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Immigration for the purposes of studies and research

This guide provides information on the immigration rules for third-country national students and researchers. It includes the directives applicable to each group, their conditions, rights, and the changes under the new directive (EU) 2016/801. The guide also covers intra-EU mobility, job-searching or entrepreneurship opportunities, and targeted actions for students and researchers.

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Immigration for the purposes of studies and research

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  1. Immigration for the purposes of studies and research DG HOME

  2. Immigration rules for third-country national students and researchers Rules for students: Directive 2004/114/EC (applies to all MSs except DK, IE, UK) Rules for researchers: Directive 2005/71/EC (applies to all MSs except DK and UK) As of May 2018: Rules under new Directive (EU) 2016/801 will apply for both groups, further facilitating their admission

  3. Students Directive (I) Scope • Admission for more than three months to pursue a full-time course of study in an establishment of higher education, leading to a higher education qualification

  4. Students Directive (II) Conditions • Travel document • Sickness insurance • Acceptance from education establishment • Resources to cover subsistence • No threat to public policy, security and health • Optional: knowledge of language, payment of a fee

  5. Students Directive (III) Rights • Access to labour market with some limitations • Possible (limited) mobility to another MS • Limited procedural guarantees (but possible fast track procedures)

  6. Researchers Directive (I) Scope • Admission for more than three months for the purposes of carrying out a research project under hosting agreements with research organisations (public or private)

  7. Researchers Directive (II) Conditions • Travel document • Hosting agreement with approved research organisation in the MS concerned • Health insurance • Sufficient resources • No threat to public policy, security, health

  8. Researchers Directive (III) Rights: • Combined residence and work permit for at least one year • Can teach • Equal treatment with nationals in a number of areas (e.g. working conditions, social security)

  9. New Students and Researchers Directive • Purpose: furtherfacilitatetheadmissionofstudentsandresearchers • RecastoftheexistingStudentsDirectiveand Researchers Directive • Adopted on 11 May 2016 • Must betransposedby 23 May 2018 • Admission conditionsremainlargelystable

  10. Main changes: Procedures • Approval procedure for host entities (for both students and researchers) Member States may decide to provide or not for an approval procedure. If so, facilitated and quicker procedure. • Processing time of application: maximum of 90 days (60 days if approved host entity; under the current Directives, no procedural deadlines)

  11. During the stay • Researchers mayteach • Studentshaveaccesstothelabourmarket • Employed / self-employment • Allowedtoworkminimumof 15 hours a week (upfrom 10 hours per week) • Member States maytakeintoaccountthesituationoftheirlabourmarket in exceptionalcircumstances • Equaltreatmentwithnationals in a numberofareas

  12. Intra-EU mobility • Researchers (and their family members) • mobility for up 6 months per Member State: no procedure or notification • mobility for more than 6 months per Member State: notification or application (or no procedure) • Students • Students under programmes or agreements between higher education institutions: up to 360 days per Member State through a notification • Other students: new application

  13. Job-searching or entrepreneurship • Stay in the Member State for a period of 9 months following the completion of research or studies, to look for a job or to set up a business • Member State may require job-searching / entrepreneurship to correspond to the level completed • Important: This does not imply a right to get a work permit

  14. Erasmus + and Marie Skłodowska-Curie • Targeted actions for students and researchers from EU, that • opened scholarship programs to Third Country Nationals • Erasmus +: 8000 mobilities sponsored, allowing students to spend from 3 to 9 months in European Universities • Marie Curie: targets research staff, partnering with 29 Universities across Africa to facilitate research exchange programs.

  15. Questions? DG Home Affairs – European Commission: http://ec.europa.eu/dgs/home-affairs/index_en.html European Migration Network: www.emn.europa.eu European Website on Integration: https://ec.europa.eu/migrant-integration/ EU Immigration Portal: http://ec.europa.eu/immigration

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