ECJ 3 October 2019, case C-302/18 (X), Work and residence permit

Question

Must Article 5(1)(a) of Directive 2003/109 be interpreted as meaning that the concept of ‘resources’, which is referred to in that provision, concerns only the ‘own resources’ of the applicant for long-term resident status or whether this concept also covers the resources made available to that applicant by a third party and, if so, is a commitment of cost bearing entered into by that third party sufficient to provide proof that the applicant has stable, regular and sufficient resources within the meaning of that provision?

Ruling

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 must be interpreted as meaning that the concept of ‘resources’ referred to in that provision does not concern solely the ‘own resources’ of the applicant for long-term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient.