Relaxed Rules for Researchers and Students Forthcoming

Executive Summary 

Entry and residence rules for foreign nationals who study at EU universities or conduct research at research organizations will be relaxed in the European Union (excluding Denmark, Ireland and the United Kingdom) by May 2018, as a result of the recent adoption of the revised Student and Researchers Directive.  Notably, researchers and students will be able to work or study in other EU countries and seek employment or set up a business after the completion of their research project or studies.

Entry and residence rules for foreign nationals who study at EU universities or conduct research at research organizations will be relaxed in the European Union (excluding Denmark, Ireland and the United Kingdom) by May 23, 2018, as a result of the recent adoption of the revised Student and Researchers Directive.  

The following are expected to be among the most notable changes:

• The work permit exemption for researchers will be extended to those under a hosting agreement, which sets out the purpose of the research, the start and end dates of the research, and other information. The current exemption is for researchers under an employment contract with the organization;
• Eligible researchers and students will be able to conduct research or study in other EU countries, and family members of eligible researchers will be able to accompany the main applicant; 
• Researchers and students will be able to seek employment or set up a business for a period of at least nine months after the completion of their research project or studies, in the EU country where the main applicant held a residence permit or in an EU country to which the main applicant traveled during the research or study program; 
• Researchers will be able to more easily sponsor dependents and their dependents will be granted work authorization valid during the main applicant's stay; and
• Students will be able to work for at least 15 hours per week.

What This Means for Employers and Foreign Nationals 

Students and researchers should benefit from streamlined travel and stay provisions and increased labor market access by May 23, 2018. 

Processes for the related entry, stay and labor market access rights will change; more details will become available closer to the directive's implementation into each EU member state's national legislation. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen Worldwide or send an email to benelux@fragomen.com.