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EU: Statewatch Analysis: Extending EU long-term resident status to refugees and persons with subsidiary protection status by Steve Peers, Professor of Law, University of Essex

01 December 2010

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EU: Statewatch Analysis: Extending EU long-term resident status to refugees and persons with subsidiary protection status (pdf) by Steve Peers, Professor of Law, University of Essex.

"The European Parliament (EP) and the Council have recently agreed on a Directive to extend long-term resident status to refugees and persons with subsidiary protection. This Directive is a modest but significant step towards fair treatment of persons needing international protection...

This legislation has been agreed at ‘first reading’ in the ordinary legislative procedure, ie following wholly informal contacts between the EP and the Council which in practice were not at all transparent.... the EP gave up pressing for some of the amendments which it sought in its original vote in 2008 – the softening (for refugees and persons with subsidiary protection) of the conditions concerning integration and the income requirements which Member States can apply before obtaining longterm resident status....

Since the exclusion of refugees and persons with subsidiary protection status from long-term residence status could never be plausibly justified, this new Directive can only be welcomed. It is unfortunate that it took so long to achieve, and that a greater relaxation of the rules applicable to qualification for long-term resident status was not agreed for refugees and persons with subsidiary protection."

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