Implementation of EU Directive 2016/801

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Implementation of EU Directive 2016/801

New immigration rules expected

On May 12, 2016 the European Union (EU) agreed to enhance the immigration rules for non-EU/EEA students and researchers and to also introduce rules for non-EU/EEA graduates. Member States have to transpose the new rules into national law by May 23, 2018.

18 April 2018

The new rules replace the existing Directives 2004/114 and 2005/71 regulating the admission of students and researchers. The aim of the new rules is to promote the European Union as an attractive location for students and researchers and to increase its overall competitiveness and growth rates while creating jobs. The new regulations will provide for more relaxed rules for non-EU/EEA students, researchers and graduates seeking to study, perform research activities or gain work experience via internships. With the new rules it will be easier for students and researchers to move within the EU and in turn easier for the EU to retain talent and researchers.

Internships by non-EU/EEA national graduates

Students who graduated will have increased opportunities to orientate on the European labour market through internships. These new opportunities will be in addition to the already existing options like the ICT permit for trainees and the orientation year permit. The new rules apply to graduates who want to gain work experience in their area of expertise. While under the old Directive one needed to indicate that the internship was a mandatory part of the academic program, it will now become possible for non-EU/EEA nationals to engage in an internship within the two years after completion of their studies. Being enrolled with a foreign educational institution will no longer be a precondition. An intern, however, may only work as part of learning on the job and not perform work in a regular employment position.

Intra-EU mobility for scientific researchers

For scientific researchers the new Directive will provide for increased opportunities to benefit from intra-EU mobility based on their residence permit card. For scientific researchers it will become easier to complete parts of their scientific research with scientific institutions in other EU member states. The holder of a residence permit as a scientific researcher for one member state who, as part of the research project for which the permit was granted, will be engaged in scientific research in another member state for a period not exceeding 180 days, may do so on the basis of a notification with the immigration authorities of the second member state. Applying for a residence permit as a scientific researcher separately for the second member state will no longer be required.

Member States have the discretion to extend the intra-EU mobility option for scientific researchers to 360 days instead of 180 days. The notification with the immigration authorities of the second member state will be sufficient. Applying for a residence permit as a scientific researcher for the second member state will not be required for a stay up to 360 days.

The Netherlands have chosen not to extend the period for which a notification will suffice to 360 days. This means that a scientific researcher visiting the Netherlands for more than 180 days, will remain to be required to apply for a Dutch residence permit as a scientific researcher.

Non EU/EEA nationals who want to continue their studies, perform research activities or gain work experience within the EU should benefit from the new rules. At the same time, your organization can benefit from increased options to offer internship positions and scientific researchers can, with less restrictions, participate in scientific research in multiple Member States.

The new rules are expected to be implemented into Dutch immigration law soon. We will keep you informed on all developments via the website.

Please feel free to contact us if you would like to know more about the new rules.

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