Immigration for the purposes of studies and research DG HOME

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

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

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

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)

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)

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

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)

New Students and Researchers Directive Purpose: further facilitate the admission of students and researchers Recast of the existing Students Directive and Researchers Directive Adopted on 11 May 2016 Must be transposed by 23 May 2018 Admission conditions remain largely stable Directive on the conditions of entry and residence of third-country nationals for the purpose of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing Rules for researchers and students continue to be mandatory Rules for volunteers under the EVS and trainees (including remunerated trainees) mandatory for first time Newly added group: au-pairs

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) Member States may set up approval for host entities (ie. research organisations, higher education institutions, education establishment, organisation responsible for a voluntary service scheme or an entity hosting trainees. If so, Procedure for admission to one of these approved host entities may last at a maximum 60 days In case of researcher or student, exception from providing at least one document Authorisations (residence permit or long-stay visa) must be of at least one year (except for trainees: 6 months). For students and researchers under programmes or agreements, at least 2 years

During the stay Researchers may teach Students have access to the labour market Employed / self-employment Allowed to work minimum of 15 hours a week (up from 10 hours per week) Member States may take into account the situation of their labour market in exceptional circumstances Equal treatment with nationals in a number of areas One of the major changes since the 2004 Directive: students are entitled to access the labour market (with no restriction during the first year). From 10 hours to 15 per week Equal treatment provisions aligned with the Single Permit of 2011, with more favourable treatment for researchers.

Intra-EU mobility Researchers (and their family members) Students 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 Researchers may move to another Member State to pursue their research and their family members may accompany them. For up to 6 months per Member State: a light procedure of notification (sending certain documents to the 2nd MS) or no procedure at all For more than 6 months: one of the two already mentioned, or a form of application Students under programmes or agreements may move to another MS for up to 360 days, under a notification procedure (must wait for 30 days)

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 One of the major changes since the 2004 and 2005 Directives: students and researchers (and their family members) have the possibility to stay for 9 months in the MS where they studied/did research. For students, MS may limit it to those who have obtained a Master. After 3 months, MSs may require TCNs to prove they have a genuine chance of being engaged or set up a business

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.

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