Non-EU nationals — entry and residence for research, studies, training, voluntary service, secondary education and au pairing
Directive (EU) 2016/801 — entry and residence conditions for non-EU nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing
WHAT IS THE AIM OF THE DIRECTIVE?
It sets out European Union (EU) rules on the conditions of entry and residence for non-EU researchers, students, trainees, volunteers, school pupils and au pairs.
The directive applies to the entry and residence of non-EU nationals for research, studies, traineeships and participation in the European Voluntary Service (EVS).
EU countries may themselves decide to apply EU-level rules to non-EU nationals wishing to come to the EU for a pupil exchange, an educational project, a volunteering activity outside the EVS or an au pair placement.
Applicants must fulfil both general and category-specific conditions.
The general conditions include:
- a valid travel document for the duration of the intended stay;
- evidence of sufficient resources to cover subsistence and return travel costs;
- health insurance.
Examples of specific conditions are a ‘hosting agreement’ or contract for researchers, or acceptance by a higher education institution for students.
The right to be treated the same as EU citizens is largely based on Directive 2011/98/EU. This means, for example, that researchers — except in cases where EU countries can apply exceptions — are entitled to be treated on an equal footing with EU citizens.
Students can work outside their study time — EU countries are not allowed to restrict their working hours to under 15 hours a week.
Students and researchers have the right to stay for at least 9 months after finishing their research or studies, to look for work or set up a business.
Family members of researchers are allowed to join them under specific conditions.
Researchers, and students who are covered by programmes that promote the movement of non-EU nationals within the EU (e.g. there is an agreement between 2 or more higher education institutions in one or several EU countries), can carry out part of their studies or research in another EU country.
The procedure to be followed depends on the length of time they are to spend abroad. Family members of researchers are allowed to accompany them under the same conditions to another EU country.
Procedure and transparency
The directive sets out the rules on the processing of applications:
EU countries must meet specific deadlines in dealing with applications.
Information must be provided on entry and residence conditions, including the minimum amount of money required per month.
EU countries may charge fees for handling applications. However, these must not be disproportionate or excessive.
FROM WHEN DOES THE DIRECTIVE APPLY?
It has applied since 22 May 2016.
Directive (EU) 2016/801 revised and replaced Directives 2004/114/EC and 2005/71/EC. The new rules contained in Directive (EU) 2016/801 had to become law in the EU countries by 23 May 2018.
Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, pp. 21-57)
Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, 23.12.2004, pp. 12-18)
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, pp. 15-22)
last update 05.10.2017