absences in Long-term EU-resident permit

[istenlla]

Hello,

My girlfireind is a non-EU citizen living in Austria for 9 years as student and who wants to apply for a long term EU resident permit. As a student she needs to be legally registered in Austria for 10 years, meaning it only needs one year more to obtain that permit.

Me, I'm an EU citizen working in Swizterland and I want get married with her this year in order to legally start a life together in Swizterland.

I'm afraid that if she moves to Switzerland with me she would be absent from Austria and she may lose her rights to get the long term EU resident permit.

The law (2003/109/EC) explains that breaks in residence are allowed when they don't exceed a 10 months total and/or 6 consecutive months. Hence, we would like to use these 10 months to start a life together asap.

My question is what does she need to do in Austria in order to keep counting this absence period to obtain the permit?. Does she need to keep her austrian health insurance? her austrian house rental? her austrian bank account? Her university taxes?

How she should notify her absence and re-entry to Austria in those 10 month period?

Many thanks for your support

[istenlla]

Does anyone know how authorities can check your absence periods in the country?

My girlfriend is a non-EU citizen and she has been in her country (russia for some months).

What proof of evidence do you need to provide? She got ride of her old Passport. How she can proof now her absence?

[printempo2018]

I have never heard about a long-term/permanent EU residence permit. There are permanent/long-term residence permits for each country, thus, she will probably get one for Austria (status of a permanent resident in Austria). That wouldn't give her a right to reside/work in another EU country. You need an EU passport for that.

If you're going to get married and move to Switzerland, she can probably get a temporary permit there, and a permanent permit after a number of years (depends on the country)

[mgb]

Directive 2003/109/EC is not applicable in UK and Ireland. Therefore you didn't hear about longterm residence status based on eu law.
Eu directive 2004/38 is a different kettle of fish.