Long Term Residency - New Practical Guide
01/09/2008 - 16:03:09
NEW PRACTICAL GUIDE FOR MIGRANTS APPLYING FOR LONG-TERM RESIDENCE STATUS
The National Law transposing the Council Directive 2003/109/EC of the European Union concerning third-country nationals (i.e. non EU citizens) who are long-term residents in the European Union, came into force on 14 February 2007 (Law N. 8(1)2007).
KISA has prepared this booklet in order to inform you about the provisions of this Law, your rights according to the Law and to offer you practical advice and guidance on how to apply and claim the long-term residence status.
On 21 January 2008, the Full Bench of the Supreme Court decided by majority that a migrant woman (domestic worker) was not eligible for long-term residence, because, irrespective of the fact that she had been legally and continuously residing in Cyprus for five years, her residence permit was temporary and formally limited in time.
As a result, the Cypriot Authorities discourage eligible migrants from applying for Long- term residence status. If such migrants do apply, their applications are rejected.
KISA is of the opinion that the above Supreme Court decision as well as the policy followed by the Civil Registry and Migration Department violates Directive 2003/109/EC concerning the status of long-term residents.
In response to our reporting this situation, the European Commission has informed KISA that they are already investigating as to whether the Cyprus Government and the Supreme Court have violated Directive 2003/109/ΕC and the Treaty of the European Community.
KISA is also lobbying the House of Representatives in order to proceed with an amendment of the Law, so that the categories of migrants that may be exempted from the scope of the national law are clear.
KISA is assured by the Minister of Interior that, in the meantime, all migrants with 5 years’ legal and continuous residence in Cyprus and a valid residence and work permit on 23 February 2006 onwards, they will be given the right to renew their temporary work permit irrespective of the fact that they lost their legal status after the 23 of January 2006.
In the light of the above, KISA advises all persons eligible for long-term residence:
1. To renew their temporary work and resident permits without further delay
2. To continue to apply and to submit their applications for Long-Term Residence Status to the relevant department at the Ministry of Interior, irrespective of the decision of the Supreme Court or the policies followed.
For the full text of the Guide please follow the link below
External Links