Brussels Effect.

“Today is a great day for consumers, a great day  for our environment,” Maltese MEP Alex Agius Saliba, the European Parliament’s pointman on the issue, said.

“After more than a decade; the single charger for multiple electronic devices will finally become a reality for Europe and hopefully we can also inspire the rest of the world,” he said.

Faster data speed

Apple, the world’s second-biggest seller of smartphones after Samsung, already uses USB-C charging ports on its iPads and laptops.

But it resisted EU legislation to force a change away from its Lightning ports on its iPhones, saying that was disproportionate and would stifle innovation.

However some users of its latest flagship iPhone models — which can capture extremely high-resolution photos and videos in massive data files — complain that the Lightning cable transfers data at only a bare fraction of the speed USB-C does.

The EU law will in two years’ time apply to all handheld mobile phones, tablets, digital cameras, headphones, headsets, portable speakers, handheld videogame consoles, e-readers, earbuds, keyboards, mice and portable navigation systems.

People buying a device will have the choice of getting one with or without a USB-C charger, to take advantage of the fact they might already have at least one cable at home.

Makers of electronic consumer items in Europe agreed a single charging norm from dozens on the market a decade ago under a voluntary agreement with the European Commission.

But Apple refused to abide by it, and other manufacturers kept their alternative cables going, meaning there are still some six types knocking  around.

They include old-style USB-A, mini-USB and USB-micro, creating a jumble of cables for consumers.

USB-C ports can charge at up to 100 Watts, transfer data up to 40 gigabits per second, and can serve to hook up to external displays.

Apple also offers wireless charging for its latest iPhones — and there is speculation it might do away with charging ports for cables entirely in future models.

But currently the wireless charging option offers lower power and data transfer speeds than USB-C.

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