Possible fines over failure to implement residency law

CYPRUS COULD face fines after failing to implement an EU directive that allows long-term resident third-country nationals the right to apply for European resident status in time, senior government officials said yesterday.

“Hopefully we will have passed the legislation before the EU asks for an update of whether or not we have… Hopefully this will be before the end of year,” Civil Registry and Migration department director Anny Shakalli told the Cyprus Mail.

Shakalli was also hopeful that the island would not have “problems” with the EU over its failure to implement the directive by the December 4 deadline it had been given.

In September parliament was given until the beginning of this month to pass the directive. It was the second extension the island was given following the directive’s enforcement across the 25-member bloc in January.

The House Interior Committee is expected to review the amended bill this Monday. It is believed deputies hope to see the directive passed before the close of parliament for Christmas on December 22.

According to reports to the changes made to the bill effectively facilitate third country nationals application for EU resident status.

Shakalli said foreigners who had lived in Cyprus for more than five years but had been out of the country for a period of over 10 months but no more than two years would now be eligible to apply as long as the reasons for the absence was serious, such as ill health or for professional reasons regarding a Cypriot based company.

Another change, according to Interior Ministry officials, relates to the Greek language proficiency and Cyprus history and culture examinations. The original draft of the law stipulated that the examinations had to be sat by all third country nationals irrespective of education or job description.

But, believing this too harsh a criterion for unskilled or uneducated workers, deputies asked that the point be revised. The government has therefore agreed that the committee appointed to review each application be allowed to exempt certain third country nationals from the examinations if his or her profession allows.

Council Directive 2003/109/EC grants European resident status to third-country nationals who have resided legally and continuously within the territory of a member state for five years.

According to EUROPA, an official EU website “the Directive also approximates national legislation and practices regarding the terms for conferring resident status and lays down the conditions for residence in member states other than the one which conferred resident status”.
According to the directive a member state also has the option to require that third-country nationals comply with further integration conditions such as language proficiency.

Refusal to grant long-term resident status on grounds of public policy or public security is also possible.

Before the law’s amendment the government estimated 7,000 people were eligible to apply.
Human rights groups have repeatedly accused the government of being negatively predisposed towards the law and of trying to limit the number of immigrants eligible for long-term status.
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