Nowadays, in an era of massive globalisation, more and more people are choosing to live, work or study in a country other than their country of origin – often within the European Union. Moving between EU countries has become much easier than ever before. For many non-EU citizens, as well as citizens of Member States, living, working or studying in another EU country is an attractive option.
It becomes crucial to understand two basic concepts – residence and citizenship – which define the rights and obligations of EU residents. Although these terms are often used interchangeably, they imply completely different legal statuses and have different implications. Let us take a look at what exactly the difference between residency and citizenship in the European Union is and what rights and obligations result from them.
Residence in the European Union – basic information
Residence, in a legal context, means the right to reside legally in the territory of a country. There are several forms of residence in the European Union, which differ in the scope of entitlements and formal requirements. The key distinction is between residence for EU citizens and residence for non-EU citizens.
Residence of EU citizens
One of the core values of the EU is to ensure freedom of movement for citizens of Member States, which includes the right to work, study and live in another European country. Union citizens have the right to reside on the territory of another EU country without the need to obtain special permits for up to 90 days.
If an EU citizen plans to stay in a country longer than 90 days, they are required to register their residence. This process is usually a formality and involves only declaring one’s place of residence and confirming that the person has the financial means to support themselves and health insurance. After five years of continuous residence in an EU country, the citizen is entitled to apply for a right of permanent residence, which guarantees greater legal security.
Residence of non-EU citizens
Non-EU citizens who wish to reside in a Member State must obtain the appropriate permit, which depends on the purpose of their stay (work, study, family reunification, etc.). The first step for most people is to obtain a temporary residence permit, which allows them to stay legally on the territory for a certain period of time (e.g. for the duration of an employment contract or study).
After several years of legal residence, usually after five years, non-EU nationals can apply for a permanent residence permit. Holding such a document gives rights similar to those of nationals, but does not provide full political rights, such as the right to vote in national elections.
Right to work and benefits
One of the key benefits of legal residence in the EU is the right to work. For EU nationals, this is by default – any EU citizen can legally work in another Member State without having to obtain additional permits. Non-EU citizens usually need to obtain a work permit, although certain categories of residents, such as those with permanent residence cards, have these rights facilitated.
Legal residents in an EU country are also entitled to benefit from local health care systems and social benefits, although the extent of these rights may vary depending on the resident’s status.
Citizenship in the European Union
Citizenship is a more complex concept than residency, as it involves an individual’s enduring legal relationship with a state that confers full rights and obligations. A person who holds citizenship of a country is not only a resident of that country, but also has the right to participate fully in its political and social life.
Citizenship of EU countries
Having citizenship of one of the EU Member States means automatically acquiring citizenship of the European Union. The status of EU citizen confers a wide range of privileges, such as the right to move freely throughout the Union, the right to work and live in any Member State, and the right to vote in elections to the European Parliament as well as in local elections in the country of residence.
Citizenship also means full access to the health care system, education, social benefits and the possibility of benefiting from consular protection of other EU countries in the event that one’s own country is not represented.
So how does one obtain citizenship?
Each EU member state has its own rules on the acquisition of citizenship. In most cases, acquiring citizenship requires long-term residence on the territory of the country, knowledge of the language and culture of the country and proof of integration into the local society. In some cases, such as through marriage to a national, this period may be shortened.
Citizenship can also be acquired through naturalisation, a procedure that allows a foreigner to obtain citizenship once certain conditions are met. For non-EU nationals, acquiring citizenship of one of the member states is very attractive as it opens up access to all the rights that citizens of the European Union have.
Key differences between residency and citizenship
While both residency and citizenship confer the right to live in a country, the differences between the two are important. Let us therefore conduct a kind of duel of residency vs. Citizenship.
Right to vote: Residents, even with permanent residency, do not have the right to vote in national elections. They can only take part in local elections and European elections if they are EU citizens. Citizenship confers full electoral rights.
Stability of status: Citizenship is permanent and practically impossible to revoke, whereas the right of residence (especially temporary residence) may be subject to certain conditions, e.g. having a job or income.
Full access to rights and privileges: Citizenship gives full access to all social, educational and political benefits. Residents may have restrictions on access to certain forms of social assistance.
Travel: EU citizens have full freedom of movement and work throughout the Union. Non-EU residents may have restrictions on travel and work in other EU countries.
