Ad Hoc Query on intra-EU mobility for international students (Directive 2016/801)

This ad hoc query focuses on the implementation of Article 31(2) of Directive 2016/801, which sets out the conditions for notifying mobility of students between two or more EU Member States. The query examines the mobility notification process, existing arrangements in the absence of an official notification process, and the rules applicable to students covered by an EU programme, a multilateral programme involving mobility measures or an agreement between two or more higher education institutions, as opposed to those applicable to students who are not.

Background:

On 29 May 2024, French authorities led a workshop for policy officers in charge of the reception of international students in higher education establishments on the topic of intra-EU mobility for the purposes of study by third-country nationals. As part of the preparations for this workshop, the French National Contact Point to the EMN launched a query to gain more information about the reception arrangements in place by other EU Member States for third-country nationals admitted for the purpose of study by another EU Member State, under an EU programme or a multilateral programme, and coming to stay on their territory for a maximum period of 360 days, in application of EU Directive 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, voluntary service, pupil exchange schemes or education projects and au pairing.

Respondents:

22 EMN Member Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

  • Out of the 22 responding countries, 14 Member States have implemented the conditions for notifying mobility set out in Directive 2016/801. These conditions are laid out in Article 31(2) of the Directive, which states that in the case of mobility of students (between two higher education institutions in different Member States), the second Member State may request to be officially notified of the intention of the student to move.
     
  • Where it is implemented, the mobility notification process varies between Member States. Article 31(2) specifies that the second Member State may require (a) the higher education institution in the first Member State, (b) the higher education institution in the second Member State, or (c) the student to notify the competent authorities of the intention of the student to carry out part of their students in the second Member State. The majority of Member States, including BE, require that this notification process be done by the host higher education institution.
     
  • In order to benefit from the mobility provisions of Directive 2016/801, students are required to provide either (a) proof of membership of an EU programme of a multilateral programme involvement mobility measures or an agreement between two or more higher education establishments, or (b) a residence permit bearing the words “student – mobility programme”. Most Member States require the first type of document (proof of mobility agreement), with some Member States also reporting that they accept (or require) both. In BE, both a proof of mobility and a proof of valid residence permit in the first Member State are required.

For further details, please read the compilation of answers above.

Publication Date:
Thu 18 Jul 2024
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