EU Students and Researchers Directive Implemented

The situation

Qualified students, trainees and researchers in the Netherlands should benefit from enhanced access to the labor market and facilitated intra-EU mobility rights due to Netherland's implementation of the EU Students and Researchers Directive. The implementation brings improvements to these categories, while existing national legislation may still be favorable in some aspects.

Background

The EU Students and Researchers Directive aims to attract and retain talented foreign nationals by simplifying and standardizing immigration requirements in the European Union for students, researchers and trainees. The Directive seeks to harmonize national residence or stay provisions for foreign talent, enhance labor market access and improve mobility within the European Union once a permit is obtained.

A closer look

Foreign talent in the categories of student, trainee and researcher may qualify for more favorable immigration schemes in the Netherlands. The most relevant aspects of the implementation are:

• Students. Foreign students registered in the Netherlands will have increased access to the Dutch labor market. A work permit will still be required and students must limit work to 16 hours per week during the school year, up from 10 hours per week; or full time in June, July and August.
  • Job search. These students continue to qualify for the national one-year search permit within three years of completing their studies, which allows them to look for employment in the Netherlands.
  • Improved mobility. Students enrolled in a qualifying program in another EU Member State may study in the Netherlands for up to 360 days by notifying the Immigration and Naturalisation Service (IND) before the start of studies in the Netherlands.

 

• Trainees. Under the new law, foreign nationals can more easily qualify for an internship permit. Other trainee permit schemes in the Netherlands require the applicant to demonstrate that the internship is a mandatory part of their studies. Under the Directive, applicants must demonstrate that the internship has an education purpose, an easier standard to meet.
  • Validity. As before, the permit can be issued for up to one year and is generally not renewable.
  • Eligibility. Trainees must be foreign students in the Netherlands or non-EU nationals who have graduated in the past two years.

 

• Researchers. Foreign researchers will have improved access to the Dutch labor market. Sponsoring entities that appear on the list of recognized host research institutes in the Netherlands will only have to notify the IND before the researcher starts activities in the Netherlands.
  • Improved labor market access. Researchers holding a permit in the Netherlands already have free access to the Dutch labor market. Foreign nationals holding a valid research permit in another EU country may now conduct research and teach in the Netherlands for up to 180 days in a 360-day period without a local permit.
  • Job search. As before, researchers qualify for a one-year search permit after completing their research, allowing them to look for employment in the Netherlands.

 

Impact for employers

Recruitment of foreign students, interns and researchers should be facilitated in the Netherlands.

Across all categories, full benefits of the Directive (particularly EU mobility provisions) will be delayed until more EU countries have implemented the Directive.

Looking ahead

Fragomen expects more EU countries to take action during 2018 and 2019 now that the implementation deadline for the Directive has passed.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].