EU long term resident status after five years, conditions and deadlines

Long term resident status in the European Union runs under Directive 2003/109/EC. Article 4 requires five years of legal and continuous residence immediately before the application. Article 7 requires the authorities to give a written decision no later than six months from the date the application was lodged. The status is different from a permit, and stronger.

The difference in one sentence. An ordinary work permit is tied to one employer and one position. Long term resident status attaches to the person, is issued for at least five years, and under Article 8 is automatically renewable on application.

How the five years are counted

This is where the misunderstanding sits. Article 4 states that absences during the period must be shorter than six consecutive months and must not exceed 10 months in total. Two months in India every year does not break the count. One eight month break does.

Article 3 also sets out who falls outside the scope: students and vocational trainees, holders of temporary protection, applicants whose refugee claim is pending, au pairs, seasonal workers, workers posted by a service provider, and diplomatic staff. Seasonal workers appearing on that list is the most expensive line in practice, because nine months of seasonal work repeated several times still adds no years to the count. The seasonal rules are set out in seasonal work rules in Europe.

Read the language of Article 5 closely. The resources have to be sufficient to maintain the applicant and the family without recourse to the social assistance system, alongside sickness insurance. Member states may also impose integration conditions, which in practice means a language test.

What changes once the status is granted

Article 11 gives a right to equal treatment in employment, education, social security, housing and freedom of association, subject to specified limitations. The largest practical difference is that changing employer no longer requires a fresh permit, whereas on a single permit that is a new decision. The single permit structure is set out in the single permit explained.

The second difference sits in Chapter III, Articles 14 to 23, which opens a route to residing and working in a second member state, though resources, insurance and a residence permit procedure apply there too. It is not free movement, but it is not starting from zero either.

For highly qualified roles the EU Blue Card runs its own arithmetic, separate from this directive, as set out in the EU Blue Card.

Fees, and the lapse that shows up in year five

Fees are set nationally and are small. Under the Croatian Ministry of the Interior fee schedule, producing the biometric residence card costs 31.85 euro, or 59.73 euro under the expedited procedure, with 9.29 euro for issuing the document.

The real loss is in the count rather than the fee. A concrete case: a worker spends four years in Poland, then stays seven months in India for family reasons, and applies on return. The Article 4 condition is broken because a single absence ran longer than six months, and the count restarts. Had those same seven months fallen in two parts, the count would have held.

So the plan for year five is made in year one. Write down the dates every time you travel to India, keep any single absence well away from six months, and keep the total under 10. The employer's side of this procedure is described on the employers page.