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06.06.2019 – Court of Justice - Opinion Advocate General - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - X - Case C-302/18

Reference for a preliminary ruling — Immigration policy — Status of third-country nationals who are long-term residents — Acquisition of long-term resident status — Condition of having stable, regular and sufficient resources — Own resources — Origin of the resources — Resources coming from a third party — Commitment of cost bearing — Directive 2003/109/EC — Article 5(1)(a))

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V. Conclusion

81. In the light of the foregoing considerations, I propose that the Court answer the three questions referred by the Raad voor Vreemdelingenbetwistingen (Council for asylum and immigration proceedings, Belgium) as follows:

Article 5(1)(a) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents is to be interpreted as not containing any particular requirement as to the origin of the resources. In the case of resources coming from a third party or a member of the applicant’s family, as in the circumstances of the dispute in the main proceedings, those resources must be sufficient and have a certain degree of permanence and continuity, such that the possibility of the applicant becoming a burden on the social assistance system of the Member State concerned may reasonably be ruled out. To that end, the national authorities must consider all the relevant circumstances of the case, including the sufficiently precise, lasting and legally binding nature of a commitment to bear costs by a third party or a member of the applicant’s family.

Source: Court of Justice

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