E.U. Preparing Uniform Residency Permits
April 25, 2011— European Union (E.U.) member countries are in the process of finalizing plans to implement a new uniform biometric residence permit that will take effect in May of 2011. The rules will require third-country nationals residing in the E.U. to obtain the new or replacement permits in the near future. Processing delays can be expected as member countries begin to issue the new permits.
In general, third-country nationals must obtain a residence permit if they will remain in an E.U. country for more than 90 days. The new regulation requires a member country’s residence permits to contain a variety of security and biometric features, such as the holder’s fingerprints and a digital photograph. The new residence cards are intended to prevent unauthorized migration and facilitate police work. They should also help employers comply with an E.U. directive taking effect in July of 2011 that will require new hires who are third-country nationals to present valid residence permits or other proof of authorization for their stay.
The permit regulation requires every E.U. member country to implement a card that meets uniform guidelines, but application procedures and implementation dates vary by country. The following are the latest details on how E.U. member states are phasing in the new permit rules:
Austria: The Austrian government is currently reviewing laws designed to implement the E.U. regulation. Additional details are expected in the near future.
Belgium: Belgium began to partially implement the uniform residence permit at the end of 2007, introducing electronic cards containing a digital photograph and a data chip. However, the chip – designed to contain the cardholder’s fingerprints and an iris scan – does not yet contain data. Belgian authorities are awaiting further technical details from the European Union before fully implementing biometric and security requirements.
Czech Republic: Beginning in May of 2011, Czech authorities are expected to begin issuing new biometric residence permits that will include the holder’s fingerprints and a digital photograph.
Germany: Technical issues will delay the implementation of the uniform residence permit program until September 1, 2011. Existing sticker-form permits remain valid until September 1, 2011 or their current expiration date, whichever is longer, but not beyond April 30, 2021.
Germany will announce at a later date the final procedures and requirements to obtain the residence card. It is expected that local alien offices will collect applicants’ fingerprints and transmit them to the Federal Printing Office to produce the residence cards. (Children under six will be exempt from fingerprinting.) Government fees may also increase from €40 to as much as €120. Authorities will not permanently store applicants’ biometric information; it will reside only the card’s chip, which means holders will have to resubmit biometrics when renewing their cards.
The turnaround time to physically produce and issue the new residence cards, which will include a residence and work permit, is expected to be four to six weeks, and does not include the time required to process the underlying permit application, which is filed upon arrival in Germany. Nationals of visa-subject countries would be able to begin work immediately upon arrival based on their entry visas. In contrast, third-country nationals who do not require an entry visa to Germany (e.g., U.S. nationals) would have to obtain a residence and work permit before beginning to work, a process that could take several weeks after arrival in Germany. Authorities could provide an interim permit to allow visa-exempt nationals to begin work earlier.
Luxembourg: Legislation to adopt the E.U. regulation in Luxembourg’s domestic law was proposed on March 23. The contents of the proposed legislation and the final implementation date for the E.U. residence permit have not been made public.
Norway: The Norwegian Ministry of Justice and Police is holding hearings to review the uniform permit regulation and determine how best to incorporate it into the nation’s legislation. When the hearings conclude on May 23, 2011, proposed regulations will go through the legislative process for eventual adoption.
Sweden: Swedish authorities plan to implement the new residence permit, called the UT-card, on May 20, 2011. The card will replace the stickers that are currently in use. The UT-card will have a number of security features and include two of the holder’s fingerprints and a facial photo on its chip.
During the first stages of the card’s implementation, processing of the UT-card may take up to a month upon approval of the application, due to the scarcity of biometric facilities. Foreign nationals will have an option to apply for a UT-card outside Sweden; however, the application process may take longer, as it will require a personal appearance at a Swedish consular post that has a biometric station.
United Kingdom: Since October of 2010, the U.K. Border Agency has required foreign nationals in most immigration categories to obtain a biometric residence permit that already meets the requirements of the new E.U. regulation. |
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