4.14.2.3. Residence permits and travel documents
Member States must issue a residence permit to beneficiaries of international protection: refugees should receive a permit for at least 3 years which is renewable and beneficiaries of subsidiary protection should receive a permit for at least 1 year which is renewable. Refugees are entitled to travel documents as foreseen in the Geneva Convention, while beneficiaries of subsidiary protection may receive the national passport of their host country, under specific conditions. Obtaining documentation is often an administrative criterion for accessing other permits and rights for beneficiaries of international condition.
With EU+ countries prioritising the issuance of permits to beneficiaries of temporary protection, delays were reported in the issuance of residence permits for beneficiaries of international protection.1080
In Belgium, where the country’s reception system was under pressure in 2022, it was reported that some applicants received international protection without having access to the reception system, thus being largely homeless. Without an address, it was difficult to obtain a residence permit (A-card) at the local commune when receiving a positive decision. Without this permit, the status holder can encounter difficulties in obtaining financial aid, opening a bank account and renting a place to live.1081
In Finland, the delivery of residence permits, aliens’ passports and refugee travel documents was temporarily delayed due to a shortage of staff and a backlog in the processing of aliens’ passports and refugee travel documents.1082
In France, it was reported that beneficiaries of international protection encountered difficulties in obtaining their residence permits due to the implementation of a digital system which presented several shortcomings and issues with accessing prefectures for the issuance of residence permits.1083 In June 2022, the Council of State ordered the Ministry of the Interior to establish a solution as an alternative to the solely digitalised procedure.1084
Refugee Support Aegean continued to observe important delays in the delivery of residence permits for beneficiaries of international protection in Greece,1085 especially those re-admitted from other EU+ countries.1086 This document is a pre-requisite to access many other rights and services, including health care and employment.
In January 2022, a new Immigration Service appointment scheduling system, which would streamline and further improve the registration process, was announced in Ireland. The interim ISD Registration Office Burgh Quay created a free phone number to call, so that applicants resident in Dublin could book a first-time registration appointment. As of January 2023, the revised appointment and scheduling system was fully operational, however, applicants continued to experience significant delays in obtaining appointments.1087
The Irish government also suspended the Council of Europe’s Agreement on the Abolition of Visas for Refugees for 12 months, in an effort to protect the integrity of the Irish asylum and reception systems. The decision came after an increase in the number of applicants who had already been granted international protection in another EU Member State.1088
Aditus foundation in Malta carried out research on obstacles to receive relevant documentation for several target groups, including family members of beneficiaries of international protection. The organisation made several recommendations to speed up the delivery of residence cards.1089 The International Protection Agency added that protection cards for beneficiaries of international protection were delivered promptly, on the same day as the decision.
The Italian Council of State clarified that beneficiaries of subsidiary protection and humanitarian (special) protection must be granted travel documents from the Italian authorities, without having to prove that they cannot obtain a passport from their country of origin. The council noted that frequently the national authority in the country of origin prevents a beneficiary from acquiring a passport. In addition, a circular simplified the procedure for a refugee to marry in Italy: documentation from the country of origin is no longer needed and a sworn statement is sufficient.1090
In Germany, higher administrative courts found it unreasonable to expect that a passport be obtained from the embassy of the country of origin, for example, for beneficiaries of subsidiary protection from Eritrea and Syria who refused to do their military service.
The EctHR condemned Lithuania for not issuing a travel document to a former beneficiary of subsidiary protection with long-term residence. The national authorities found that the person did not justify why he had been unable to obtain a valid passport from his country of origin. However, the court concluded that the authorities rejected the request for a travel document on formalistic grounds, without examining the particular circumstances of the person.
For acquiring long-term residence in Sweden, the government appointed an inquiry commission to assess making language knowledge and knowledge of the Swedish society requirements for permanent residence.1091
In Denmark, amendments were adopted to the criteria to acquire permanent residence. The person should not be convicted of ‘negative social control’ (for example, sending a child abroad for religious re-education) and could be barred from being granted a permanent residence permit for a minimum of 6 years depending on the type and length of the sentence. Similar changes were introduced as criteria for family reunification (see Section 4.14.2.4).1092
The Romanian High Court of Cassation and Justice reviewed a decision to refuse long-term residence for a beneficiary of international protection, based on a classified note from the Romanian Intelligence Service. The court found that the reasoning of the decision was insufficient, as the decision should include all reasons and elements of evidence that form its basis.
- 1080AIDA Cyprus. (2023). Country Report: Cyprus - 2022 Update. Edited by ECRE. Written by Cyprus Refugee Council. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-CY_2022update.pdf
- 1081AIDA Belgium. (2023). Country Report: Belgium - 2022 Update. Edited by ECRE. Written by the Vluchtelingenwerk Vlaanderen. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-BE_2022update_final.pdf
- 1082Finnish Immigration Service | Maahanmuuttovirasto. (2022, February 10). Delays in sending residence permit cards. https://migri.fi/-/oleskelulupakorttien-lahettamisessa-ruuhkaa?languageId=en_US; Finnish Immigration Service | Maahanmuuttovirasto. (2022, June 16). Backlog in the processing of alien’s passports and refugee travel documents. https://migri.fi/-/muukalaispassien-ja-pakolaisen-matkustusasiakirjojen-kasittelyssa-ruuhkaa?languageId=en_US
- 1083AIDA France. (2023). Country Report: France - 2022 Update. Edited by ECRE. Written by Forum Réfugiés – Cosi. https://asylumineurope.org/wp-content/uploads/2023/05/AIDA-FR_2022-Update.pdf
- 1084Council of State | Conseil d'État. (2022, June 3). Peut-on imposer aux usagers d’accomplir des démarches administratives en ligne ? Le Conseil d’État fixe un cadre général et se prononce sur le cas particulier des demandes de titre de séjour des étrangers [Can we require users to complete administrative procedures online? The Council of State sets a general framework and rules on the specific case of residence permit applications for foreigners]. https://www.conseil-etat.fr/content/download/175307/document/Communiqu%C3%A9%20de%20presse%20-%20Section%20du%20contentieux%20du%2020%20mai%202022%20-%20web.pdf
- 1085Refugee Support Aegean, & Stiftung PRO ASYL. (March 2022). Beneficiaries of international protection in Greece. Access to documents and socio-economic rights. https://rsaegean.org/wp-content/uploads/2022/03/2022-03_RSA_BIP_EN.pdf
- 1086Refugee Support Aegean. (2022, October 6). Deported to destitution. https://rsaegean.org/en/deported-to-destitution
- 1087AIDA Ireland. (2023). Country Report: Ireland - 2022 Update. Edited by ECRE. Written by the Irish Refugee Council. https://asylumineurope.org/wp-content/uploads/2023/05/AIDA-IE_2022update.pdf
- 1088Department of the Taoiseach | Roinn an Taoisigh. Government agrees to temporarily require refugees travelling to Ireland from safe European countries to hold visas. https://www.gov.ie/en/press-release/f1289-government-agrees-to-temporarily-require-refugees-travelling-to-ireland-from-safe-european-countries-to-hold-visas
- 1089aditus foundation. (2022, August 9). Report on the Obstacles in accessing Proper and Correction Documentation. https://aditus.org.mt/report-obstacles-accessing-documentation/#.ZGN6m4RByUn
- 1090Ministry of the Interior | Ministero dell'interno. (2022, January 28). Rifugiati, per sposarsi possibile autocertificare lo stato di libero [Refugees, to get married it's possible to self-certify single status]. https://integrazionemigranti.gov.it/it-it/Ricerca-news/Dettaglio-news/id/2258/Rifugiati-per-sposarsi-possibile-autocertificare-lo-stato-di-libero
- 1091European Website on Integration. (2022, June 23). Sweden: Commission on language requirements for permanent residence. https://ec.europa.eu/migrant-integration/news/sweden-commission-language-requirements-permanent-residence_en
- 1092Lov nr 452 af 20/04/2022, Lov om ændring af udlændingeloven, straffeloven, lov om aktiv socialpolitik, repatrieringsloven og forskellige andre love [Act no. 452 of 20/04/2022, Act amending the Aliens Act, the Criminal Code, the Act on Active Social Policy, the Repatriation Act and various other laws], April 20, 2022. https://www.retsinformation.dk/eli/lta/2022/452