Students and Researchers to Benefit from Streamlined Travel Rules, Longer Stays

European Union

An informal agreement reached by the European Parliament would harmonize entry and residence rules for students and researchers from third-countries who study or conduct research at EU universities. The agreement also contains clarifying provisions that would facilitate cultural exchanges for non-EU interns, volunteers, school pupils and au pairs.  If the rules are approved by the European Parliament and the Council of Ministers, EU member states would have two years to apply the new provisions.

If the rules are approved, students and researchers would benefit from:

• the right to stay in an EU country at least nine months after finishing their studies or research to look for a job or to set up a business (instead of the current rule that allows each EU member state to decide whether a stay is allowed);
   
• a relaxed requirement to merely notify the member state to which they are moving after their studies or research (instead of having to submit a new visa application and wait for it to be processed);
   
• the right for students to work at least 15 hours a week;
   
• the ability for researchers to travel to other EU countries after their research is over for longer periods than currently allowed; and
   
• the ability for researchers to bring their family members with them and the right for the family members to work during their stay in Europe.

Interns and Volunteers

The new directive would allow interns and volunteers under the European Volunteer Scheme to benefit from uniform conditions to enter Europe and increased social security and labor law protection once there. It would also allow each EU member state to choose whether volunteers, students and for the first time in an EU law, au pairs, are afforded such protections.

What This Means for Employers and Foreign Nationals

Students, researchers, volunteers and au pairs should benefit from the streamlined travel and stay provisions if the new directive is approved.

Once the directive is approved, an update will be issued to clarify the related conditions and provisions.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

^{© 2015 Fragomen}