EU Court Rules 10-Year Residency Requirement for Refugee Benefits Is Illegal. The EU court has ruled that requiring refugees to live in a country for 10 years before receiving social assistance is discriminatory. The decision primarily concerns Italy but also impacts other countries. The argument of giving 'national priority' has been called into question.
The requirement for refugees and foreigners to have lived in the country for at least 10 years in order to receive social assistance violates European law. This conclusion was reached by the Court of Justice of the European Union after examining a dispute between Italian authorities and a refugee who was denied payments due to not meeting the required period of residence. The court’s decision was published against the backdrop of tougher migration rules in a number of EU countries and active promotion of the concept of 'national priority' in social benefits.
EU Court Ruling
The EU Court considered the case following a request from an Italian court, where a refugee who had been living in Italy since 2011 was denied the guaranteed 'citizenship income' because he did not meet the 10-year legal residence requirement, including two years of uninterrupted stay. European judges found that while this requirement is formally equal for all, in practice it most severely affects foreigners and refugees, which constitutes indirect discrimination based on nationality. The court stressed that the principle of equal access to social support protects not only EU citizens, but also refugees, and that additional restrictions contradict European directives.
Italy's arguments were rejected
The Italian authorities tried to justify the strict requirements with the economic and administrative burden on the system. However, the court pointed out that such arguments cannot justify unequal treatment: if a foreign national or an EU citizen is in the same position, the conditions for access to benefits must also be equal. The ruling specifically notes that EU law does not set residence duration as a mandatory requirement for refugees and people with international protection to receive social assistance.
Impact on European policy
The EU court's decision calls into question not only Italian practices, but also similar measures in other countries where the 'national priority' principle in social policy is under discussion or already in force. In particular, France has required five years of residency for several types of benefits since late 2023—a rule criticized as an attempt to entrench inequality. Such initiatives are actively supported by far-right parties, including VOX in Spain and Rassemblement National in France.
Context and consequences
Previously, the EU Court had already spoken out against such restrictions, noting their discriminatory nature towards legal migrants and refugees. The new decision confirms: any additional barriers not provided for by European legislation violate the principle of equality. The issue of the admissibility of residence period restrictions is becoming increasingly acute amid political debates in Europe. For comparison, in other areas — for example, in the regulation of hunting and fishing — disputes over priorities and restrictions also provoke a sharp public reaction, as was recently the case in Madrid (more on the conflict surrounding the regional reform).
