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Durability of resources and period of validity of the residence card
Certain Member States have made the duration of the residence card dependent on evidence of the durability of sufficient resources. Given the provision of Directives 90/364 and 90/365 that validity of the residence card may be limited to five years, renewable, and the possibility of revalidating the residence card after the first two years of stay, national authorities delivered a one-year or five-year residence card, depending on whether the interested party could prove sufficient resources for one year or five years. Complaints revealed that national authorities required resources sufficient for five years deposited on a bank account before issuing a five-year residence card.
Following intervention by the Commission, certain Member States, such as Sweden, amended their legislation to provide that beneficiaries of Directives 90/364 and 90/365 always receive a five-year card.
The Commission points out that the residence card must be issued for five years, even if the possibility of revalidating it after the first two years of stay is in conformity with Community law. This solution is in line with the general five-year rule for the validity of the Community residence card and in harmony with the system of freedom of movement for workers, which envisages a residence card valid for at least five years.
Documents required for the issuing of the residence card
The documents that the national authorities can require are listed exhaustively in the three Directives, as is clear from the Directives themselves ("For the purpose of issuing the residence card or document, the Member State may require only that the applicant present ...").
The documents specified are the identity card or the passport and evidence of sufficient resources and of sickness insurance or, for students, a declaration of sufficient resources and evidence of sickness insurance.
The practice of Member States of requiring additional documents on top of those mentioned above is accordingly contrary to the three Directives and acts as a barrier to exercise of the right of residence by their beneficiaries.