LegalizeDirective (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)
Where the notification has taken place in accordance with point (a) of paragraph 2, and where the second Member State has not raised any objection with the first Member State in accordance with paragraph 7, the mobility of the student to the second Member State may take place at any moment within the period of validity of the authorisation.
Where the notification has taken place in accordance with point (b) of paragraph 2 and where the second Member State has not raised any objection in writing to the mobility of the student, in accordance with paragraphs 7 and 9, the mobility is considered to be approved and may take place in the second Member State.
The notification shall include the valid travel document, as provided for in point (a) of Article 7(1), and the valid authorisation issued by the first Member State covering the total period of the mobility.
The second Member State may require the notification to include the transmission of the following documents and information:
- (a) evidence that the student carries out part of the studies in the second Member State in the framework of a Union or multilateral programme that comprises mobility measures or of an agreement between two or more higher education institutions and evidence that the student has been accepted by a higher education institution in the second Member State;
- (b) where not specified under point (a), the planned duration and dates of the mobility;
- (c) evidence that the student has sickness insurance for all the risks normally covered for nationals of the Member State concerned as provided for in point (c) of Article 7(1);
- (d) evidence that during the stay the student will have sufficient resources to cover subsistence costs without having recourse to the Member State's social assistance system as provided for in point (e) of Article 7(1), study costs, as well as the travel costs to the first Member State in the cases referred to in point (b) of Article 32(4);
- (e) evidence that the fees charged by the higher education institution have been paid, where applicable.
The second Member State may require the notifier to provide, before the start of mobility, the address of the student concerned in the territory of the second Member State.
The second Member State may require the notifier to present the documents in an official language of that Member State or in any official language of the Union determined by that Member State.
Based on the notification referred to in paragraph 2, the second Member State may object to the mobility of the student to its territory within 30 days from having received the complete notification where:
- (a) the conditions set out in paragraphs 5 or 6 are not complied with;
- (b) one of the grounds for rejection set out in point (b) or (c) of Article 20(1) or in paragraph 2 of that Article applies;
- (c) the maximum duration of stay referred to in paragraph 1 has been reached.
Students who are considered to pose a threat to public policy, public security or public health shall not be allowed to enter or to stay on the territory of the second Member State.
The competent authorities of the second Member State shall, without delay, inform the competent authorities of the first Member State and the notifier in writing about their objection to the mobility. Where the second Member State objects to the mobility in accordance with paragraph 7 the student shall not be allowed to carry out part of the studies in the higher education institution in the second Member State.
After the period of objection has expired, the second Member State may issue a document to the student attesting that he or she is entitled to stay on its territory and enjoy the rights provided for in this Directive.
Article 32
Safeguards and sanctions in cases of mobility
Where the authorisation for the purpose of research or studies is issued by the competent authorities of a Member State not applying the Schengen acquis in full and the researcher or student crosses an external border to enter a second Member State in the framework of mobility, the competent authorities of the second Member State shall be entitled to require as evidence of the mobility the valid authorisation issued by the first Member State and:
- (a) a copy of the notification in accordance with Article 28(2) or Article 31(2), or
- (b) where the second Member State allows mobility without notification, evidence that the student carries out part of the studies in the second Member State in the framework of a Union or multilateral programme that comprises mobility measures or an agreement between two or more higher education institutions, or for researchers, either a copy of the hosting agreement specifying the details of the mobility of the researcher or, where the details of the mobility are not specified in the hosting agreement, a letter from the research organisation in the second Member State that specifies at least the duration of the intra-EU mobility and the location of the research organisation in the second Member State.
In the case of the family members of the researcher, the competent authorities of the second Member State shall be entitled to require as evidence of the mobility the valid authorisation issued by the first Member State and a copy of the notification in accordance with Article 30(2) or evidence that they are accompanying the researcher.
Where the competent authorities of the first Member State withdraw the authorisation, they shall inform the authorities of the second Member State immediately, where applicable.
The second Member State may require to be informed by the host entity of the second Member State or the researcher or the student of any modification which affects the conditions on which basis the mobility was allowed to take place.
Where the researcher or, where applicable, his or her family members, or the student do not or no longer fulfil the conditions for mobility:
- (a) the second Member State may request that the researcher and, where applicable, his or her family members, or the student immediately ceases all activities and leaves its territory;
- (b) the first Member State shall, upon request of the second Member State, allow re-entry of the researcher and, where applicable, of his or her family members or of the student without formalities and without delay. This shall also apply if the authorisation issued by the first Member State has expired or has been withdrawn during the period of mobility within the second Member State.
Where the researcher or his or her family members or the student crosses the external border of a Member State applying the Schengen acquis in full, that Member State shall consult the Schengen information system. That Member State shall refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen information system.
CHAPTER VII PROCEDURE AND TRANSPARENCY
Article 33
Sanctions against host entities
Member States may provide for sanctions against host entities or, in cases covered by Article 24, employers who have not fulfilled their obligations under this Directive. Those sanctions shall be effective, proportionate and dissuasive.
Article 34
Procedural guarantees and transparency
The competent authorities of the Member State concerned shall adopt a decision on the application for an authorisation or a renewal of it and notify the decision to the applicant in writing, in accordance with the notification procedures under national law, as soon as possible but not later than 90 days from the date on which the complete application was submitted.
By way of derogation from paragraph 1 of this Article, in the event that the admission procedure is related to an approved host entity as referred to in Articles 9 and 15, the decision on the complete application shall be taken as soon as possible but at the latest within 60 days.
Where the information or documentation supplied in support of the application is incomplete, the competent authorities shall notify the applicant within a reasonable period of the additional information that is required and set a reasonable deadline for providing it. The period referred to in paragraphs 1 or 2 shall be suspended until the competent authorities have received the additional information required. If additional information or documents have not been provided within the deadline, the application may be rejected.
Reasons for a decision declaring inadmissible or rejecting an application or refusing renewal shall be given in writing to the applicant. Reasons for a decision withdrawing an authorisation shall be given in writing to the third-country national. Reasons for a decision withdrawing an authorisation may be given in writing also to the host entity.
Any decision declaring inadmissible or rejecting an application, refusing renewal, or withdrawing an authorisation shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification shall specify the court or administrative authority with which an appeal may be lodged and the time limit for lodging the appeal.
Article 35
Transparency and access to information
Member States shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals falling under the scope of this Directive and, where applicable, of their family members. This shall include, where applicable, the level of the monthly sufficient resources, including the sufficient resources needed to cover the study costs or the training costs, without prejudice to an individual examination of each case, and the applicable fees.
The competent authorities in each Member State shall publish lists of the host entities approved for the purposes of this Directive. Updated versions of such lists shall be published as soon as possible following any changes to them.
Article 36
Fees
Member States may require third-country nationals including, where applicable, family members, or host entities to pay fees for the handling of notifications and applications in accordance with this Directive. The level of such fees shall not be disproportionate or excessive.
CHAPTER VIII FINAL PROVISIONS
Article 37
Cooperation between contact points
Member States shall appoint contact points which shall cooperate effectively and be responsible for receiving and transmitting the information needed to implement Articles 28 to 32. Member States shall give preference to exchange of information via electronic means.
Each Member State shall inform the other Member States, via the national contact points referred to in paragraph 1:
- (a) about the procedures applied to mobility referred to in Articles 28 to 31;
- (b) whether that Member State only allows admission of students and researchers through approved research organisations or higher education institutions;
- (c) about multilateral programmes for students and researchers that comprise mobility measures and agreements between two or more higher education institutions.
Article 38
Statistics
Member States shall communicate to the Commission statistics on the number of authorisations issued for the purposes of this Directive and notifications received pursuant to Article 28(2) or Article 31(2) and, insofar as possible, the number of third-country nationals whose authorisations have been renewed or withdrawn. Statistics on admitted family members of researchers shall be communicated in the same manner. Those statistics shall be disaggregated by citizenship and, insofar as possible, by the period of validity of the authorisations.
The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be communicated to the Commission within six months of the end of the reference year. The first reference year shall be 2019.
The statistics referred to in paragraph 1 shall be communicated in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council ([^E0008]).
Article 39
Reporting
Periodically, and for the first time by 23 May 2023, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive in the Member States and propose amendments if appropriate.
Article 40
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 May 2018 at the latest. They shall immediately communicate the text of those measures to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 41
Repeal
Directives 2004/114/EC and 2005/71/EC are repealed for the Member States bound by this Directive with effect from 24 May 2018, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of those Directives set out in Part B of Annex I to this Directive.
For the Member States bound by this Directive, references to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation tables in Annex II.
Article 42
Entry into force
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 43
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
ANNEX I
Part A
Repealed Directives
(referred to in Article 41)
| Council Directive 2004/114/EC | (OJ L 375, 23.12.2004, p. 12) |
| Council Directive 2005/71/EC | (OJ L 289, 3.11.2005, p. 15) |
Part B
Time limits for transposition into national law and dates of application
(referred to in Article 41)
| Directive | Time limit for transposition | Date of application |
|---|---|---|
| 2004/114/EC | 12.1.2007 | |
| 2005/71/EC | 12.10.2007 |
ANNEX II
Correlation Tables
| Directive 2004/114/EC | This Directive |
|---|---|
| Article 1(a) | Article 1(a) |
| Article 1(b) | — |
| — | Article 1(b) |
| Article 2, introductory wording | Article 3, introductory wording |
| Article 2(a) | Article 3(1) |
| Article 2(b) | Article 3(3) |
| Article 2(c) | Article 3(4) |
| Article 2(d) | Article 3(5) |
| — | Article 3(6) |
| Article 2(e) | Article 3(11) and (13) |
| Article 2(f) | Article 3(7) |
| Article 2(g) | Article 3(22) |
| — | Article 3(8) |
| — | Article 3(12) |
| — | Article 3(14) to (21) |
| — | Article 3(23) and (24) |
| Article 3(1) | Article 2(1) |
| Article 3(2)(a) to (d) | Article 2(2)(a) to (d) |
| Article 3(2)(e) | — |
| — | Article 2(2)(e) to (g) |
| Article 4 | Article 4 |
| Article 5 | Article 5(1) |
| — | Article 5(2) and (3) |
| — | Article 6 |
| Article 6(1)(a) to (c) and (e) | Article 7(1)(a) to (d) |
| Article 6(1)(d) | Article 7(6) |
| Article 6(2) | — |
| — | Article 7(2) and (3) |
| Article 7(1), introductory wording | Article 11(1), introductory wording |
| Article 7(1)(a) | Article 11(1)(a) |
| Article 7(1)(b) | Articles 7(1)(e) and 11(1)(d) |
| Article 7(1)(c) | Article 11(1)(c) |
| Article 7(1)(d) | Article 11(1)(b) |
| Article 7(2) | Article 11(2) |
| — | Article 11(3) |
| Article 8 | Article 31 |
| Article 9(1) and (2) | Article 12(1) and (2) |
| Article 10, introductory wording | Article 13(1), introductory wording |
| Article 10(a) | Article 13(1)(a) |
| — | Article 13(1)(b) |
| Article 10(b) | Articles 7(1)(e) and 13(1)(c) |
| Article 10(c) | Article 13(1)(d) |
| — | Article 13(1)(e) and (f) |
| — | Article 13(2) to (4) |
| Article 11, introductory wording | Article 14(1), introductory wording |
| Article 11(a) | Article 14(2) |
| Article 11(b) | Article 14(1)(a) |
| — | Article 14(1)(b) |
| Article 11(c) | Article 14(1)(c) |
| Article 11(d) | Article 14(1)(d) |
| Article 12(1) | Article 18(2) |
| Article 12(2) | Article 21(2)(f) |
| Article 13 | Article 18(4) |
| Article 14 | Article 18(6) |
| Article 15 | Article 18(7) |
| — | Article 18(3), (5), (8) and (9) |
| — | Articles 16, 17 and 19 |
| Article 16(1) | Article 21(1)(a) and (b) |
| — | Article 21(1)(c) and (d) |
| Article 16(2) | Article 21(4) |
| — | Article 21(2)(a) to (e) |
| — | Article 21(3) |
| — | Article 21(5) to (7) |
| — | Article 22(3) and (4) |
| Article 17(1), first subparagraph, first sentence | Article 24(1) |
| Article 17(1), first subparagraph, second sentence | Article 24(3) |
| Article 17(1), second subparagraph | Article 24(2) |
| Article 17(2) | Article 24(3) |
| Article 17(3) and (4) | — |
| — | Article 24 |
| — | Article 27 |
| — | Article 30 |
| — | Articles 32 and 33 |
| Article 18(1) | Article 34(1) |
| — | Article 34(2) |
| Article 18(2), (3) and (4) | Article 34(3), (4) and (5) |
| Article 19 | — |
| — | Article 35, first paragraph |
| Article 20 | Article 36 |
| — | Articles 37 and 38 |
| Article 21 | Article 39 |
| Articles 22 to 25 | — |
| — | Articles 40 to 42 |
| Article 26 | Article 43 |
| — | Annexes I and II |
| Directive 2005/71/EC | This Directive |
| --- | --- |
| Article 1 | Article 1(a) |
| Article 2, introductory wording | Article 3, introductory wording |
| Article 2(a) | Article 3(1) |
| Article 2(b) | Article 3(9) |
| Article 2(c) | Article 3(10) |
| Article 2(d) | Article 3(2) |
| Article 2(e) | Article 3(22) |
| Article 3(1) | Article 2(1) |
| Article 3(2)(a) | Article 2(2)(a) |
| Article 3(2)(b) | — |
| Article 3(2)(c) | Article 2(2)(b) |
| Article 3(2)(d) | — |
| Article 4 | Article 4 |
| Article 5(1) | Article 9(1) |
| Article 5(2) | Article 9(2) |
| Article 5(3) | Article 8(2) |
| Article 5(4) | Article 10(7) |
| Article 5(5) | Article 35, second paragraph |
| Article 5(6) | Article 9(3) |
| Article 5(7) | Article 10(8) |
| Article 6(1) | Article 10(1) |
| — | Article 10(2) |
| Article 6(2)(a) | Article 10(4) |
| Article 6(2)(b) | Article 7(1)(e) |
| Article 6(2)(c) | Article 7(1)(c) |
| Article 6(2)(d) | Article 10(3) |
| Article 6(3) | — |
| Article 6(4) and (5) | Article 10(5) and (6) |
| Article 7(1)(a) | Article 7(1)(a) |
| Article 7(1)(b) | Article 8(1) |
| Article 7(1)(c) | Article 8(2) |
| Article 7(1)(d) | Article 7(6) |
| Article 7(1), last subparagraph | — |
| Article 7(2) | — |
| Article 7(3) | Article 5(3) |
| Article 8 | Article 18(1) |
| Article 9 | Article 26 |
| Article 10(1) | Article 21(1)(a), (b) and (d) |
| Article 10(2) | Article 21(4) |
| Article 11(1) and (2) | Article 23 |
| Article 12 | Article 22(1) and (2) |
| Article 13 | Articles 28 and 29 |
| Article 14(1) | Article 7(5) |
| Article 14(2) and (3) | Article 7(4) |
| Article 14(4) | Article 5(3) |
| Article 15(1) | Article 34(1) |
| — | Article 34(2) |
| Article 15(2) | Article 34(3) |
| Article 15(3) | Article 34(4) |
| Article 15(4) | Article 34(5) |
| Article 16 | Article 39 |
| Article 17 to 20 | — |
| Article 21 | Article 43 |
[^E0001]: Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
[^E0002]: Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
[^E0003]: Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).
[^E0004]: Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1).
[^E0005]: Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19).
[^E0006]: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1).
[^E0007]: Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, p. 1).
[^E0008]: Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
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