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Emilija Berzanskaite
22nd October 2021
Employment & Immigration Internal Market

AG Pikamäe: Residence Directive precludes national law providing for the loss of long-term residence status when not an EU habitual resident

Advocate General Pikamäe delivered his Opinion yesterday in Landeshauptmann von Wien (Perte du statut de résident de longue durée) (C-432/20), advising the Court of Justice to rule that Article 9(1)(c) of Residence Directive 2003/109 precludes national legislation providing for the loss of the long-term residence status for a third-country national where the holder of that status does not have his place of habitual residence or registration in the EU.

The case at issue concerns a Kazakh national who was refused long-term residency status under Austrian law on the grounds that he had only stayed in the EU for a few days each year between August 2013 and August 2018. The referring court referred several questions for a preliminary r


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