Permanent Residency

Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country despite not having citizenship. A person with such status is known as a permanent resident.

Also known as Legal residence (Tax resident), which is colloquially meant by "permanent residency" in most contexts where visas and citizenship issues do not generally apply.

Legal residence is the principle that each legal person (natural or corporate) has a single location of primary residence. This is of relevance with respect to taxation and other state-imposed obligations, but is also important with respect to the determination of citizenship or nationality.

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Blue Card (European Union) 2

The blue card proposal was presented at a press conference in Strasbourg on the 23rd of October, 2007, by the President of the European Commission José Manuel Barroso and Commissioner for Justice, Freedom and Security Franco Frattini. Barroso motivated the proposal with the EU’s future lack of labour and skills, the difficulty for third country workers to move between different member states for work purposes, the conflicting admission procedures for the 27 different member states, and the "rights gap" between EU citizens and legal immigrants. The proposal was presented along with another proposal, COM(2007)638, which includes a simplified application procedure and a common set of rights for legal third-country workers.

Shortly after the proposal was presented, it received heavy criticism. South African Minister of Health Manto Tshabalala-Msimang pointed to the fact that several African countries already suffer from the migration of skilled health workers and said that this proposal might worsen the situation. Moroccan international economic law professor Tajeddine El Husseini went further, saying that this "is a new form of colonisation, of discrimination, and it will be very hard to find support for it among southern countries".

On 20 November 2008 the European Parliament backed the introduction of the blue card while recommending some safeguards against the brain drain and greater flexibility for EU Member States.

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Blue Card (European Union)

The Blue Card or the Blue European Labour Card is a proposed EU-wide work permit allowing high-skilled non-EU citizens to work and live in any country within the European Union, excluding Denmark, Ireland and the United Kingdom, which are not subject to the proposal. [1] It is inspired by the United States' Green Card and takes its name from the EU flag, which is blue with twelve golden stars.

The proposal, which has been presented by the European Commission, will offer a one-track procedure for non-EU citizens to apply for a work permit, which would be valid for up to two-years, but can be renewed thereafter. Those who are granted a blue card will be given a series of rights, such as favourable family unification rules. The proposal also encourages geographic mobility within the EU, between different member states, for those who have been granted a blue card. The legal basis for this proposal is Article 63(3)(a) and (4) of the Treaty of Rome, which states that the Council shall adapt measures on immigration policy concerning “conditions of entry and residence and standards on procedures for the issue by Member States” and measures “defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States”.

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Proof of permanent residency

People who are granted permanent residency in a country are usually issued some sort of documentary evidence as legal proof of this status. In the past, many countries would merely stamp the person's passport indicating that the holder was admitted as a permanent resident or that he/she was exempt from immigration control and permitted to work without restriction.

Other countries would issue a photo ID card (known in the United States as a "green card") or would issue a visa sticker in the person's passport or present them with letter to indicate their permanent resident status.

In Australia and New Zealand, a printout of permanent residence visa or residence permit is stuck to a page of the permanent resident's passport.

In Canada, permanent residents are issued a photo ID card known as PR Card or Maple Leaf Card.

In Hong Kong, permanent residents are issued a Hong Kong Permanent Identity Card.

In Singapore, permanent residents are issued a blue identity card with their photograph, thumb print and other personal particulars.

In Switzerland, permanent residents are issued a yellow ID

Loss of the identification document and/or the possession of a stolen document are major crimes in many countries.

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Automatic entitlement

Full permanent residence rights are granted automatically between:

• the Republic of Ireland and United Kingdom


• the states of the Nordic Council

Rights conferred under the European Union Treaties do not extend to full permanent residence, but in practice there is little difference.

Australian and New Zealand citizens have significant rights of residence in each other's nations under the Trans-Tasman Travel Arrangement.

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Access to citizenship

Usually permanent residents may apply for citizenship by naturalisation after a period of residency in the country concerned. Dual citizenship may or may not be permitted.

In many nations an application for naturalisation can be denied on character grounds sometimes resulting in individuals that are not in danger of being deported but may not proceed to citizenship. In the United States, the residency requirements for citizenship are normally five years, even though permanent residents that have been married to a US citizen for three years or more may apply in three years. Those who have served in the armed forces may qualify for an expedited process allowing citizenship after only one year, or even without any residence requirement.

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Loss of status

Permanent residents may lose their status if they fail to comply with residency or other obligations imposed on them.

For example:

• they leave the country beyond a maximum number of days

• they commit crimes so as they may be subject to deportation or removal from the country

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Obligations of permanent residents

Permanent residents may be required to fulfill specific residence obligations to retain their status. In some cases, permanent residency may be conditional on a certain type of employment or maintenance of a business.

Some countries have compulsory military service for Permanent Residents and Citizens. For example, Singapore requires all males who are citizens and permanent residents to complete a compulsory 2 years of service in the army known as National Service (NS) upon attaining 18 years of age. However, most first generation permanent residents are exempted, and only their sons are held liable for NS.

In a similar vein, the United States has Selective Service, a compulsory registration for military service, which is required of all male citizens and permanent residents ages 18 to 26; this requirement applies even to those residing in the country illegally Applications for citizenship may be denied or otherwise impeded if the applicant cannot prove having complied with this requirement.

Permanent residents may be required to reside in the country offering them residence for a given minimum length of time (as in Australia and Canada).

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Rights of permanent residents

Depending on the country, permanent residents usually have the same rights as citizens except for the following:

• they may not vote (some countries
  allow this)


• they may not stand for public office


• they may not apply for public sector
  employment (some countries allow this)


• they may not apply for employment
  involving national security (some countries allow this) (In Singapore,
  however, male PRs have to undergo compulsory military service, unless they
  are granted PR under Technical and Skill Workers Migration Scheme. For
  example a first generation male, granted permanent residence by marrying a
  citizen, still ought to serve NS.)


• they may not own certain classes of real
  estate


• they may not hold the passport of that
  country


• they may not access the country's consular
  protection (some countries allow this)

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Countries with permanent residency systems

Not every country has a facility for someone to be a 'permanent resident. All European Union countries have a facility for someone to become a permanent resident though, as EU legislation allows for an EU national that moves to another EU country to attain permanent resident status after residing there for five years.

The countries that have a permanent resident status include:

• Argentina


• Australia


• Brazil


• Brunei Darussalam (called "penduduk tetap")


• Canada (permanent residents were known as landed immigrants before 28 June 2002)


• Chile


• China (Programme started from 2004)


• Hong Kong (either through Right to land or Right of Abode)


• Macau


• Czech Republic - trvalý pobyt


• Denmark


• Finland (permit P)


• Germany (called Niederlassungserlaubnis)


• Greece (called Πράσινη Κάρτα)


• Guatemala


• Iran


• Israel (The term toshàv-kéva may refer to a permanent resident without citizenship, or to a citizen with registered abode)


• Japan


• Malaysia (called "penduduk tetap" and "PR")


• Mexico


• Netherlands (called Verblijfsvergunning voor onbepaalde tijd)


• New Zealand


• Norway (called Bosettingstillatelse)


• Poland (called Karta stałego pobytu)


• Republic of China (Taiwan)


• Romania (called Permis de şedere permanentă)


• Russia (called Vid na zhitelstvo)


• Singapore


• South Africa


• Spain


• Sweden


• Switzerland (called a C permit or Niederlassungsbewilligung (settlement permit) )


• United Kingdom (either through Indefinite Leave to Remain or Right of Abode or Permanent Residence for EEA nationals)


• United States (see permanent residence (United States))


• Ukraine (called posvidka na postijne prozhivanie)

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