Ad-Hoc Query on Residence Permit Cards. Requested by FI EMN NCP on 4 th May Compilation produced on 27 th September 2012

Transcription

1 Ad-Hoc Query on Residence Permit Cards Requested by FI EMN NCP on 4 th May 2012 Compilation produced on 27 th September 2012 Responses from Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Slovak Republic, Spain, Sweden, United Kingdom (20 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information Finland introduced biometric residence permit cards at the beginning of In practice the reform means that all residence permit applicants and asylum seekers who are older than 6 years will have prints taken of all their fingers to be recorded in the Register of Aliens. Fingerprints will be taken again when applying for permit extensions and permanent residence permits, and a new card will be issued each time. Biometric identifiers stored on the residence permit card chip include a facial image and two fingerprints. The residence permit card is not an official identity card. 1 of 10

2 Recording biometric identifiers on the residence permit will help to prevent malpractice by creating a more reliable connection between the residence permit holder and the permit itself. The changes are based on an EU Regulation issued in Finnish Immigration service is now interested to know, whether other EU MS have already introduced residence permit cards. Your answers are kindly requested by June 1 st Has Your MS introduced residence permit card based on EU regulation issued in 2008? If yes, when was the residence permit card introduced? 2. Are biometric identifiers such as facial image and/or fingerprints stored on the residence permit card chip? 3. Should the residence permit card be collected from the country of origin or from the country of destination? If the card should be collected in the country of destination, what kind of authorization is required for entering your country? 4. If the residence permit card should be collected in the country of origin, what is the expected delivery time given by the manufacturer? 5. Where should the residence permit card be collected from? Is there a certain procedure for collecting the card? 6. Has your MS faced any problems in delivering the residence permit cards to the countries of origin? If yes, please specify. 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Belgium Yes 1. Not yet. It is foreseen that the issuance of residence permits according to the model of the EU Regulation will start at the end of this year. 2. Facial image: yes, on the residence permit itself and also on the contact chip. Fingerprints: Not yet 3. In Belgium (country of destination). To enter the territory, the foreigner has to be in possession of a visa C (a part if the foreigner comes from a visa-exempted country) and start up the procedure in Belgium or he/she has to be in possession of a visa D. 2 of 10

3 4. Not applicable 5. At the municipality (place of residence). The foreigner is informed by the municipal authorities by phone or letter that he/she can pick up the residence permit card. 6. Not applicable Bulgaria Yes 1. Yes. The requirements of EU regulation 2008 have been introduced in the Law for the Bulgarian identity documents and the Law for the foreigners in the Republic of Bulgaria in Yes. 3. The Bulgarian residence permit cards can only be collected in Bulgaria. 4.Not applicable 5. The applications for residence permit cards shall be submitted at the services for administrative control over foreigners. These are the Migration Directorate within the MoI and the regional Migration units within the Regional Directorates of the MoI (in the administrative districts). The cards shall be collected personally (or by letter of attorney in certain cases) at the places of application. 6.Not applicable Cyprus Yes 1.Cyprus has not begun issuing residence permit cards based on this Regulation, yet. Czech Republic Yes 1. The cards have been issued since July Yes, both facial image and fingerprint images are stored on the data chip in the card. Fingerprint images may not be captured if this is impossible due to anatomical or physiological changes or else physical disabilities of the fingers. In such cases only facial image is stored on the chip. 3. The residence card can only be collected from the Czech Republic. Embassies of the Czech Republic issue long-term visa for the purpose of collecting a long-term or permanent residence permit. 4. Not applicable. 5. The card should be collected from the regional offices of the Ministry of the Interior. Attendance in person is necessary as there is a test 3 of 10

4 of the data chip performed at the offices. 6. Not applicable. Finland Yes 1. The card was introduced in the beginning of Biometric identification data is stored on the residence permit card chip, although the cards can be issued without finger print data in the transition period. 3. The card is issued to the applicant for a residence permit in his/her country of origin. If the applicant applies for the residence permit only after entering the country, the card is issued in Finland 4. An agreement states that the cards should be manufactured in three days, although at the moment the delivery time is longer than that (approx. 2 weeks). 5. If the applicant is abroad, the card is delivered by the embassy, in Finland it is delivered by the Finnish Immigration Service or by the Police. 6. To some countries (Russian Federation, China, the Ukraine, Israel) the cards can not be delivered by DHL, because they have been stopped by customs authorities. Cards to the mentioned countries are delivered via diplomatic correspondence by the Ministry for Foreign Affairs. France Yes 1. The residence permit card was introduced in June 2011, only with a digitalized photo. 2. In France, the residence permit card has been gradually introduced, in accordance with the EU Regulation. During the first phase, from June 2011 to August 2011, digitalized photo was stored as primary biometric identifier on the residence permit card. The second phase started as of May 21, As a pilot, one decentralized state service ( sous-prefecture ) started to collect fingerprints. At the end of this testing phase, which is planned on the first quarter of 2013, a residence permit card with biometric identifiers such as facial image and fingerprints will be issued The visa is issued to the applicant in his/her country of origin. Then, he/she has to apply for a residence permit at decentralized state services ( prefectures ), within the 2 months following his/her arrival in France. - The long stay visa equivalent to a residence permit ( visa de long séjour valant titre de séjour or VLS-TS) is issued in the country of origin. Holders of the VLS-TS are not required to apply for a temporary residence permit upon arrival in France, as long as their visa is still valid. VLS-TS are issued for a period of validity between 3 months and 1 year to the following categories: spouses of French citizens, spouses of foreigners under the family reunification procedure, students, trainees, scientists-researchers, employees holding a signed 4 of 10

5 employment contract for a duration longer than or equal to 12 months, temporary workers holding a signed employment contract for a duration of longer than 3 months and less than 12 months, visitors. 4. Not applicable 5. The visa or VLS-TS is delivered by French consulates abroad. In France, residence permits are issued by decentralized state services ( prefectures ). 6. Not applicable Germany Yes 1. The electronic residence permit (elektronischer Aufenthaltstitel - eat) was introduced on 1 September Yes, the eat memory chip contains the photograph and two fingerprints of the permit holder. In exceptional cases, a residence title may be issued on a common form without electronic storage medium; in this case, the form does not contain finger prints, but only a photograph. 3. The eat is issued in Germany only and is handed over to the foreigner in person. For entry into Germany, the foreigner must have a valid travel document issued by his country of origin and a valid visa, if he is subject to a visa requirement. 4. Not applicable (see answer to question 3). 5. The eat is issued by the competent Foreigners Authority; in order to receive it, the foreigner must appear in person before the authority. 6. Not applicable (see answer to question 3). Greece Yes 1. Greece has not yet introduced the residence permit card based on EU regulation. The relevant procedure is estimated to be finalised in the next few months. 2. Yes, both facial image and fingerprints will be stored in the RF chip. 3. The residence card can be collected only from the country of destination, according to current migration legislation. The authorisation for entering Greece, for migration purposes, is national visa, issued for specific reasons, as described in the migration law (i.e. different kinds of employment, family reunification etc), after a relevant positive decision of the competent authority. 5. The cards will be collected from the competent Migration Units of the Decentralised Authorities throughout Greek territory, as well as the competent authority of the Ministry of Interior, depending on where the relevant application is submitted, according to migration law. 5 of 10

6 According to current procedure, the third country national concerned is notified under any possible means, that his/her card is ready to be collected. Hungary Yes 1. Residence permits to third-country nationals shall be issued as stand-alone documents in ID 1 format, which contain storage elements form 20 th May Hungary is going to introduce the documents in ID 1 format, which contain storage elements (chip), as well as the image of the fingerprint of the card owner. 3. The card is issued to the applicant for a residence permit in the country of destination (Hungary). The foreigner will receive a visa for entitlement to receive a residence permit, for single entry into the territory of Hungary for the purpose of collecting the residence permit and for stay for a period not to exceed thirty days The immigration proceedings for the issue and extension of residence permits are conferred under the competence of: a) the minister in charge of foreign policies, b) the regional directorate. Applications of third-country nationals for the issue and extension of residence permits are adjudged by the regional directorate, with the exception set out in the following case: Issuing residence permits to persons enjoying diplomatic immunity or some other privilege under international law, and their family members, visitors of members of international organizations and members of diplomatic and consular representations in Hungary, and to persons whose entry is desirable for political reasons, shall fall within the competence of the minister in charge of foreign policies as laid down in specific other legislation. According to the Section 47of the Government Decree 114/2007 (V. 24.) Korm. on the Implementation of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals: (1) With the exception set out in Subsections (2) and (4), applications for residence permits may be submitted at any consulate officer of Hungary, or any other agency authorized to accept such applications for residence permit in the country where the permanent or temporary residence of the applicant is located or in the country of the applicant s nationality. (2) Applications for residence permits may be submitted at the consulate officers of Hungary, or any other agency authorized to accept such applications for residence permit in countries other than the ones referred to in Subsection (1), in which the applicant is lawfully residing, provided that: a) in the country specified in Subsection (1) there is no consulate officer or any other agency authorized to accept such applications for residence permit; or b) the applicant is able to provide documentary evidence to verify the reasons to submit his/her application in a country other than where his/her permanent or temporary residence is located; or c) the entry and stay of the applicant is desired on the grounds of substantial national interest of the Republic of Hungary in the field of economics, culture, science or sports. 6.- Italy Yes 1. Italy has not yet introduced residence permit card based on EU regulation issued in The introduction of this residence permit will gradually take place starting from June 2012, after approval of the Ministry of interior decree envisaged by the end of the same month. 6 of 10

7 2. Biometric identifiers (facial image and fingerprints) will be stored on the residence permit card chip too. 3. The card (residence permit) will be released on the Italian territory only, being Italy the foreign citizen s country of destination. 3.Not applicable 4.All cards (residence permits) will be printed in Rome by the State Polygraphic Institute and subsequently forwarded to local Police offices to be delivered to the respective holders. 5. Not applicable Latvia Yes 1.The card was introduced in 2 nd April Biometric identification data is stored in the residence permit chip. 3.The card is issued to the applicant only in Latvia. To enter Latvia the person is issued a long-term visa (if necessary). 4.Not applicable. 5.After arrival in Latvia an applicant should visit Office of Citizenship and Migration Affairs to submit an application for a card. Card is delivered in 2 or 10 working days (there are different fees appr. 30 EUR for delivering in 2 working days and appr. 15 EUR for delivering in 10 working days). 6.Not applicable. Lithuania Yes 1. Residence permits in the form of plastic cards are issued in Lithuania since the 15 of November The new type of the residence permit card, which allows storing biometric identifiers, is introduced in the beginning of Yes, the facial image and two fingerprints are stored in the chip. 3. The residence permit card is personalised and collected only in Lithuania. Those TCNs who need visa to enter to Lithuania and collect their residence permit cards are issued with a national (D) visa (destined for a single use), which allows them to enter Lithuania. 4. Not applicable 5. The card should be collected at a migration service in Lithuania. When the TCN arrives to Lithuania, s/he files an application to the 7 of 10

8 migration service to personalise her/him the residence permit card. The migration service then records the TCNs facial image and fingerprints. Then the request to personalise the residence permit card is sent via electronic means to the Identity Documents Personalisation Centre. The Centre produces the card and sends it back to the migration service. The TCN collects her/his card from the migration service. 6. Not applicable Luxembourg Yes 1.Yes. As of May 20 th 2011, Luxembourg issues residence permit card based on the Regulation n 380/2008 of the Council of 18 April Biometric identification data is stored on the residence permit card chip. This information includes facial image and two finger prints. 3.The residence card only is issued in Luxembourg. The third country national has to apply for an authorisation to stay from its country of origin. This authorization is granted in form of a temporary authorization to stay, which is a formal letter issued by the Immigration Directorate of the Ministry of Foreign Affairs. With this temporary authorization, and not later than 90 after its issuing, the third country national is allowed to enter Luxembourg or, if required, to apply for a visa (if required) to enter Luxembourg. Once the third country national entered in the country, he/she has to apply for the residence permit card at the Directorate of Immigration of the Ministry of Foreign Affairs in Luxembourg. 4. Not applicable. Luxembourg does not send the residence permit abroad. 5. In Luxembourg the residence permit card is delivered by the Directorate of Immigration of the Ministry of Foreign Affairs. The third country national must present in person to the Directorate of Immigration to collect it 6.Not applicable Netherlands Yes 1 and 2. The facial image stored on the residence permit card was introduced in May The fingerprints on the residence permit card have been introduced in May 2012 and will be gradually implemented. 3. Foreign nationals wishing to settle in The Netherlands for a prolonged period (longer than 3 months) require a provisional residence permit (MVV). A provisional residence permit is required to travel into The Netherlands and in turn is a requirement for being given a residence permit entitling you to settle in The Netherlands. The residence permit card is issued to the applicant in the Netherlands (the country of destination) at the Desk of the Dutch Immigrationand Naturalisation service (IND Desk). Nationals from some countries (EU/EER, Swiss, Vatican, Japan, America, Australia, New Zealand, Canada and South Korea) wishing to settle in The Netherlands for a prolonged period don t require a provisional residence permit. They can apply for a residence permit in the 8 of 10

9 Netherlands. If the residence permit is granted, the card will be issued to the applicant at the IND Desk. 4.Not applicable 5.See the answer at question 3 6.Not applicable Portugal Yes 1. The electronic residence card was introduced in January Biometric identification data is stored on the residence permit card chip and includes facial image. Very soon (20 May), the chip will also include the fingerprints. 3. The card is issued in Portugal, in the framework of an application for resident permit after entering the country. 4. Not applicable 5. Residence permit card is collected at the Immigration and Border Service (SEF) delegation of the holder s residence area. 6. Not applicable. Slovak Republic Yes 1. Yes. On 19 th of September Yes. 3. In the in the country of destination. The third country national is issued the national visa, in case if this is necessary for the issuance of the resident permit in the Slovak Republic The Police authority will issue the third country national the residence permit card within 30 days from the date when the residence permit was granted or from the date when the application for the issuance of the card was received. Spain Yes 1. The biometric residence card was introduced in April Biometric identification data is stored on the residence permit card chip. 9 of 10

10 3. The foreign identity card is issued and must be collected in Spain. According to Article 4.2 of the Aliens Act All aliens who have been issued a visa or a permit to remain in Spain for a period exceeding six months shall be issued an aliens identity card, which must be applied for in person within one month of arrival in Spain or of when the permit was granted, respectively. The holders of a residence and seasonal work visa are exempt from the aforesaid obligation". Concerning the entry in the Spanish territory, a visa is required. Article 25.2 of the Aliens Acts establishes that except in cases in which the contrary is established in international agreements signed by Spain, or in European Union Law, the alien must also have an entry visa. The latter shall not be required when the alien has an alien s identity card or, exceptionally, an authorisation to return. Sweden Yes The card is delivered by the National Police and must be applied for at Police stations or Aliens Offices within one month after entering Spain. 2. Yes, photo and fingerprints are stored in the data chip of the card. 3. If an application is made outside Sweden it is delivered to the country of origin. 4. The delivery time is about three weeks. 5. Its delivered to the foreign missions and then the missions (if they consider it safe) can use the postal system for delivery to the applicant. 6. Sweden delivers to the foreign missions via diplomatic correspondence and no serious problems have been reported. United Kingdom No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. ************************ 10 of 10