Sentidokomon

(Published in Tinig Pinoy, November 2007 issue)

In the past weeks, talks about the  long term residency approval has been aired many times over radio stations in Cyprus and likewise been published in Greek newspapers where it stipulated that obtaining a long term residency status is deemed possible now especially for those who continuously stay here for five years and above.

Non European citizens including those coming from the  third world countries like Filipinos are so adamant of knowing the truth, thus making so much fuss about this very important issue. Sources however said that the directive was issued last January 2006 but only this year that it will come into full force. The Migration Department has become very keen on  accepting applications and there seemed to be a very strict  process about it.

Mr. Doros Policarpou of KISA, has confirmed the matter over the phone and was so kind enough to provide Tinig Pinoy the full copy of  the directive concerning the long term residency. Below are full details of the directive, viz:

INFO LEAFLET FOR MIGRANTS ON THE COUNCIL DIRECTIVE 2003/109/EC CONCERNING THE LONG TERM RESIDENTS

The Council Directive 2003/109/EC of the European Union concerning the status of third country nationals (i.e. non eu citizens) who are long term residents in the European Community is into force, as from 23 January 2006.

 1.      Who  is entitled to the long term residence status

Third-country nationals (i.e. non European Union citizens) who have resided legally and continuously in Cyprus for five years immediately  before the submission of their application.

The Following persons are excluded:

·         Third country nationals who don’t stay legally in Cyprus

·         Asylum seekers

·         Refugees and persons with subsidiary protection 

·         Students or persons staying in Cyprus for the purpose of vocational training (However former students who after their studies have had a different kind of residence permit, i.e. employment, then the years of their studies count in half for the purposes of the long term residence status.)

·         Persons living in Cyprus on temporary grounds, such as seasonal workers or au pairs (au pairs means unpaid domestic work, it does not means the domestic workers).

(However, if in reality these persons stayed in Cyprus longer than on a temporary basis, i.e. for five years, then possibly the Directive applies to them irrespective of the kind of residence permit they had. If persons of these categories stayed in Cyprus with a different kind of residence permit that allows them to apply for long term residence status, then the periods staying in Cyprus as seasonal workers or on a temporary basis cannot be counted towards the five year period)  

 2.      How to count the five years

Periods of absence from Cyprus do not interrupt the five year period and are taken into account when they are shorter than six consecutive months and do not exceed in total 10 months within the five year period.

 3.      Decision of the Civil Registry and Migration  Department

The Department has the obligation to:

·         Inform you about the decision as soon as possible and in any way not later than six months from the date of the application.

·         Inform you about your rights and obligations under the Directive.

·         Grant to you the long term residence status if you submit all the  necessary information that are mentioned in point 3 above.

 4.      Long term resident’s permit

·         The long-term resident’s permit is permanent, unless it is withdrawn for the reasons mentioned in point 6.

·         The permit is valid for at least five years and may be renewed automatically on expiry. The expiry of your permit does not mean that your status is withdrawn or lost.

·         The type of the residence permit must be “long term resident –EC� You must make sure that this is the type of residence permit granted to you, otherwise you cannot claim the rights and benefits the Directive grants to long term residents. 

 5.      Withdrawal or loss of status

Your long term residence status may be lost in the following cases:

·         If you submitted false information in order to get the status and this is discovered by the Department.

·         If a deportation order has been issued against you because you are considered as an actual and sufficiently serious threat to public ´order´ or public security.

·         if  you are absent from Cyprus for a period of 12 consecutive months.

 6.      Yours rights under the long term residence status

               I.      You should be treated equally with Cypriots as regards:

·         Access to employment and self-employed activity and conditions of employment and working conditions, including conditions regarding dismissal and remuneration.  (This means that you no longer need to be employed only by employers that have a permit to employ migrants. You can find a job anywhere you want or you can even establish you own business.)

·         education and vocational training, including study grants;

·         recognition of professional diplomas, certificates and other qualifications (this means that if you have a diploma or certificate from your country or any other country in one field (i.e. nurse) you are entitled to ask for its recognition and to try to get a job in your field i.e. you don’t have to work as a domestic worker if you have a diploma as a nurse or any other profession)

·         social security, social assistance and social protection;

·         tax benefits;

·         access to goods and services and the supply of goods and services made available to the public and to procedures for obtaining housing;

·         freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

·         free access to the entire territory of the Member State concerned, in this case Cyprus.

 II.      When Cyprus enters the Schengen zone, you will also have the right to move freely in any other member state  of the EU for a period of three months without a visa.

    III.      Under certain conditions, you have the right to get a residence permit to reside in any other member state of the EU you wish to stay. 

 7.      Protection against deportation

After you get the status of long term residents, the Directive includes also special provisions that protect you from deportation. The State can deport you only if you are considered to be an actual and sufficiently serious threat to public order or public security and not for any other reason.

 8.   Other Information

 In case you have made an application to acquire the status of lon-term residence in accordance with Directive 2003/109/EC, and the police has arrested you in order to deport you,  you may contact KISA immediately in order to support you.

 In case you leave Cyprus willingly, after you have received a letter from the authorities that you have to leave Cyprus because your application for long term residece status or any other application you may have submitted for the renewal of your residence permit, is rejected, you lose the rights contained in the Directive.

 In case you have been arrested by the police and you sign that you leave Cyprus willingly, you lose the rights contained in the Directive.

 You should always remember that for the Directive to apply, you need to be five years legally and continuously in Cyprus before you submit the application.

 In case the Republic of Cyprus deports you against your will, you have the right to continue claiming the rights contained in the Directive. In such a case you may contact us immediately from your country of origin, giving us, by e-mail or fax, your personal details and the exact facts regarding your case and your deportation.

 For Futher Information and Assistance please contact the Offices

Nicosia: Arsenoes Street 48, 1010 Nicosia, Tel. 22 878181, Fax. 22 773039

Email: kisa@cytanet.com.cy