Andorra's immigration quota will not be able to block certain permits for EU citizens' family members

The Association Agreement between Andorra and the European Union introduces an important exception to the immigration quota system negotiated by the Principality. 

Family members of EU citizens legally residing in Andorra will have specific residence rights and, in certain circumstances, the exhaustion of the annual quota for EU nationals cannot be used as grounds to deny them a permit.

This provision is contained in Annex VIII of the Association Agreement, which incorporates Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely, subject to the specific adaptations negotiated for Andorra.

Andorra's Secretary of State for Relations with the European Union, Landry Riba, confirmed this week that the directive forms part of the legal framework agreed with Brussels.

"Directive 2004/38 forms part of Annex VIII of the Agreement. And the Agreement expressly establishes that the rules must be interpreted and applied in accordance with the case law of the CJEU (Article 85.2). Therefore, yes, the Association Agreement is what regulates these matters," Riba said.

Family members will be subject to a specific regime

One of the consequences of incorporating Directive 2004/38 concerns the family members of EU citizens residing in the Principality.

Under the provisions contained in Annex VIII, these family members will be entitled to obtain a permit with the same period of validity as that held by the EU citizen on whom their right depends, subject to the terms and conditions established by the Agreement.

The issue becomes particularly relevant when these family members wish to enter the Andorran labour market. In these cases, the fact that the annual quota established for EU workers has been exhausted cannot, by itself, be invoked as grounds for refusing the corresponding residence permit.

This means that the quota system negotiated with the European Union will not operate as an absolute limit in every situation. Andorra will retain a specific quota system to manage the admission of EU citizens, while at the same time being required to respect the rights granted to their family members under the Agreement.

Andorra retains immigration quotas, but they will have limits

The framework agreed with Brussels allows the Principality to retain immigration quotas, one of the main adaptations negotiated by Andorra compared with the general free-movement regime within the European Union.

For EU citizens pursuing an economic activity, the Agreement establishes that the number of new long-term permits made available each year must allow for a net annual increase of no less than 7% of the average number of valid residence permits over the previous five years.

For economically inactive EU citizens, the corresponding minimum percentage is 2.5%.

Andorra will therefore be able to continue managing the admission of new EU residents through quotas, but that power will not be unlimited. In addition to the minimum levels agreed with Brussels, the Principality will have to respect the specific rights that the Agreement grants to family members of EU citizens.

Directive 2004/38 takes the debate beyond the 7% threshold

The provisions show that the immigration implications of the Association Agreement extend beyond the widely debated 7% minimum increase.

The incorporation of Directive 2004/38 also affects areas including entry and residence, family members' rights, equal treatment and permanent residence, subject to the specific adaptations negotiated for Andorra.

Furthermore, as Riba has acknowledged, these provisions will not be interpreted in isolation. Article 85.2 of the Association Agreement establishes a role for the case law of the Court of Justice of the European Union (CJEU) in the interpretation and application of rules linked to the Agreement.

Therefore, although Andorra has negotiated the retention of an immigration quota system as a safeguard in the context of free movement, the Agreement itself establishes rights and exceptions that will limit the circumstances in which the Andorran authorities can rely on the exhaustion of those quotas to refuse permits.

Així, malgrat que Andorra ha negociat el manteniment d’un sistema de contingents com a salvaguarda davant la lliure circulació plena, les mateixes normes de l’Acord estableixen excepcions i drets que limitaran els casos en què l’Executiu podrà recórrer a l’esgotament d’aquestes quotes per rebutjar nous permisos.