Directive 2003/109/EC has recognized a sort of “European status” for non-EU citizens who are legally present in the territory of a European Union country continuously for at least five years. However, each European State, in transposing the Directive, has established different conditions and procedures, always respecting the principle of equal treatment throughout the European territory, regardless of the EU country of residence.

The rights of this status for citizens holding a long-term EU residence permit, known as a “residence permit,” are valid in all EU countries except Denmark, the United Kingdom, and Ireland.

In Switzerland, Iceland, Norway, and Liechtenstein, non-EU States, although it is possible to freely circulate for a maximum of 90 days with a residence permit, the directive does not apply, and therefore, it is not possible to move for periods longer than three months.

Every non-EU citizen holding a Long-Term EU Residence Permit can freely circulate in Europe even for periods exceeding 90 days. However, if they intend to settle in a European Union country, they must first verify the internal “rules” issued by that country. To learn about the operational procedures for staying in another member country, it is advisable to contact the relevant Foreign Office, the consular authority, or visit the institutional websites of the destination country.

In any case, the long-term EU residence permit will be replaced by a residence permit for study, work, etc., according to the methods and procedures established by the European State.

How it works in Italy

In Italy, reference is made to Article 9 bis of Legislative Decree 286/98, which provides that a non-EU citizen holding a long-term EU residence permit issued by another member state may request to stay in Italy for a period exceeding 90 days for the purpose of:

• Performing subordinate or self-employed work in compliance with other conditions provided by national legislation;
• Attending courses of study or professional training.

To carry out subordinate work activity, prior authorization is required from the Single Desk of the Prefecture of the territory, the so-called “Nulla Osta” (clearance). This authorization must also be requested in the case of self-employed activity. However, authorizations are subject to numerical limitations: the “decreto flussi” issued by the Italian Government establishes the maximum number of residence permits for work that can be issued to holders of long-term EU residence permits.

Outside of these cases, one can still stay in Italy if able to demonstrate adequate financial resources double the minimum amount required for exemption from healthcare expenses and medical insurance.

The holder of the long-term EU residence permit, once the formalities have been completed and the procedures followed to attend a course of study or to work, must request the issuance of the corresponding permit for the reason of stay. For work, once the clearance is obtained from the Single Desk, it will issue the pre-filled form to be sent to the Police Headquarters via the Friendly Desk present in post offices. In other cases, one must directly obtain a postal kit and send it to the post offices.

Also, the family member of the holder of a long-term EU residence permit issued by another member state may enter Italy and apply for a residence permit for family reasons. This is only possible if, before the transfer, they lived with the permit holder and if the conditions provided for by Article 29 of Legislative Decree 286/98 on family reunification (relationship, income, and suitable accommodation) are met. For the request of such permit, one must apply via postal kit.

Once the application has been examined, the Police Headquarters will issue a temporary residence permit, renewable without withdrawing the EU permit held, and will inform the national contact point, the Central Immigration Directorate of the Ministry of the Interior.

With the issuance of the residence permit, the non-EU citizen maintains the status of long-term resident in the member state of origin until deciding to acquire such status in the second member state.

Indeed, when the holder of the residence permit issued by the Italian State meets the requirements for the issuance of the EU long-term residence permit (Article 9 of Legislative Decree 286/98), they can also obtain a long-term residence permit in Italy. The Member State that issued the previous EU permit will be informed of the issuance.