Permanent comunitario changed larga duracion EU

[Unregistered]

Hello patricia
Thanks for ur guidance, with ur guidence i received permanent residence card(validity 10 years). In m/o March my divorce is also completed. Then With this card i tried differnt EU countries for job but they did not give me permission to do work. They were saying with this card with ur wife u can do work here. without her u can not do work. So

I came back in spain and I applied to get Larga duracion EU. Now my residency larga duracion eu Resulto FAVORABLE now.
1.Hope now i can do work in whole europa now?
2.when i will get larga duracion EU. i have to return my residency Permanent comunitario? or i can use both?
3.If i go in other country i start business at there and have business in spain also after 10 years can i apply for nationality?
4.If i do not go in other country and live and do work in spain, after 10 years i can apply for nationality.
Thanks and awaiting.

[Patricia]

Hello,

I am very glad that my advice was so useful.

The fact of holding a Larga Duracion UE residence card will allow you apply for a work permit in other EU countries however, it does not grant you the permit to work immediately; you need to file the relevant application form providing you meet the requirements set by that specific country, as each country has a right to determine and regulate which are the conditions to grant a work permit to foreigners. The fact of holding the long stay residence card in another EU country under regimen comunitario, will help in the sense that the access will be slightly simplified and following more flexible and easier paths to eventually obtain the permit, compared to other individuals holding Regimen general residence cards.

Now, in response to your specific questions:

1. Hope now i can do work in whole Europe now? - No, each country has different rules. You would be able to work in all EU countries if you had EU nationality.
2. Once I get larga duracion EU., do I have to return my residency Permanent comunitario? or i can use both? - You can only hold one residence card; the new one will invalidate the former one.
3. If i go to other country, I start business there and have business in Spain also, after 10 years, can i apply for nationality? - Spanish citizenship can be applied fro after 10 years if legal residency. Therefore, if your Spanish residency is never cancelled you will be able to apply for nationality no matter you have businesses in another countries.
4. If i do not go to other country and live and do work in Spain, after 10 years, can I apply for nationality? - Yes.

Regards,

[Unregistered]

Hello Patrica, I am in a similar position and I have a Permanente Communiatrio for 10 years ( I am divorced) I would like to work in another EU country and I am being told I will need a Large Duracion EU to apply from within the EU country I wish toy work in . The larga Duracion is for 5 years , while the Permanente Communiatrio for 10 years and I have been told I cannot hold the both at the same time . Is Larga Duracion UE regarded as a permament residence like Permanente Communiatrio or does the Permanente Communiatrio have more rights than the Larga Duracion UE . I do not want to echange my Permanente Communiatrio for Larga Duracion UE but it seems that is the only way to work in another EU country . Are there conditions whereby one can hold the both ? Thank you

[Patricia]

Dear Sir,

As you hold residency under regimen comunitario, you are not eligible and in fact, you do not need the Long stay residence card EU, as that is intended for those applicants under regimen general, that follows a different regulation than Comunitario ( EU ).

Your rights are protected under the Directive 2004/58/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&ihmlang=en&lng1=en,es&lng2=da,de,el,en,es,fi,fr,it,nl,pt,sv,&val=387153:cs). With your current Permanent residence card as relative to an EU citizen under regimen comunitario, you will have easier access to a residence permit in other EU memeber Estate.

Regards,

[Unregistered]

Thank you for your reply Patricia . You are right that I am protected under the EU treaty rights , but I have been told by the IND in Holland , that I need Larga Duracion UE to apply for a resident permit in Holland . The fact that I am divorced from my EU spouse makes it very difficult for me . I have been told by lawyers in Holland that in Holland , I would have been able to hold both the Larga Duracion UE and my communiatrio permanente . Is that the same in Spain or if I were to be given Larga Duracion UE , will that cancel the ommuniatrio permanente?Thank you .

[Patricia]

Hello,

In Spain, you are either under regimen comunitario or regimen general. You are under regimen comunitario now. I believe you can apply to shift to regimen general and apply for the Long stay residence card EU, but you cannot hold both cards at the same time.

Regards,

[Unregistered]

please why is that holid of 10 years permanent communitario (Spain) and who has divorced his EU citizen cannot apply for residence or work permit in another EU country. what does the EU law says about this.

[Patricia]

Hello

Those individuals holding a permanent residence card in an EU member Estate can apply for a work and residence permit in other EU member Estate following the process the particular country has established, which will include proving sources of income and having medical cover. Automatic right to residency does not exist, but the procedure will certainly be more straightforward and simple than for the general rule. Please read an extract of the concerning Law below, and click on the Law title to read it in full.

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:l23034).

"Right of residence in the other EU countries
A long-term resident may exercise the right of residence, for a period exceeding three months, in an EU country other than the one which granted him/her the status, subject to compliance with certain conditions, including:
exercise of an economic activity in an employed or self-employed capacity;
pursuit of studies or vocational training;
other purposes.
However, an EU country may limit the number of residence permits if, at the time of the adoption of this directive, limitations for the admission of non-EU nationals are already set out in existing national law. At the same time, for reasons of labour market policy, EU countries may give preference to Union citizens.
The above conditions do not concern employees posted for the purpose of cross-border provision of services or providers of cross-border services.
When the application for a residence permit is lodged, the competent authorities in the second EU country * may require the presentation of certain documents (such as the long-term residence permit, an identity document, an employment contract, documentation with regard to appropriate accommodation, etc.) and evidence of stable and regular resources and medical insurance."

Regards,

[Daniyal]

Hi,
Thank a lot, there is great information for all,
My question is regarding residence permit,
i am from india, I just got my (5 years) permanent residency in spain, and i did not apply family immigration in spain for my wife, but recently my wife came to norway for 2 years study visa, now i am planning to apply norwegian residence card as a spouse of my wife.
my question is that if i will get residence permit from norway, so my spanish permanent residency will be cancelled or not ? is it possible i will take both residency? but i will use one at one time. because i don't want to lose my spanish residence permit. plese guide me. Thanks

[Marta]

Hello Daniyal,

It is not possible to hold residency in two different countries. You will need to chose one or another.

[Unregistered]

Hello, we hold Larga Duracion which is valid for 4 more years. We want to swtich to Larga Duracion UE now. What is the best way to do this?

[Patricia]

Hello,

If you wish to switch to that type of card, a specific application has to be filed at the immigration office, including documentation that proves you have a private medical insurance and sufficient sources of income for the whole family.

Sources of income must be quantified using as reference 150% monthly IPREM minimum for a 2 member family and adding 50% per additional dependent.
Current monthly IPREM is 537,84 €. That is 806.76 € per month for a two member family, 1,065.78 € per month for a three member family.