Background:

Spain has recently revised and updated its legal framework governing the general immigration regime. However, certain specific categories – such as the authorisation to stay for study purposes granted to third-country national minors (pupils) – remain subject to separate, specific regulations, given their particular relevance in safeguarding the best interests of the child and the inherent difficulty of addressing them comprehensively within a broad legislative instrument. Currently, this category is not specifically regulated by the immigration law, and such authorisation may only be granted to minors who participate in an officially recognised mobility programme.

One of the main objectives of regulating this type of authorisation is to establish a clearer, more coherent and efficient system that specifically defines the conditions and procedures applicable to this group, while ensuring the protection of the best interests of the child and safeguarding legal certainty for both families and the educational institutions involved. In this context, the Spanish Ministry of Inclusion, Social Security and Migration seeks to gather information on the legislation and current practices in other EMN Member and Observer Countries regarding the issuance of visas and authorisations of stay for study purposes granted to minors (pupils).

Respondents:

24 EMN Member and Observer 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 24 responding countries, 19 allow the entry and stay of third-country national minors who are not accompanied by their parents or legal guardians (“pupils”) for the purpose of pursuing studies. In BE, age is not a condition for applying for a residence permit to pursue studies; however, the legislation specifies that these studies must be conducted at a higher education establishment or in a preparatory year for this education. Applications to study at a secondary school are examined on a case-by-case basis and are subject to the minister's discretionary power (in practice, only a very few such applications are received). In some countries (BG, LV, ES), authorisations to study at a secondary school are only granted to third-country nationals in the framework of student exchange or mobility programmes.
   
• Most countries do not specify a minimum age for these applicants, as the authorisations depend rather on the type of institution at which the studies will be conducted (primary, secondary school or higher education). Only 4 countries specify a minimum age (12 years old in CY, 14 years old in IT and LU, 15 years old in SK), while other countries report that a minimum age exists only as a result of a general rule or common practice (e.g. 14-15 years old in DE), or as a consequence of the formal requirements that education institutions must meet in order to receive foreign students (for instance in HU, where kindergarten education is automatically excluded from these types of arrangements).
   
• The documentation required in applications for this purpose varies from country to country, but almost always includes some form of authorisation from the parent or legal guardian.
   
• 10 countries (AT, HR, CY, CZ, FR, IT, LT, NL, RS, SK) require the education institution or a third party in their country to be responsible for the minor during their stay. In CY and SK, guardians are appointed by a court, which examines the suitability of the applicant and the child's welfare. In EE and HU, the educational institution or a third party must be able to represent the minor in legal procedures, without having responsibility for them. Only 6 countries (CY, CZ, IT, LT, RS, SK) conduct a systematic verification or validation of the individual responsible for the minor – in other cases (e.g. AT, HR), this is done only in justified individual cases. In BE, admitted students do not have to be under the responsibility of an institution or a person; however, the student must be able to prove sufficient means of subsistence (which can be borne by a third party).

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