Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of  entry and residence  of third-country nationals for the purposes of research, studies, pupil exchange,  remunerated and  unremunerated training , voluntary service  and au pairing  [RECAST]
Date: 2013-03-25
Institutions: European Commission
Subjects: EU visa policy, foreign national, foreign student, research staff, residence permit, traineeship

EUROPEAN 
COMMISSION 

Brussels, 25.3.2013  
COM(2013) 151 final 

2013/0081 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the conditions of   entry and residence  of third-country nationals for the purposes of 
research, studies, pupil exchange,  remunerated and  unremunerated training , 
voluntary service  and au pairing  

[RECAST] 
{SWD(2013) 77 final} 
{SWD(2013) 78 final} 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Article 79 of the Treaty on the Functioning of the European Union (TFEU) entrusts the Union 
with  the  task  of  developing  a  common  immigration  policy  aimed  at  ensuring  efficient 
management of migration flows and fair treatment of third-country nationals residing legally 
in the Member States. The present proposal responds to this mandate and aims to contribute to 
the implementation of the Europe 2020 Strategy. 
The  implementation  reports1  of  Directives  2005/71/EC  of  12  October  2005  on  a  specific 
procedure  for  admitting  third-country  nationals  for  the  purposes  of  scientific  research2  and 
Directive  2004/114  of  13  December  2004  on  the  conditions  of  admission  of  third-country 
nationals  for  the  purposes  of  studies,  pupil  exchange,  unremunerated  training  or  voluntary 
service3  have  shown  a  number  of  weaknesses  of  these  instruments.  These  shortcomings 
concern  key  issues  such  as  admission  procedures  including  visas,  rights  (including  mobility 
aspects) and procedural safeguards. The current rules are insufficiently clear or binding, not 
always fully coherent with  existing EU  funding programmes, and  sometimes fail  to address 
the  practical  difficulties  that  applicants  face.  When  combined,  these  problems  put  into 
question whether third-country nationals consistently receive fair treatment under the existing 
instruments. 

Directive  2004/114/EC  on  students  lays  down  mandatory  rules  for  the  admission  of  third-
country national students, with an option for Member States to apply the Directive for school 
pupils, volunteers and unremunerated trainees. Directive 2005/71/EC on researchers provides 
for a fast track procedure for the admission of third-country researchers who have completed 
a hosting agreement with a research organisation approved by the Member State. 

The need to improve the current rules is reinforced by the fact that circumstances and policy 
context are very different today than when the Directives were adopted. In the context of the 
Europe 2020 Strategy and the need to ensure smart, sustainable and inclusive growth, human 
capital represents one of Europe's key assets. Immigration from outside the EU is one source 
of highly skilled people, and third-country national students and researchers in particular are 
groups which are increasingly sought after. Fostering people-to-people contacts and mobility 
are also important elements of the EU’s external policy, notably vis-à-vis the countries of the 
European Neighbourhood Policy or the EU’s strategic partners. 

The present proposal aims at improving the provisions of third-country national researchers, 
students,  school  pupils,  unremunerated  trainees  and  volunteers,  and  applying  common 
provisions  to  two  new  groups  of  third-country  nationals:  remunerated  trainees  and  au-pairs. 
The proposal takes the form of a Directive amending and recasting Directives 2004/114/EC 
and 2005/71/EC. Its overall objective is to support social, cultural and economic relationships 
between the EU and third countries, foster the transfer of skills and know-how and promote 
competitiveness  while,  at  the  same  time,  provide  for  safeguards  ensuring  fair  treatment  of 
these groups of third-country nationals. 

•  General context 

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3 

COM(2011) 901 final; COM(2011) 587 final 
OJ L 289, 3.11.2005, p. 15. 
OJ L 375, 23.12.2004, p. 12. 

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The EU is facing important structural challenges of both demographic and economic nature. 
The  working  age  population  has  practically  stopped  growing  and  over  the  next  couple  of 
years  it  will  start  shrinking.  For  both  economic  and  demographic  reasons  the  observed 
patterns of employment growth with emphasis on skilled labour will persist during the decade 
ahead. The EU is also facing a situation of 'innovation emergency'. Europe is spending 0.8% 
of GDP less than the US and 1.5% less than Japan every year on Research & Development 
(R&D).  Thousands  of  the  best  researchers  and  innovators  have  moved  to  countries  where 
conditions are more favorable. Although the EU market is the largest in the world, it remains 
fragmented and not enough innovation-friendly. The Europe 2020 Strategy and its Innovation 
Union  flagship  initiative  set  the  goal  of  increased  investment  in  research  and  innovation, 
requiring  an  estimated  extra  one  million  more  research  jobs  in  Europe.  Immigration  from 
outside the EU is one source of highly skilled people, and third-country national students and 
researchers  in  particular  are  groups  which  are  increasingly  sought  after  and  which  the  EU 
needs to actively attract. Third-country national students and researchers can contribute to a 
pool of well-qualified potential workers and human capital that the EU needs to cope with the 
above-mentioned challenges. 

The  EU  Global  Approach  to  Migration  and  Mobility  (GAMM)  sets  the  overarching 
framework of the EU’s external migration policy. It defines how the EU organises its dialogue 
and  cooperation  with  non-EU  countries  in  the  area  of  migration  and  mobility.  The  GAMM 
aims to contribute – inter alia – to the achievement of the Europe 2020 Strategy, in particular 
through its objective of better organising legal migration and fostering well-managed mobility 
(alongside  its  other  pillars  dealing  with  irregular  migration,  migration  and  development  and 
international  protection).  Particularly  relevant  in  this  context  are  the  Mobility  Partnerships, 
which offer a tailor-made bilateral frameworks for cooperation between the EU and selected 
non-EU  countries  (notably  in  the  EU  neighbourhood),  potentially  also  containing  measures 
and  programmes  for  promoting  the  mobility  of  the  groups  addressed  in  this  proposal  for 
Directive. 

Allowing third-country nationals to acquire skills and knowledge through a period of training 
in Europe encourages “brain circulation” and supports cooperation with third countries, which 
benefits  both  the  sending  and  the  receiving  countries.  Globalization  calls  for  enhanced 
relationships between EU enterprises and foreign markets, while movements of trainees and 
au-pairs  foster  the  development  of  human  capital,  result  in  mutual  enrichment  for  the 
migrants,  their  country  of  origin  and  the  host  country  and  an  improved  mutual  familiarity 
between  cultures.  However,  in  absence  of  a  clear  legal  framework,  there  is  also  a  risk  of 
exploitation to which trainees and au-pairs are particularly exposed, with the subsequent risk 
of unfair competition. 

With  a  view  to  better  optimise  those  benefits  and  to  properly  tackle  those  risks,  and  taking 
account of the similarities of the challenges faced by these categories of migrants, the present 
proposal  amends  Council  Directive  2004/114/EC  on  the  conditions  of  admission  of  third-
country  nationals  for  the  purposes  of  studies,  pupil  exchange,  unremunerated  training  or 
voluntary  service,  extending  its  scope  to  remunerated  trainees  and  au-pairs  and  making 
mandatory  provisions  on  unremunerated  trainees  that  are  currently  discretionary,  as  well  as 
Council  Directive  2005/71/EC  on  a  specific  procedure  for  admitting  third-country  nationals 
for the purposes of scientific research. 

•  Existing provisions in the area of the proposal 

Council Directive 2004/114/EC provides common rules regarding the conditions of entry and 
stay  of  third-country  national  students.  However,  according  to  Article  3  of  Directive 
2004/114/EC, Member States are free to decide, on an optional basis, whether they apply the 

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Directive  to  third-country  nationals  who  apply  to  be  admitted  for  the  purposes  of  pupil 
exchange, unremunerated training or voluntary service.  

The  conditions  for  the  admission  of  remunerated  trainees  are  also  addressed  by  the  1994 
Council Resolution on limitations on admission of third-country nationals on the territory of 
the  Member  States  for  employment4.  It  provides  a  general  definition  of  trainees  and  a 
maximum period of stay.  

Council  Directive  2005/71/EC  provides  a  specific  procedure  for  admitting  third-country 
nationals for the purposes of scientific research. 
The recommendation of the European Parliament and of the Council of 28 September 20055 
proposes measures to facilitate the issue by the Member States of uniform short-stay visas for 
researchers from third countries travelling within the Community for the purpose of carrying 
out scientific research. 

The  format  of  a  residence  permit  for  third-country  national  is  laid  down  in  EC  Regulation 
(EC) No 1030/2002. It is applicable to this proposal. 
As regards au-pairs, the European Agreement on "au pair" Placement of 24 November 19696, 
drawn up by the Council of Europe, provides a set of European rules. However, the majority 
of Member States have not ratified this Agreement. 

•  Consistency with other policies and objectives of the Union 

The  provisions  in  this  proposal  are  consistent  with  and  supportive  of  the  objectives  of  the 
Europe  2020  Strategy  and  the  EU  Global  Approach to Migration and Mobility. In addition, 
setting up common admission procedures and securing a legal status for trainees and au-pairs 
can serve as a safeguard from exploitation. 

This proposal is also in line with one of the objectives of the EU action on education, which is 
to promote the Union as a world centre of excellence for education and international relations 
and  to  share  knowledge  better  around  the  world  as  a  means  of  helping  to  disseminate  the 
values of human rights, democracy and the rule of law. 

The  proposal  also  complies  with  the  EU's  development  policy's  focus  on  eradication  of 
poverty  and  the  achievement  of  the  Millennium  Development  Goals.  In  particular,  its 
provisions on mobility of trainees between the EU and home countries would allow reliable 
inflows of remittances and transfer of skills and investments.  

This  proposal  has  positive  effects  on  fundamental  rights,  as  it  strengthens  third-country 
nationals' procedural rights and recognises and safeguards the rights of remunerated trainees 
and au-pairs. In this respect, it is consistant with the rights and principles recognized by the 
Charter of Fundamental Rights, notably with Article 7 on the right to respect of private and 
family life, Article 12 on freedom of assembly and association, Article 15(1) on freedom to 
choose occupation and the right to engage in work, Article 15(3) on equal working conditions, 
Article 21(2) on non-discrimination, Article 31 on fair and just working conditions, Article 34 
on social security and social assistance and Article 47 on the right to an effective remedy and 
to a fair trial. 

2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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6 

OJ C 274, 19.9.1996, p. 3-6. 
OJ L 289, 3.11.2005, p. 23. 
http://conventions.coe.int/Treaty/en/Treaties/Html/068.htm  

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Discussions  with  the  Member  States  took  place  within  the  framework  of  meetings  of  the 
Committee  on Immigration  and  Asylum (CIA). First, on the  findings of the  implementation 
reports and, secondly, in the context of the preparation of this initiative, where, in addition, 
Member States submitted their written contributions in response to questions circulated before 
the CIA meeting.  

Consultation  of  relevant  stakeholders 
included  workshops  organized  by  European 
Audiovisual Culture Education Agency (EACEA) with the Erasmus Mundus community on 
visa  and  on  Erasmus  Mundus  Joint  Doctorates,  workshops  and  discussions  with  National 
Platforms  of  youth  exchange  organisations  (including  school  pupil  and  volunteering 
organisations), and a workshop on the views of the research Community in a meeting of the 
EURAXESS bridgehead organizations7. 

Several  workshops  were  organized  by  the  European  Migration  Network  (EMN)  on 
international  students'  mobility,  EMN  Ad-hoc  queries8  as  well  as  a  large-scale  study  on: 
"Immigration of International Students to the EU".9  
An online public consultation was launched on 1 June 2012 through IPM10 and 1461 replies 
were received. A very large majority of respondents (91%) thought that the attractiveness of 
the  EU  as  a  destination  for  researchers  should  be  improved,  with  87%  saying  the  same  for 
students. For both groups the biggest issues were seen to be visas and residence permits. Over 
70%  of  respondents  thought  that  the  attractiveness  of  the  EU  should  also  be  improved  for 
school  pupils,  volunteers  and  unremunerated  trainees.  There  was  no  geographical  bias 
between responses from within or outside the EU.  

Finally,  the  relevant  results  of  the  public  consultation  of  the  European  Research  Area 
framework  Communication11  as  well  as  the  results  of  Erasmus  Mundus  Visa  Survey  of 
Erasmus  Mundus  Alumni  and  students  carried  out  by  the  Erasmus  Mundus  Students  and 
Alumni Association (EMA)12 at the request of European Audiovisual, Education and Culture 
Agency (EACEA) were also taken into account. 

•  Collection and use of expertise 

There was no need for external expertise in addition to the data collected as indicated above. 

•  Impact assessment 

The following options were considered: 

Option 1 (baseline): No change to the existing situation 

Different  and  diverging  solutions  with  respect  to  admission  conditions,  in  particular  visa, 
would continue to be implemented by the Member States acting independently. The lack of 

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Stakeholders were  consulted  on  current  legislative framework  relevant to  students  and  researchers, in 
particular  on  problems  affecting  the  admission  and  mobility  of  third-country  nationals  concerned,  on 
potential scope for improvements as well as on the possible amendments of the Directive.  
http://emn.intrasoft-intl.com/ See under: EMN Outputs / EMN Ad-Hoc Queries / Students.  
The EMN Steering Board chose the topic Immigration of International Students to the EU as the Main 
Study  for  the  Work  Programme  2012.  The  aim  of  the  study  is  to  provide  an  overview  of  the 
immigration  policies  implemented  by  the  EU  Member  States  and  Norway  regarding  international 
students, with a view to assisting policy-makers and practitioners to achieve a balance between actively 
attracting  international  students  into  the  EU  for  the  purposes  of  study,  and  preventing  the  misuse  of 
international student routes to migration. 
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=Immigration2012.  The  consultation  closed  on 
23 August 2012.  
http://ec.europa.eu/research/consultations/era/consultation_en.htm  
http://eacea.ec.europa.eu/erasmus_mundus/events/visas-students/ema_visa_survey_16112011.pdf  

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clarity and transparency on these aspects would remain. Problems with procedural safeguards 
would  continue,  and  conditions  to  exercise  intra-EU  mobility  (in  particular  in  the  case  of 
students) would remain restrictive, whereas remunerated trainees would not be covered at all 
by  EU  legislation.  Similarly,  regarding  access  to  the  labour  market  for  students  and 
researchers  following  graduation/finalisation  of  their  studies/research,  different  approaches 
would continue to apply across the EU. 

Option  2:  Increased  communication  efforts  (in  particular  in  case  of  researchers),  and 
strengthened enforcement of the current rules 

This option includes better provision of and access to information to increase the transparency 
of existing rules and making them better used. There could also be increased efforts in raising 
awareness  about  best  practices  among  Member  States  in  admitting  and  protecting  groups 
which are currently not covered by existing Directives, i.e. au pairs and remunerated trainees. 
A  more  systematic  exercise  of  ensuring  that  Member  States  understand  and  respect  their 
obligations under these Directives would be carried out. 

Option 3: Improvement of admission conditions, rights and procedural guarantees 

This  option  mainly  includes  improvements  for  students,  school  pupils,  volunteers  and 
unremunerated trainees as it makes admission conditions comparable to those that apply for 
researchers and brings some of the rights to the standard enjoyed by researchers. This option 
would  make  rules  for  the  currently  optional  groups  of  school  pupils,  volunteers  and 
unremunerated trainees mandatory. Member States would be obliged to grant every facility to 
obtain the requisite visas to the third-country national (students and other categories) who has 
submitted  an  application  and  meets  the  admission  conditions.  There  would  also  be  changes 
regarding  procedural  guarantees,  mainly  through  the  introduction  of  time-limits  that  oblige 
Member  States'  authorities  to  decide  on  an  application  within  60  days.  In  exceptional 
circumstances, this time-limit could be extended by an additional 30 days. Students' right to 
work  during  their  period  of  study  would  be  extended  to  cover  a  minimum  of  15  hours  per 
week as of the first year of residence. 

Option  4:  Further  improvement  of  admission  conditions,  rights  also  on  intra-EU 
mobility  and  procedural  guarantees;  access  to  job-seeking  following  completion  of 
studies or research project; extended scope to au-pairs and remunerated trainees 

This option aims at a higher degree of ambition in improving the conditions and rights of the 
groups  covered  by  existing  Directives,  extending  the  scope  of  the  Directive  to  au-pairs  and 
remunerated trainees and introducing specific admission conditions to ensure better protection 
for  them.  Member  States  would  have  the  possibility  to  issue  long-stay  visas  or  residence 
permits, and they should, in case both types of authorizations would be used, require only the 
fulfillment of admission conditions mentioned in the Directive (so that the conditions remain 
the same irrespective of the type of authorization).  

In case the third-country nationals' stay exceeds a period of one year, Member States issuing 
long-stay visas would have to  issue residence  permits after the first year. Intra-EU mobility 
provisions  would  be  strengthened  for  researchers  and  students,  and  introduced  for  the  first 
time  for  remunerated  trainees.  In  addition,  regarding  intra-EU  mobility,  specific,  more 
favorable rules would apply to beneficiaries of EU programmes including mobility measures 
such as Erasmus Mundus or Marie Curie. 

Students would obtain the right to work for a minimum of 20 hours per week as of the first 
year of residence. After finalization of their studies/research, students and researchers would 
be allowed to stay on the territory to identify work opportunities for a period of 12 months. As 

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for procedural guarantees, Member States would be obliged to decide on applications within 
60 days (all groups), and within 30 days for Erasmus Mundus and Marie Curie fellows. 

The  analysis  and  comparison  of  the  options  suggest  that  there  are  problems  that  cannot  be 
solved by improved communication efforts, and therefore require an update of the Directives.  

Option 4 appears to be the most cost-effective option to meet the key objectives and brings 
about  positive  economic  and  social  impacts.  The  main  disadvantage  of  legislative  changes 
would  be  the  costs  involved.  Member  States  will  have  to  make  modifications  to  their 
legislative frameworks, mainly concerning authorisations to enter and stay, intra-EU mobility 
and time-limits to handle applications. At the same time the costs implied by option 4 would 
be  relatively  limited,  and  some  Member  States  are  already  implementing  some  of  the 
provisions foreseen. 

Since  the  issues  identified  are  similar  for  both  Directives,  and  in  order  to  provide  more 
coherence  and  clarity  of  the  EU  rules,  the  most  effective  way  to  implement  the  preferred 
option is to combine the two Directives in a single legislative instrument. This will be carried 
out through a recast of both Directives, bringing them together in a single legislative act and 
proposing new substantial changes. 

3. LEGAL ASPECTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposal  establishes  the  conditions  of  entry  and  residence  of  third-country  national 
researchers, students, pupils, remunerated and unremunerated trainees, volunteers and au pairs 
to  the  territory  of  the  Member  States  for  a  period  exceeding  three  months.  The  proposal 
introduces  admission  conditions  for  two  groups  of  third-country  nationals  currently  not 
covered  by  a  legally  binding  EU  legal  framework,  au  pairs  and  remunerated  trainees,  to 
ensure  their  legal  rights  and  protection.  In  the  case  of  third-country  national  researchers, 
family admission is made more favourable, as well as access to the labour market by family 
members, and their intra-EU mobility. 

The proposal provides that an applicant who satisfies all the conditions set out for admission 
to  one  of  the  Member  States  shall  be  granted  a  long-stay  visa  or  residence  permit.  The 
proposal facilitates and simplifies intra-EU mobility for students and researchers, in particular 
for those under the  Erasmus Mundus/Marie Curie programmes which will be  expanded and 
see  an  increase  in  participation  under  the  next  Multiannual  Financial  Framework.  The 
proposal  increases  the  rights  of  students  to  work  part-time  and  allows  students  and 
researchers,  after  finalization  of  studies/research,  to  stay  on  the  territory  to  identify  work 
opportunities for a period of 12 months. 

Increased  information  and  transparency  are  introduced,  as  well  as  time  limits  for  decisions 
and  improved  procedural  guarantees,  such  as  written  reasons  for  a  decision  and  rights  of 
appeal. Fees charged would have to be proportionate. 

•  Legal basis 

Article 79(2) TFEU empowers the European Parliament and the Council, acting in accordance 
with the ordinary legislative procedure, to adopt measures in the following areas:  

(a)  The  conditions  of  entry  and  residence,  and  standards  on  the  issue  by  Member  States  of 
long-term visas and residence permits;  

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(b) The definition of the rights of third-country nationals residing legally in a Member State, 
including the conditions governing freedom of movement and of residence in other Member 
States. 

•  Subsidiarity principle 

Immigration  policy  is  a  competence  shared  by  the  Union  and  the  Member  States.  The 
principle of subsidiarity therefore applies, which involves ensuring that the objectives of the 
proposed action could not be achieved sufficiently by the Member States (necessity test), and 
considering whether and how these objectives could be better achieved by action on the part 
of the Union (European added value test). 

The challenge to keep and improve the capacity to attract talent from outside of the EU has 
increased and is common to all Member States. Although each Member State could continue 
to have its own national system of admitting the third-country nationals groups concerned by 
this proposal, this would not achieve the general objective of increasing the attractiveness of 
the  EU  as  a  destination  for  talented  migrants.  Having  one  set  of  common  admission  and 
residence  requirements  rather  than  a  fragmented  situation  with  diverging  national  rules  is 
clearly  more  efficient  and  simpler  for  potential  applicants  as  well  as  for  organizations 
involved  than  having  to  look  into  and  deal  with  27  different  systems.  In  addition,  the 
promotion of intra-EU mobility, one of the key objectives of this proposal, requires an EU-
wide instrument. 

With  the  increased  number  of  initiatives  targeting  youth  and  stimulating  cultural,  social, 
educational people-to-people contacts with nationals of third countries and forms of informal 
training, the need for matching them with adequate immigration rules is even greater.  

Finally,  a  minimum  uniform  level  of  protection  and  rights  of  third-country  students, 
researchers and other groups should offer solid safeguards against the exploitation of certain 
vulnerable categories, such as remunerated trainees and au-pairs. 

The EU added value of the existing Students and Researchers Directives has been proven over 
the years, and this proposal will lead to further improvements. 

A transparent legal framework including appropriate safeguards to ensure a genuine transfer 
of skills would facilitate economic, social and cultural international relationships between the 
Member States and sending countries. As regards external aspects of migration policy, an EU 
instrument covering remunerated trainees will help further deepening of the Global Approach 
to  Migration  and  Mobility,  as  it  both  provides  transfers  of  skills  and  strengthens  third 
countries´  commitment  to  fight  irregular  immigration  thanks  to  additional  legal  migration 
routes. Concerning au-pairs, an EU framework would help to increase their protection. 

One of the key elements of this proposal would be to better tap into the potential of students 
and researchers upon finalizing their studies/research. They constitute a future pool of highly-
skilled workers as they speak the language and are integrated in the host society.  

By addressing remunerated trainees who fall outside the scope of intra-corporate transferees, 
the proposal would complement the Directive on intra-corporate transferees which is currently 
being negotiated with the Council and the European Parliament. 

Provisions  aiming  at  clarifying  and  promoting  rights  and  residing  conditions  would  also 
contribute to the overall objective of enhancing the protection of fundamental rights. 

Given all these considerations, it is considered that the proposal complies with the subsidiarity 
principle. 

•  Proportionality principle 

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The principle of proportionality applies, meaning that ‘the content and form of Union action 
shall not exceed what is necessary to achieve the objectives of the Treaties' - Article 5(4) of 
the Treaty on European Union. The proposal complies with the proportionality principle for 
the following reasons: 

The instrument chosen is a Directive, which gives Member States a high degree of flexibility 
in terms of implementation. 

The content of the action is limited to what is necessary to achieve its aim. The proposed rules 
concern admission conditions, procedures and authorisations (residence permits and long-stay 
visas),  as  well  as  rights  of  students,  researchers,  pupils,  volunteers,  trainees  and  au  pairs, 
which are the areas that constitute elements of a common immigration policy under Article 79 
TFEU.  EU-wide  rules  already  exist  for  some  of  these  groups  but  need  to  be  up-dated  and 
improved, and the content of this proposal is limited to what is necessary to achieve the above 
aim. 

•  Choice of instrument 

The  proposed  instrument  is  a  Directive.  It  is  the  appropriate  instrument  for  this  action  as  it 
sets  binding  minimum  standards  but,  at  the  same  time,  gives  Member  States  the  necessary 
flexibility. Furthermore it is the most appropriate instrument for bringing together in a single 
legislative  act  the  two  existing  Directives  through  the  recast  of  both  existing  Directives,  in 
order  to  ensure  a  coherent  legal  framework  for  different  groups  of  third  country  nationals 
coming to the EU.  

4. BUDGETARY IMPLICATIONS 

The proposal has no implications for the EU budget. 

5. ADDITIONAL INFORMATION 

•  Transposition clause 

The proposal includes a transposition clause. 

•  Explanatory  documents  accompanying  the  notification  of  transposition 

measures 

The  proposed  Directive  has  a  wide  personal  scope  as  regards  the  different  third-country 
national groups that it covers (researchers, students, school pupils, trainees, volunteers and au-
pairs).  The  proposal  also  contains  a  large  number  of  legal  obligations,  extending  the  latter 
compared  to  the  existing  Directives  2005/71/EC  and  2004/114/EC.  Given  this,  and  the  fact 
that the proposal includes provisions on a number of groups not yet covered in a mandatory 
way by the current legal framework, explanatory documents accompanying the notification of 
transposition  measures  will  be  needed  so  that  the  transposition  measures  that  the  Member 
States have added to existing legislation are clearly identifiable. 

•  Detailed explanation of the proposal 

CHAPTER I – GENERAL PROVISIONS 

Article 1 

The proposal is part of the EU’s efforts to put in place a comprehensive immigration policy. It 
has two specific purposes. The first one is to set out the conditions of entry and residence of 
third-country  nationals  to  the  territory  of  the  Member  States  for  a  period  exceeding  three 
months for the purposes of research, studies, pupil exchange, remunerated and unremunerated 

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training, voluntary service and au pairing. The second is to set out the conditions of entry and 
residence of third-country national students and remunerated trainees in Member States other 
than  the  Member  State  which  first  grants  the  third-country  national  an  authorisation  on  the 
basis  of  this  Directive.  The  third  one  covers  the  conditions  of  entry  and  residence  of  third-
country national researchers in Member States other than the Member State which first grants 
the third-country national an authorisation on the basis of this Directive. 

Article 2 

This Article sets out the scope of the proposal, which applies to third-country nationals who 
apply to be admitted to the territory of a Member State for the purpose of research, studies, 
pupil exchange, remunerated or unremunerated training, voluntary service or au pairing. The 
optional  provisions  of  the  Students'  Directive  on  pupils,  unremunerated  trainees  and 
volunteers  have  been  made  mandatory  and  the  general  scope  has  been  extended  to  cover 
remunerated trainees and au pairs. 

Regarding  the  groups  that  are  not  covered  by  the  proposal,  the  proposal  very  much  follows 
the  approach  developed  in  Directive  2004/114/EC  and  2005/71/EC.  The  proposal  does  not 
cover, as an example, EU citizens and their family members. As was the case with previous 
Directives 2004/114/EC and 2005/71/EC, it also does not cover third-country nationals who 
are  EC  long-term  residents  given  their  more  privileged  status  and  their  specific  type  of 
residence permit, or refugees, those residing in a Member State on a strictly temporary basis 
in  accordance  with  EC  legislation  or  under  commitments  contained  in  international 
agreements, and other limited categories. 

Article 3 

This Article sets out the definitions used in the proposal, which are to a large extent common 
to  other  existing  migration  Directives  (most  notably  2004/114/EC  and  2005/71/EC).  The 
definition  of  au-pairs  is  inspired  by  the  1969  European  Agreement  on  "au  pair"  Placement. 
The  definition  of  remunerated  trainee  is  based  on  that  for  unremunerated  trainee,  while 
highlighting  the  element  of  remuneration.  The  term  "authorisation"  is  used  to  cover  both 
residence permits and long term visas. 

Article 4 

This Article states that Member States may grant more favourable conditions for the persons 
to  whom  the  proposal  for  Directive  applies,  however  only  in  relation  to  certain  specific 
provisions  that  concern  family  members  of  researchers,  rights  to  equal  treatment,  economic 
activities and procedural safeguards, so as not to undermine the scope of the Directive. 

CHAPTER II - ADMISSION 

Article 5 

This Article lays down the general principle that an applicant who satisfies all the general and 
specific conditions for admission shall be granted a residence permit or a long-stay visa by the 
Member State where the application has been made. The reason for this is to avoid situations 
in which the applicant might be refused admission although he or she fulfils all the conditions 
but is not granted the necessary visa. 

Article 6 

This Article lays down the general conditions which all applicants must fulfil in order to be 
admitted  to  a  Member  State,  besides  the  specific  conditions  that  apply  to  the  different 
categories  of  third-country  nationals  laid  down  in  the  subsequent  Articles.  The  general 
conditions  are  very  much  in  line  with  those  developed  in  the  existing  acquis  on  legal 

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migration, and include valid documents, sickness insurance and minimum resources. Once the 
general conditions as well as the specific conditions of admission are fulfilled, applicants shall 
be entitled to an authorisation, meaning a long-stay visa and/or residence permit. 

Articles 7, 8 and 9 

These Articles set out specific conditions of admission for third-country national researchers, 
which  already  exist  in  the  Researchers'  Directive,  in  particular  the  requirement  that  the 
research  organisation  be  approved  by  the  Member  State,  and  that  a  hosting  agreement  be 
signed by both the approved research organisation and the researcher. This proposal explicitly 
lists  the  elements  that  should  be  contained  in  the  hosting  agreement.  They  are  the  title  and 
purpose of the research project, the confirmation of the researcher that he or she undertakes to 
complete the research project, the confirmation of the organisation that it hosts the researcher 
so  that  he  or  she  can  complete  the  research  project,  the  start  and  end  date  of  the  research 
project,  information  on  the  legal  relationship  between  the  research  organization  and  the 
researcher  and  information  on  the  working  conditions  of  the  researcher.  For  third-country 
national  researchers  to  be  aware  of  research  organisations  that  can  enter  into  hosting 
agreements, emphasis is placed on the need for the list of approved organisation to be publicly 
available and up-dated whenever a change occurs in the list. 

Articles 10  

This  provision  of  Article  10  sets  out  the  specific  conditions  of  admission  for  third-country 
national students, similar to those already found in the Students Directive. 

Articles 11, 12, 13 and 14 

These provisions set out the specific conditions of admission for third-country national school 
pupils, remunerated and unremunerated trainees, volunteers and au-pairs, who need to show 
evidence of the organisation that is responsible for their exchange, training or, volunteering. 
Whereas  school  pupils,  unremunerated  trainees  and  volunteers  were  already  included  in 
Directive 2004/114/EC on an optional basis, remunerated trainees is an entirely new group of 
third-country nationals to be covered. The same applies to au-pairs. These two latter groups 
share  similar  characteristics  with  those  already  addressed  by  EU  law.  Both  groups  benefit 
from  increased  levels  of  protection.  For  au-pairs  to  be  admitted  there  needs  to  be  evidence 
that  the  host  family  accepts  responsibility  for  example  as  far  as  subsistence  and 
accommodation  are  concerned.  The  au-pair  stay  also  needs  to  be  based  on  an  agreement 
between  the  au-pair  and  the  host  family  defining  his/her  rights  and  obligations.  For 
remunerated  trainees  the  training  programme,  its  duration,  conditions  of  supervision  and 
working  conditions  need  to  be  specified.  In  order  to  avoid  situations  in  which  trainees  are 
used as 'cheap labour', the host entity may be obliged to declare that the third-country national 
is not filling a job. 

CHAPTER III - AUTHORISATIONS AND DURATION OF RESIDENCE 

Articles 15, 16 and 17 

These  provisions  set  out  the  information  that  should  be  included  on  the  third-country 
national's  residence  permit  or  long-term  visa.  Article  16  specifies  that  for  researchers  and 
students  an  authorisation  should  be  granted  for  at  least  one  year.  For  all  other  groups  the 
authorisation is limited to one year as a rule, with the possibility for exceptions. This is in line 
with  the  durations  applied  under  Directives  2005/71  and  2004/114.  Furthermore,  Article  17 
enables  Member  States  to  provide  additional  information  on  the  full  lists  of  Member  States 
where the third country national students or researchers intend go. 

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CHAPTER  IV  -  GROUNDS  FOR  REFUSAL,  WITHDRAWAL  OR  NON-RENEWAL  OF 
AUTHORISATIONS 

Articles 18, 19 and 20 

These provisions lay down the mandatory and possible grounds for refusing, withdrawing or 
not  renewing  an  authorisation,  such  as  the  general  and  specific  conditions  for  admission  no 
longer  being  met,  false  documents  etc.,  which  are  standard  conditions  under  the  existing 
migration Directives. 

CHAPTER V-RIGHTS 

This proposal introduces a specific chapter on rights for all groups covered by the proposal. 

Article 21 

In order to ensure the fair treatment of third-country nationals falling under the scope of the 
Directive, this provision entitles them to equal treatment under the Single Permit Directive13. 
More favourable rights to equal treatment with nationals of the host Member State as regards 
branches  of  social  security  as  defined  in  Regulation  No  883/2004  on  the  coordination  of 
social  security  schemes  are  maintained  for  third-country  national  researchers,  without  the 
possibility  for  the  limitations  laid  down  by  the  Single  Permit  Directive.  Furthermore,  third-
country national school pupils, volunteers, unremunerated trainees and au-pairs will benefit of 
equal treatment rights with nationals of the host Member State as regards access to goods and 
services and the supply of goods and services made available to the public independently on 
whether Union or national law gives them access to the labour market . 

Articles 22 and 23 

Under these provisions third country national researchers and students are given the right to 
work, with Member States being able to set certain limits. Researchers, as was the case under 
Directive  2005/71,  are  allowed  to  teach  in  accordance  with  national  legislation.  Regarding 
students,  whereas  under  Directive  2004/114/EC  students  were  allowed  to  work  for  a 
minimum of 10 hours per week, this period has been increased to 20 hours. With respect to 
students' access to economic activities, Member States may continue take into consideration 
their  labour  market  situation  but  this  should  be  done  in  a  proportionate  way  in  order  not  to 
systematically endanger the right to work14. 

Article 24 

Article  24  introduces  the  possibility  for  students  and  researchers,  if  they  fulfil  the  general 
admission conditions of the proposal (except for the condition on being a minor), to stay in 
the Member State for 12 months upon finalization of their studies/research in order to look for 
work or set up a business. A number of Member States already provide for this possibility but 
the amount of time may differ. The possibility to remain in the relevant Member State appears 
to  be  an  important  factor  when  third-country  national  students/researchers  choose  their 
country of destination. This provision thus has the potential to make the Member States more 
competitive in the search for talents on a global stage. This is an issue of common interest in 
the context of a declining working-age population and future skills needs and would be in line 
with  the  Entrepreneurship  2020  Action  Plan15.  It  would  however  not  be  an  automatic  work 

13 

14 
15 

Directive 2011/98/EU of the European Parliament and of the council of 13 December 2011 on a single 
application procedure for a single permit for third-country nationals to reside and work in the territory 
of  a  Member  State  and  on  a  common  set  of  rights  for  third-country  workers  legally  residing  in  a 
Member State, OJ L 343 of 23.12.2011 
Case C-508/10, judgment 26.4.2012 
COM(2012)795 

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permit, but Member States, could still apply the relevant authorization procedures. In a period 
of more than 3 and less than 6 months, Member States could ask the third-country nationals to 
provide documentation that they are genuinely seeking for a job (for example, copies of the 
letters  and  CVs  sent  to  employers)  or  are  in  the  process  of  setting  up  a  business.  After  6 
months,  they  could  also  ask  third-  country  nationals  to  provide  evidence  that  they  have  a 
genuine chance of being engaged or of launching a business.  

Article 25 

This Article includes specific provisions on the admission and access to the labour market of 
researchers'  family  members  in  derogation  to  Directive  2003/86/EC  with  a  view  to  increase 
the EU attractiveness to third-country national researchers. Whether or not family members of 
researchers can have immediate access to the Member State concerned as well as to the labour 
market can play a role in the researcher's decision to be mobile or not. 

CHAPTER VI-MOBILITY BETWEEN MEMBER STATES 

Articles 26 and 27  

These Articles set out the conditions under which researchers, students and trainees can move 
between  the  Member  States,  in  order  to  facilitate  such  mobility.  For  researchers,  under 
Directive  2005/71/EC,  the  period  for  which  they  are  allowed  to  move  to  a  second  Member 
State  on  the  basis  of  the  hosting  agreement  concluded  in  the  first  Member  State  has  been 
extended from 3 to 6 months. For students, provisions were introduced in the new proposal 
that also allow them to move to a second Member State for a period of up to 6 months on the 
basis  of  the  authorisation  granted  by  the  first  Member  State.  Specific  rules  apply  to  third-
country  nationals  who  come  under  EU  mobility  programmes,  for  example  the  current 
Erasmus Mundus or Marie Curie programmes, in order to simplify the exercise of mobility. 
This  will  limit  situations  in  which  third-country  nationals  who  qualify  for  scholarships  of 
fellowships  under  EU  mobility  programmes  cannot  take  them  up  as  they  cannot  enter  the 
territory of the Member State concerned. 

Article 28 

In line with the provisions of the Blue Card Directive, researchers' family members can move 
between Member States together with the researcher. 

CHAPTER VII- PROCEDURE AND TRANSPARENCY 

Article 29 

This provision introduces a time-limit that obliges Member States to decide on the complete 
application for an authorisation and notify the applicant in writing within 60 days (applying 
for all groups), and within 30 days for Union programmes including mobility measures such 
as Erasmus Mundus and Marie Curie fellows. The current legal framework does not specify 
any  time  limit.  Procedural  guarantees  include  the  possibility  of  a  legal  challenge  against  a 
decision rejecting an application as well as the requirement for the authorities to give reasons 
for such decisions in writing, and ensuring respect for the right to a legal remedy. 

Articles 30 and 31 

Recognising  that  availability  of  information  is  crucial  for  achieving  the  objectives  of  this 
proposal. Article 30 requires the Member States to make  information available on the  entry 
and residence conditions as set by this proposal, including on approved research organisations 
and  on  fees.  In  line  with  existing  migration  Directives,  Article  31  explicitly  states  that 
Member  States  may  charge  fees  for  the  processing  of  applications.  In  addition,  in  line  with 

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recent  case-law  by  the  European  Court  of  Justice16,  Article  31  introduces  a  provision 
indicating that the amount of such fees should not endanger the fulfilment of the Directive's 
objectives. 

CHAPTER VIII - FINAL PROVISIONS 

Articles 32 to 38 

Article  32  requires  the  Member  States  to  establish  national  contact  points  to  exchange 
information on third-country nationals covered by the proposal who move between Member 
States.  Such  national  contact  points  already  exist  in  relation  to  certain  existing  migration 
Directives  such  as  the  Blue  Card  Directive  and  have  proved  to  be  an  efficient  mechanism 
allowing technical communication between the Member States. 

Article 33 

This  provision  requires  the  Member  States  to  communicate  to  the  Commission  statistics  on 
the  numbers  of  third-country  nationals  granted  authorisations  under  this  proposal,  in 
accordance  with  Regulation  No  862/2007,  with  the  possibility  for  additional  statistics  to  be 
requested by the Commission. 

Article 36 

This provision provides that the proposal formally repeals the existing Directives 2005/71/EC 
and 2004/114/EC on third-country national researchers and students. 

The  remaining  provisions  (Articles  34,  35,  37  and  38)  are  standard  final  provisions  dealing 
with reporting, transposition, entry into force and addresses of the Directive. 

16 

Case C-508/10, judgement 26.4.2012 

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(cid:208) 2004/114/EC, 
(adapted) 
(cid:214) new 
2013/0081 (COD) 

2005/71/EC 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the conditions of admission (cid:214) entry and residence  of third-country nationals for 
the purposes of ⌦ research, ⌫ studies, pupil exchange, (cid:214) remunerated and  
unremunerated training or, voluntary service (cid:214) and au pairing  

on a specific procedure for admitting third-country nationals for the purposes of 
scientific research 

[RECAST] 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty ⌦ on  the  Functioning  of  the  European  Union ⌫  establishing 
the  European  Community,  and  in  particular  points  (3)  (a)  ⌦ and  (b) ⌫  (4)(b)of  the  first 
subparagraph of Article 63 ⌦ 79(2) ⌫ thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the Opinion of the European Economic and Social Committee, 

Having regard to the Opinion of the Committee of the Regions, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(cid:216) new 

(1) 

A  number  of  amendements  are  to  be  made  to  Council  Directive  2004/114/EC  of  13 
December  2004  on  the  conditions  of  admission  of  third-country  nationals  for  the 
purposes of studies, pupil exchange, unremunerated training or voluntary service17 and 
Council  Directive  2005/71/EC  of  12 October  2005  on  a  specific  procedure  for 
admitting  third-country  nationals  for  the  purposes  of  scientific  research18.  In  the 
interests of clarity, those Directives should be recast. 

17 
18 

OJ L 375, 23.12.2004, p. 12. 
OJ L 289, 3.11.2005, p. 15. 

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(2) 

(3) 

(4) 

This Directive should respond to the need identified in the implentation reports of the 
two  Directives19  to  remedy  the  identified  weaknesses,  and  to  offer  a  coherent  legal 
framework  for  different  groups  coming  to  the  Union  from  third  countries.  It  should 
therefore simplify and streamline the existing provisions for the different groups in a 
single  instrument.  Despite  differences  between  the  groups  covered  by  this  Directive, 
they  also  share  a  number  of  characteristics  which  makes  it  possible  to  address  them 
through a common legal framework at Union level. 

This  Directive  should  contribute  to  the  Stockholm  Programme's  aim  to  approximate 
national  legislation  on  the  conditions  for  entry  and  residence  of  third-country 
nationals. Immigration from outside the Union is one source of highly skilled people, 
and in particular students and researchers are increasingly sought after. They play an 
important  role  to  form  the  Union's  key  asset  –  human  capital  -  in  ensuring  smart, 
sustainable  and  inclusive  growth,  and  therefore  contribute  to  the  achievement  of  the 
objectives of the Europe 2020 Strategy. 

The  shortcomings  highlighted  in  the  implementation  reports  of  the  two  Directives 
concern mainly admission conditions, rights, procedural safeguards, students' access to 
the labour market during studies, intra-Union mobility provisions as well as a lack of 
harmonization,  as  coverage  of  some  groups,  such  as  volunteers,  school  pupils  and 
unremunerated  trainees  was  left  optional  to  Member  States.  Subsequent  wider 
consultations  have  also  pointed  to  the  need  for  better  job-seeking  possibilities  for 
researchers  and  students  and  better  protection  of  au-pairs  and  remunerated  trainees 
which are not covered by the current instruments. 

(5) 

For  the  gradual  establishment  of  an  area of freedom, security and justice,  the Treaty 
provides  for  measures  to  be  adopted  in  the  fields  of  asylum,  immigration  and  the 
protection of the rights of third-country nationals. 

(cid:208) 2004/114/EC recital 1 

The Treaty provides that the Council is to adopt measures on immigration policy relating to 
conditions of entry and residence, and standards on procedures for the issue by Member States 
of long-term visas and residence permits.  

(cid:208) 2004/114/EC recital 2 (adapted) 

At  its  special  meeting  at  Tampere  on  15  and  16  October  1999,  the  European  Council 
acknowledged  the  need  for  approximation  of  national  legislation  on  the  conditions  for 
admission  and  residence  of  third-country  nationals  and  asked  the  Council  to  rapidly  adopt 
decisions on the basis of proposals by the Commission.  

(cid:208) 2004/114/EC recital 3 (adapted) 

19 

COM(2011) 587 final and COM(2011) 901 final 

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(cid:216) new 

(6) 

This Directive should also aim at fostering people-to-people contacts and mobility, as 
important  elements  of  the  Union’s  external  policy,  notably  vis-à-vis  the  countries  of 
the European Neighbourhood Policy or the Union’s strategic partners. It should allow 
for  a  better  contribution  to  the  Global  Approach  to  Migration  and  Mobility  and  its 
Mobility Partnerships which offer a concrete framework for dialogue and cooperation 
between  the  Member  States  and  third  countries,  including  in  facilitating  and 
organizing legal migration. 

(cid:208) 2004/114/EC recital 6 (adapted) 

One of the objectives of Community action in the field of education is to promote Europe as a 
whole  as  a  world  centre  of  excellence  for  studies  and  vocational  training.  Promoting  the 
mobility of third-country nationals to the Community for the purpose of studies is a key factor 
in that strategy. The approximation of the Member States' national legislation on conditions of 
entry and residence is part of this. 

(cid:208) 2004/114/EC recital 7 (adapted) 
(cid:214) new 

(7)  Migration for the purposes set out in this Directive is by definition temporary and does 
not depend on the labour-market situation in the host country,. (cid:214) should promote the 
generation and acquisition of knowledge and skills.  ⌦ It ⌫ constitutes a form of 
mutual  enrichment  for  the  migrants  concerned,  their  country  of  origin  and  the  host 
Member State and helps to promote better familiarity among cultures.  

(cid:216) new 

(8) 

This  Directive  should  promote  the  Union  as  an  attractive  location  for  research  and 
innovation  and  advance  the  Union  in  the  global  competition  for  talent.  Opening  the 
Union up to third-country nationals who may be admitted for the purposes of research 
is also part of the Innovation Union flagship initiative. Creating an open labour market 
for Union researchers and for researchers from third countries was also affirmed as a 
key aim of the European Research Area (ERA), a unified area, in which researchers, 
scientific knowldedge and technology circulate freely.  

This  Directive  is  intended  to  contribute  to  achieving  these  goals  by  fostering  the  admission 
and  mobility  for  research  purposes  of  third-country  nationals  for  stays  of  more  than  three 
months,  in  order  to  make  the  Community  more  attractive  to  researchers  from  around  the 
world and to boost its position as an international centre for research. 

(cid:208) 2005/71/EC recital 5 (adapted) 

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The  new  Community  rules  are  based  on  definitions  of  student,  trainee,  educational 
establishment  and  volunteer  already  in  use  in  Community  law,  in  particular  in  the  various 
Community programmes to promote the mobility of the relevant persons (Socrates, European 
Voluntary Service etc.). 

(cid:208) 2004/114/EC recital 9 (adapted) 

(cid:208) 2004/114/EC recital 11 

Third-country nationals who fall into the categories of unremunerated trainees and volunteers 
and  who  are  considered,  by  virtue  of  their  activities  or  the  kind  of  compensation  or 
remuneration received, as workers under national legislation are not covered by this Directive. 
The admission of third-country nationals who intend to carry out specialisation studies in the 
field of medicine should be determined by the Member States. 

(cid:208) 2005/71/EC  recitals  11,  13  and 
14 (adapted) 
(cid:214) new 

(9) 

in  accordance  with  national 

It is appropriate to facilitate the admission of researchers by establishing (cid:214) through  
an  admission  procedure  which  does  not  depend  on  their  legal  relationship  with  the 
host research organisation and by no longer requiring a work permit in addition to a 
residence  permit  (cid:214) or  a  long-stay  visa   .  Member  States  could  apply  similar  rules 
for  third-country  nationals  requesting  admission  for  the  purposes  of  teaching  in  a 
higher  education  establishment 
legislation  or 
administrative practice, in the context of a research project. The ⌦ This ⌫ specific 
admission  procedure  for  researchers  should  be  based  on  collaboration  between  the 
research organisations and the immigration authorities in the Member States. It should 
give the former a key role in the admission procedure with a view to facilitating and 
speeding  up  the  entry  and  residence  of  third-country  researchers  in  the  Community 
⌦ Union ⌫  while  preserving  Member  States’  prerogatives  with  respect  to 
immigration  policing  ⌦ policy ⌫.  Research  organisations  approved  in  advance  by 
the  Member  States  should  be  able  to  sign  a  hosting  agreement  with  a  third-country 
national  for  the  purposes  of  carrying  out  a  research  project.  Member  States  should 
issue a residence permit (cid:214) an authorisation  on the basis of the hosting agreement if 
the conditions for entry and residence are met. 

(cid:208) 2005/71/EC recital 9 (adapted) 

(10)  As the effort to be made to achieve the said 3 % target ⌦ of investing 3 % of GDP in 
research ⌫  largely  concerns  the  private  sector,  which  must  therefore  recruit  more 
researchers in the years to come, the research organisations potentially eligible ⌦ that 
can be approved ⌫ under this Directive ⌦ should ⌫ belong to either the public or 
private sectors. 

EN 

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(cid:208) 2005/71/EC recital 15 (adapted) 
(cid:214) new 

(11) 

In  order  to  make  the  Community  ⌦ Union ⌫  more  attractive  to  ⌦ for ⌫  third-
country ⌦ national ⌫ researchers,  (cid:214) family  members  of  researchers,  as  defined  in 
Council  Directive  2003/86/EC  of  22  September  2003  on  the  right  to  family 
reunification20,  they should be granted, during their stay, equal social and economic 
rights with nationals of the host Member State in a number of areas and the possibility 
to  teach  in  higher  education  establishments  (cid:214) should  be  admitted  with  them.  They 
should benefit from intra- Union mobility provisions and they should also have access 
to the labour market . 

(12)  Where  appropriate,  Member  States  should  be  encouraged  to  treat  PhD  candidates  as 

researchers. 

(cid:216) new 

(cid:208) 2005/71/EC recital 6 (adapted) 

(13) 

Implementation of this Directive should not encourage a brain drain from emerging or 
developing countries. Back-upMeasures to support researchers’ reintegration into their 
countries  of  origin  as  well  as  the  movement  of  researchers  should  be  taken  in 
partnership  with  the  countries  of  origin  with  a  view  to establishing  a  comprehensive 
migration policy. 

(cid:216) new 

(14) 

In order to promote Europe as a whole as a world centre of excellence for studies and 
training,  the  conditions  for  entry  and  residence  of  those  who  wish  to  come  to  the 
Union for these purposes should be improved. This is in line with the objectives of the 
Agenda  for  the  modernisation  of  Europe's  higher  education  systems21,  in  particular 
within  the  context  of  the  internationalisation  of  European  higher  education.  The 
approximation  of  the  Member  States'  relevant  national  legislation  is  part  of  this 
endeavour. 

(cid:216) new 

(15)  The  extension  and  deepening  of  the  Bologna  process  launched  through  the  Bologna 
Declaration22  has  led  to  the  progressive  convergence  of  higher  education  systems  in 
participating countries but also beyond them. This is because national authorities have 
supported  the  mobility  of  students  and  academic  staff,  and  higher  education 
establishments have integrated it in their curricula. This needs to be reflected through 

20 
21 
22 

OJ L 251, 3.10.2003, p. 12. 
COM(2011) 567 final 
Joint declaration of the European Ministers of Education of 19 June 1999 

EN 

19 

   EN 

 
 
 
 
 
                                                 
improved  intra-Union  mobility  provisions  for  students.  Making  European  higher 
education  attractive  and  competitive  is  one  of  the  objectives  of  the  Bologna 
declaration.  The  Bologna  process  led  to  the  establishment  of  the  European  Higher 
Education Area. Streamlining the European higher education sector has made it more 
attractive for students who are third-country nationals to study in Europe. 

(16)  The duration and other conditions of preparatory courses for students covered by this 
Directive  should  be  determined  by  Member  States  in  accordance  with  their  national 
legislation. 

(cid:208) 2004/114/EC recital 10 

(17)  Evidence  of  acceptance  of  a  student  by  an  establishment  of  higher  education  could 

include, among other possibilities, a letter or certificate confirming his/her enrolment. 

(cid:208) 2004/114/EC recital 12 

(18)  Fellowships  may  (cid:214) should   be  taken  into  account  in  assessing  the  availability  of 

sufficient resources. 

(cid:208) 2004/114/EC recital 13 
(cid:214) new 

(cid:216) new 

(19)  Whilst  Member  States  had  discretion  on  whether  or  not  to  apply  Directive 
2004/114/EC  to  school  pupils,  volunteers  and  unremunerated  trainees,  these  groups 
should fall now within the scope of this Directive in order to facilitate their entry and 
residence  and  ensure  their  rights.  This  Directive  should  also  apply  to  au-pairs  and 
remunerated trainees, in order to ensure their legal rights and protection.  

(20)  Remunerated  trainees  who  come  to  work  in  the  Union  in  the  context  of  an  intra-
corporate transfer should not be covered by this Directive, as they fall under the scope 
of [Directive 2013/xx/EU on intra-corporate transfers]. 

(21)  As  currently  at  Union  level  there  is  no  legal  framework  regarding  third-country 
national  au-pairs  to  ensure  their  fair  treatment,  provisions  should  be  introduced  to 
address their specific needs as a particularly vulnerable group. This Directive should 
foresee conditions to be fulfilled by both the au-pair and the host family, in particular 
as  regards  the  agreement  between  them  which  should  include  elements  such  as  the 
pocket money to be received23. 

(22)  Once all the general and specific conditions for admission are fulfilled, Member States 
should  issue  an  authorisation,  i.e.  a  long  stay  visa  and/or  residence  permit,  within 
specified time limits. If a Member State issues a residence permit on its territory only 

23 

Council of Europe European Agreement on "au pair" Placement, Article 8 

EN 

20 

   EN 

 
 
 
 
                                                 
and all the conditions of this Directive relating to admission are fulfilled, the Member 
State should grant the third-country national concerned the requisite visas. 

(23)  Authorisations should mention the status of the third-country national concerned, and 
the  respective  Union  programmes  including  mobility  measures.  Member  States  may 
indicate  additional  information  in  paper  format  or  electronically,  provided  this  does 
not amount to additional conditions. 

(24)  The different periods of duration regarding authorisations under this Directive should 

reflect the specific nature of the stay of each group. 

(25)  Member  States  may  charge  applicants  for  processing  applications  for  authorisations. 

The fees should be proportionate to the purpose of the stay. 

(26)  The rights granted to third-country nationals under this Directive should not depend on 
whether the authorisation is in the form of a long stay visa or a residence permit. 

(27)  The term admission covers the entry and residence of third-country nationals (cid:214) to and 

in a Member State,  for the purposes set out in this Directive. 

(cid:208) 2004/114/EC recital 8 
(cid:214) new 

(cid:208) 2004/114/EC 
(adapted) 
(cid:214) new 

recital 

14 

(28)  Admission may be refused on duly justified grounds. In particular, admission could be 
refused  if  a  Member  State  considers,  based  on  an  assessment  of  the  facts,  (cid:214) in  an 
individual  case,   that  the  third-country  national  concerned  is  a  potential  threat  to 
public  policy  or,  public  security  (cid:214) or  public  health  .  The  notion  of  public  policy 
may  cover  a  conviction  for  committing  a  serious  crime.  In  this  context  it  has  to  be 
noted that the notions of public policy and public security also cover cases in which a 
third-country  national  belongs  or  has  belonged  to  an  association  which  supports 
terrorism, supports or has supported such an association, or has or has had extremist 
aspirations. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

15 

(29) 

In case of doubts concerning the grounds of the application of ⌦ for ⌫ admission, 
Member  States  should  be  able  to  require  all  the  evidence  necessary  to  assess  its 
coherence,  in  particular  on  the  basis  of  the  applicant's  proposed  ⌦ intended ⌫ 
studies ⌦ or training ⌫ , in order to fight against abuse and misuse of the procedure 
set out in this Directive. 

EN 

21 

   EN 

 
 
 
(cid:216) new 

(30)  National authorities should inform third-country nationals who apply for admission to 
the Member States under this Directive of a decision on the application. They should 
do  so  in  writing  as  soon  as  possible  and,  at  the  latest  within  60  days,  or,  as  soon  as 
possible  and  at  the  latest  within  30  days  in  the  case  of  researchers  and  students 
covered by Union programmes including mobility measures, starting from the date of 
the application. 

(cid:208) 2004/114/EC 
(adapted) 
(cid:214) new 

recital 

16 

(31)  The  ⌦ intra-Union ⌫  mobility  of  students  who  are  third-country  ⌦ national 
researchers, students and remunerated trainees ⌫ studying in several Member States 
should be facilitated, as must the admission of third-country nationals participating in 
Community programmes to promote mobility within and towards the Community for 
the purposes set out in this Directive. (cid:214) For researchers, this Directive should improve 
the rules relating to the period for which the authorisation granted by the first Member 
State  should  cover  stays  in  a  second  Member  State  without  requiring  a  new  hosting 
agreement. Improvements should be made regarding the situation of students, and the 
new  group  of  remunerated  trainees,  by  allowing  them  to  stay  in  a  second  Member 
State  for  periods  lasting  between  three  and  six  months,  provided  that  they  fulfil  the 
general  conditions  laid  down  in  this  Directive. For  third-country  national  trainees 
coming  to  the  Union  as  intra-corporate  transferees,  specific  intra-Union  mobility 
provisions  designed  according  to  the  nature  of  their  transfer  should  apply  in 
accordance with [Directive 2013/xx/EU on intra-corporate transfers]. 

(cid:216) new 

(32)  Union immigration rules and Union programmes including mobility measures should 
complement each other more. Third-country national researchers and students covered 
by such Union programmes should be entitled to move to the Member States foreseen 
on the basis of the authorisation granted by the first Member State, as long as the full 
list  of  those  Member  States  is  known  before  entry  into  the  Union.  Such  an 
authorisation should allow them to exercise mobility without the need to provide any 
additional  information  or  to  complete  any  other  application  procedures.  Member 
States  are  encouraged  to  facilitate  the  intra-Union  mobility  of  third-country  national 
volunteers where volunteering programmes cover more than one Member State. 

(33) 

In  order  to  allow  ⌦ third-country  national ⌫  students  who  are  third-country 
nationals  to  (cid:214) better   cover  part  of  the  cost  of  their  studies,  they  should  be  given 

(cid:208) 2004/114/EC 
(adapted) 
(cid:214) new 

recital 

18 

EN 

22 

   EN 

 
 
 
 
(cid:214) increased   access  to  the  labour  market  under  the  conditions  set  out  in  this 
Directive(cid:214) , meaning a minimum of 20 hours per week . The principle of access for 
students to the labour market under the conditions set out in this Directive should be a 
general rule. However, in exceptional circumstances Member States should be able to 
take into account the situation of their national labour markets (cid:214) , although this must 
not risk entirely negating the right to work  . 

(cid:216) new 

(34)  As part of the drive to ensure a well-qualified workforce for the future, Member States 
should allow students who graduate in the Union to remain on their territory with the 
intention  to  identify  work  opportunities  or  to  set  up  a  business  for  12  months  after 
expiry of the initial authorisation. . They should also allow researchers to do so upon 
completion of their research project as defined in the hosting agreement. This should 
not  amount  to  an  automatic  right  of  access  to  the  labour  market  or  to  set  up  a 
business.They may be requested to provide evidence in accordance with Article 24.  

(35)  The  provisions  of  this  Directive  are  without  prejudice  to  the  competence  of  the 
Member States to regulate the volumes of admission of third-country nationals for the 
purpose of work. 

(36)  To  make  the  Union  more  attractive  for  third-country  national  researchers,  students, 
pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in 
accordance with Article 79 of the Treaty. These groups are entitled to equal treatment 
with nationals of the host Member State under Directive 2011/98/EU of the European 
Parliament and of the Council of 13 December 2011 on a single application procedure 
for a single permit for third-country nationals to reside and work in the territory of a 
Member  State  and  on  a  common  set  of  rights  for  third-country  workers  legally 
residing in a Member State24. More favourable rights to equal treatment with nationals 
of  the  host  Member  State  as  regards  branches  of  social  security  as  defined  in 
Regulation  No  883/2004  on  the  coordination  of  social  security  schemes  should  be 
maintained  for  third-country  national  researchers,  in  addition  to  the  rights  granted 
under  Directive  2011/98/EU.  Currently  the  latter  foresees  a  possibility  for  Member 
States  to  limit  equal  treatment  with  regard  to  branches  of  social  security,  including 
family benefits, and this possibility of limitation could affect researchers. In addition, 
independently on whether Union or national law of the host Member State gives third-
country national school pupils, volunteers, unremunerated trainees and au-pairs access 
to  the  labour  market,  they  should  enjoy  equal  treatment  rights  with  nationals  of  the 
host  Member  State  as  regards  access  to  goods  and  services  and  the  supply  of  goods 
and services made available to the public. 

(37)  This  Directive  should  not  in  any  circumstances  affect  the  application  of  Council 
Regulation  (EC)  No  1030/2002  of  13  June  2002  laying  down  a  uniform  format  for 
residence permits for third-country nationals25. 

(cid:208) 2004/114/EC recital 23 

24 
25 

OJ L 343, 23.12.2011, p. 1. 
OJ L 157, 15.6.2002, p. 1. 

EN 

23 

   EN 

 
 
                                                 
This Directive should not affect in any circumstances the application of Council Regulation 
(EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for 
third-country nationals26. 

(cid:208) 2005/71/EC recital 22 (adapted) 

(38)  This Directive respects the fundamental rights and observes the principles recognised 
by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  (cid:214),  as  referred  to  in 
Article 6 of the Treaty on European Union . 

(cid:208) 2004/114/EC recital 4 (adapted) 
(cid:214) new 

This  Directive  respects  the  fundamental  rights  and  observes  the  principles  recognised  in 
particular by the Charter of Fundamental Rights of the European Union. 

(cid:208) 2005/71/EC recital 25 (adapted) 

(39)  The  Member  States  should  give  effect  to  the  provisions  of  this  Directive  without 
discrimination  on  the  basis  of  sex,  race,  colour,  ethnic  or  social  origin,  genetic 
features, language, religion or belief, political or any other opinions, membership of a 
national minority, property, birth, disability, age or sexual orientation. 

(cid:208) 2004/114/EC recital 5 

Member States should give effect to the provisions of this Directive without discrimination on 
the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion 
or  beliefs,  political  or  other  opinions,  membership  of  a  national  minority,  fortune,  birth, 
disabilities, age or sexual orientation. 

(cid:208) 2005/71/EC recital 24 (adapted) 

(cid:216) new 

(40) 

In  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission  on  explanatory  documents  of  28  September  2011,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

26 

OJ L 157, 15.6.2002, p. 1. 

EN 

24 

   EN 

 
 
 
 
 
 
                                                 
(cid:208) 2004/114/EC 
(adapted) 
(cid:214) new 

recital 

24 

(41)  Since the objective of this Directive, namely to determine the conditions of admission 
⌦  entry  and  residence  ⌫  of  third-country  nationals  for  the  purposes  of 
⌦ research ⌫  study,  pupil  exchange,  unremunerated  (cid:214) or  remunerated   training, 
voluntary service (cid:214) or au pairing , cannot be sufficiently achieved by the Member 
States  and  can,  by  reason  of  its  scale  or  effects,  be  better  achieved  at  Community 
⌦ Union ⌫ level, the Community ⌦ Union ⌫ may adopt measures, in accordance 
with  the  principle  of  subsidiarity  as  set  out in Article 5 of the Treaty. In accordance 
with the principle of proportionality as set out in that article, this Directive does not go 
beyond what is necessary to achieve that objective. 

(cid:208) 2005/71/EC recital 23 (adapted) 

The objectives of this Directive, namely the introduction of a special admission procedure and 
the  adoption  of  conditions  of  entry  and  residence  applicable  to  third-country  nationals  for 
stays  of  more  than  three  months  in  the  Member  States  for  the  purposes  of  conducting  a 
research  project  under  a  hosting  agreement  with  a  research  organisation,  cannot  be 
sufficiently achieved by the Member States, especially as regards ensuring mobility between 
Member States, and can therefore be better achieved by the Community. The Community is 
therefore entitled to take measures in accordance with the subsidiarity principle laid down in 
Article 5  of  the  Treaty.  In  accordance  with  the  principle  of  proportionality  set  out  in  that 
article, this Directive does not go beyond what is necessary to achieve those objectives. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

22 

(42)  Each  Member  State  should  ensure  that  the  fullest  possible  set  of  regularly  updated 
information is made available to the general public, notably on the Internet, ⌦ about 
the  research  organisations,  approved  under  this  Directive,  with  which  researchers 
could  conclude  a  hosting  agreement,  and  on  the  conditions  and  procedures  for  entry 
into and residence on its territory for the purposes of carrying out research, as adopted 
under this Directive as well ⌫ as regards ⌦ information about ⌫ the establishments 
defined  in  this  Directive,  courses  of  study  to  which  third-country  nationals  may  be 
admitted  and  the  conditions  and  procedures  for  entry  ⌦ into  ⌫  and  residence  in 
⌦ on ⌫ its territory for those purposes. 

(cid:208) 2005/71/EC recital 10 (adapted) 

Each  Member  State  should  ensure  that  the  most  comprehensive  information  possible, 
regularly  kept  up  to  date,  is  made  publicly  available,  via  the  Internet  in  particular,  on  the 
research organisations, approved under this Directive, with which researchers could conclude 
a  hosting  agreement,  and  on  the  conditions  and  procedures  for  entry  and  residence  on  its 
territory for the purposes of carrying out research, as adopted under this Directive. 

EN 

25 

   EN 

 
 
 
 
(cid:208) 2005/71/EC recital 28 (adapted) 

(43) 

[In accordance with Articles 1 and 2 of the Protocol ⌦ No 21 ⌫ on the position of 
the United Kingdom and Ireland ⌦ in respect of the Area of Freedom, Security and 
Justice ⌫  ,  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  ⌦ on  the 
Functioning  of  the  European  Union ⌫  establishing  the  European  Community,  and 
without  prejudice  to  Article 4  of  the  said  Protocol,  the  United  Kingdom  is  not 
participating  ⌦ those  Member  States  are  not  taking  part ⌫  in  the  adoption  of  this 
Directive and is ⌦ are ⌫ not bound by it or subject to its application.] 

(cid:208) 2005/71/EC recital 29 (adapted) 

(44) 

In  accordance  with  Articles 1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  ⌦ on  the 
Functioning  of ⌫  the  European  ⌦ Union ⌫  Community,  Denmark  does  not  take 
part  in  the  adoption  of  this  Directive,  and  is  not  bound  by  it  or  subject  to  its 
application,. 

In order to allow initial entry into their territory, Member States should be able to issue in a 
timely  manner  a  residence  permit  or,  if  they  issue  residence  permits  exclusively  on  their 
territory, a visa. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

17 

The notion of prior authorisation includes the granting of work permits to students who wish 
to exercise an economic activity. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

19 

This Directive does not affect national legislation in the area of part-time work. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

20 

Provision should be made for fast-track admission procedures for study purposes or for pupil 
exchange schemes operated by recognised organisations in the Member States. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

21 

EN 

26 

   EN 

 
 
 
 
 
 
(cid:208) 2004/114/EC 
(adapted) 

recital 

25 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and  Ireland,  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the 
European Community, and without prejudice to Article 4 of the said Protocol, these Member 
States are not taking part in the adoption of this Directive and are not bound by it or subject to 
its application. 

(cid:208) 2004/114/EC 
(adapted) 

recital 

26 

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to 
the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European  Community, 
Denmark is not taking part in the adoption of this Directive and is not bound by it or subject 
to its application, 

With  a  view  to  consolidating  and  giving  structure  to  European  research  policy,  the 
Commission considered it necessary in January 2000 to establish the European Research Area 
as the lynchpin of the Community’s future action in this field. 

(cid:208) 2005/71/EC recital 1 (adapted) 

Endorsing the European Research Area, the Lisbon European Council in March 2000 set the 
Community  the  objective  of  becoming  the  most  competitive  and  dynamic  knowledge-based 
economy in the world by 2010. 

(cid:208) 2005/71/EC recital 2 (adapted) 

The globalisation of the economy calls for greater mobility of researchers, something which 
was  recognised  by  the  sixth  framework  programme  of  the  European  Community27,  when  it 
opened up its programmes further to researchers from outside the European Union. 

(cid:208) 2005/71/EC recital 3 (adapted) 

The number of researchers which the Community will need by 2010 to meet the target set by 
the  Barcelona  European  Council  in  March  2002  of  3 %  of  GDP  invested  in  research  is 

(cid:208) 2005/71/EC recital 4 (adapted) 

27 

Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning 
the sixth framework programme of the European Community for research, technological development 
and  demonstration  activities,  contributing  to  the  creation  of  the  European  Research  Area  and  to 
innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1). Decision amended by Decision No 786/2004/EC 
(OJ L 138, 30.4.2004, p. 7). 

EN 

27 

   EN 

 
 
 
 
 
 
                                                 
estimated at 700000. This target is to be met through a series of interlocking measures, such 
as  making  scientific  careers  more  attractive  to  young  people,  promoting  women’s 
involvement  in  scientific  research,  extending  the  opportunities  for  training  and  mobility  in 
research,  improving  career  prospects  for  researchers  in  the  Community  and  opening  up  the 
Community to third-country nationals who might be admitted for the purposes of research. 

Implementation  of  this  Directive  should  not  encourage  a  brain  drain  from  emerging  or 
developing  countries.  Back-up  measures  to  support  researchers’  reintegration  into  their 
countries of origin as well as the movement of researchers should be taken in partnership with 
the countries of origin with a view to establishing a comprehensive migration policy. 

(cid:208) 2005/71/EC recital 6 (adapted) 

For the achievement of the objectives of the Lisbon process it is also important to foster the 
mobility  within  the  Union  of  researchers  who  are  EU  citizens,  and  in  particular  researchers 
from  the  Member  States  which  acceded  in  2004,  for  the  purpose  of  carrying  out  scientific 
research. 

(cid:208) 2005/71/EC recital 7 (adapted) 

Given the openness imposed by changes in the world economy and the likely requirements to 
meet the 3 % of GDP target for investment in research, third-country researchers potentially 
eligible under this Directive should be defined broadly in accordance with their qualifications 
and the research project which they intend to carry out. 

(cid:208) 2005/71/EC recital 8 (adapted) 

(cid:208) 2005/71/EC recital 12 (adapted) 

At the same time, the traditional avenues of admission (such as employment and traineeship) 
should be maintained, especially for doctoral students carrying out research as students, who 
should  be  excluded  from  the  scope  of  this  Directive  and  are  covered  by  Council  Directive 
2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals 
for the purposes of studies, pupil exchange, unremunerated training or voluntary service28. 

(cid:208) 2005/71/EC recital 16 (adapted) 

This Directive adds a very important improvement in the field of social security as the non-
discrimination  principle  also  applies  directly  to  persons  coming  to  a  Member  State  directly 
from  a  third  country.  Nevertheless,  this  Directive  should  not  confer  more  rights  than  those 
already  provided  in  existing  Community  legislation  in  the  field  of  social  security  for  third-
country  nationals  who  have  cross-border  elements  between  Member  States.  This  Directive 

28 

OJ L 375, 23.12.2004, p. 12.   

EN 

28 

   EN 

 
 
 
 
 
                                                 
furthermore  should  not  grant  rights  in  relation  to  situations  which  lie  outside  the  scope  of 
Community legislation like for example family members residing in a third country. 

(cid:208) 2005/71/EC recital 17 (adapted) 

It  is  important  to  foster  the  mobility  of  third-country  nationals  admitted  for  the  purposes  of 
carrying  out  scientific  research  as  a  means  of  developing  and  consolidating  contacts  and 
networks between partners and establishing the role of the European Research Area at world 
level. Researchers should be able to exercise mobility under the conditions established by this 
Directive.  The  conditions  for  exercising  mobility  under  this  Directive  should  not  affect  the 
rules currently governing recognition of the validity of the travel documents. 

Special attention should be paid to the facilitation and support of the preservation of the unity 
of  family  members  of  the  researchers,  according  to  the  Council  Recommendation  of  12 
October  2005  to  facilitate  the  admission  of  third-country  nationals  to  carry  out  scientific 
research in the European Community29. 

(cid:208) 2005/71/EC recital 18 (adapted) 

In order to preserve family unity and to enable  mobility,  family  members  should  be  able  to 
join the researcher in another Member State under the conditions determined by the national 
law  of  such  Member  State,  including  its  obligations  arising  from  bilateral  or  multilateral 
agreements. 

(cid:208) 2005/71/EC recital 19 (adapted) 

Holders  of  residence  permits  should  be  in  principle  allowed  to  submit  an  application  for 
admission while remaining on the territory of the Member State concerned. 

(cid:208) 2005/71/EC recital 20 (adapted) 

Member States  should  have the right to charge applicants for the processing of applications 
for residence permits. 

(cid:208) 2005/71/EC recital 21 (adapted) 

In  accordance  with  paragraph 34  of  the  Interinstitutional  agreement  on  better  law-making, 
Member  States  will  be  encouraged  to  draw  up,  for  themselves  and  in  the  interest  of  the 
Community, their own tables, which will, as far as possible, illustrate the correlation between 
this Directive and the transposition measures, and to make them public. 

(cid:208) 2005/71/EC recital 26 (adapted) 

29 

See page 26 of this Official Journal. 

EN 

29 

   EN 

 
 
 
 
 
 
                                                 
 
In  accordance  with  Article 3  of  the  Protocol  on  the  position  of  the  United  Kingdom  and 
Ireland, annexed to the Treaty on European Union and the Treaty establishing the European 
Community, Ireland has given notice by letter of 1 July 2004 of its wish to participate in the 
adoption and application of this Directive. 

(cid:208) 2005/71/EC recital 27 (adapted) 

(cid:216) new 

(45)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  amendment  compared  to  the  earlier 
Directives.  The  obligation  to  transpose  the  provisions  which  are  unchanged  arises 
under the earlier Directives. 

(46)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  the  dates  of 
application of the Directives set out in Annex I, Part B, 

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Subject matter 

This Directive determines: 

(a)  the  conditions  for  admission  (cid:214)  of  entry  and  residence    of  third-country 
nationals to the territory of the Member States for a period exceeding three months 
(cid:214) 90  days   for  the  purposes  of  ⌦ research ⌫  ,  studies,  pupil  exchange, 
(cid:214) remunerated and  unremunerated training or , voluntary service (cid:214) au pairing  
; 

(b)  the  rules  concerning  the  procedures  for  admitting  third-country  nationals  to  the 
territory of the Member States for those purposes. 

(cid:216) new 

(b)  the  conditions  of  entry  and  residence  of  third-country  national  students  and 
remunerated trainees for a period exceeding 90 days in Member States other than the 
Member  State  which  first  grants  the  third-country  national  an  authorisation  on  the 
basis of this Directive; 

EN 

30 

   EN 

 
 
 
 
 
 
 
(c)  the  conditions  of  entry  and  residence  of  third-country  national  researchers  in  Member 
States  other  than  the  Member  State  which  first  grants  the  third-country  national  an 
authorisation on the basis of this Directive. 

(cid:208) 2005/71/EC (adapted) 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Purpose 

This Directive lays down the conditions for the admission of third-country researchers to the 
Member States for more than three months for the purposes of carrying out a research project 
under hosting agreements with research organisations. 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

Article 2 

Scope 

1. This Directive applies to third-country nationals who apply to be admitted to the territory of 
a  Member  State  for  the  purpose  of  ⌦ research ⌫  ,  studies,  ⌦ pupil  exchange, ⌫ 
(cid:214) remunerated or  ⌦ unremunerated training, voluntary service ⌫ (cid:214) or au pairing  . 

2. This Directive shall not apply to ⌦ third-country nationals ⌫ : 

(a)  third-country  nationals  residing  in  a  Member  State  as  asylum-seekers,  or  under 
subsidiary forms of protection, or under temporary protection schemes; 

(b) third-country nationals whose expulsion has been suspended for reasons of fact or 
of law; 

(c)  third-country  nationals  who  are  family  members  of  Union  citizens  who  have 
exercised their right to free movement within the Union; 

(d) third-country nationals who enjoy long-term resident status in a Member State in 
accordance with Council Directive 2003/109/EC30 and exercise their right to reside 
in another Member State in order to study or receive vocational training; 

(e)  third-country  nationals  considered  under  the  national legislation  of  the  Member 
State concerned as workers or self-employed persons. 

30 

OJ L 16, 23.1.2004, p. 44   

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
(cid:216) new 

(f)  who,  together  with  their  family  members,  and  irrespective  of  their  nationality, 
enjoy  rights  of  free  movement  equivalent  to  those  of  citizens  of  the  Union  under 
agreements either between the Union and the Member States or between the Union 
and third countries. 

(g) trainees who come to the Union in the context of an intra-corporate transfer under 
[Directive 2013/xx/EU on intra-corporate transfers]. 

(cid:208) 2004/114/EC (adapted) 

Article 3 

Definitions 

For the purposes of this Directive: 

(a)‘third-country  national’  means  any  ⌦ a ⌫  person  who  is  not  a  citizen  of  the 
Union within the meaning of Article 1720(1) of the Treaty; 

(cid:208) 2005/71/EC (adapted) 

Article 2 

Definitions 

For the purposes of this Directive: 

(a)‘third-country  national’  means  any  person  who  is  not  a  Union  citizen  within  the 
meaning of Article 17(1) of the Treaty; 

(cid:208) 2005/71/EC 

(b)  (d)‘researcher’  means  a  third-country  national  holding  an  appropriate  higher 
education qualification, which gives access to doctoral programmes, who is selected 
by  a  research  organisation  for  carrying  out  a  research  project  for  which  the  above 
qualification is normally required; 

(cid:208) 2004/114/EC 

(c)  (b)‘student’  means  a  third-country  national  accepted  by  an  establishment  of  higher 
education and admitted to the territory of a Member State to pursue as his/her main 
activity  a  full-time  course  of  study  leading  to  a  higher  education  qualification 
recognised by the Member State, including diplomas, certificates or doctoral degrees 
in an establishment of higher education, which may cover a preparatory course prior 
to such education according to its national legislation; 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
(d)  (c)‘school  pupil’  means  a  third-country  national  admitted  to  the  territory  of  a 
Member  State  to  follow  a  recognised  programme  of  secondary  education  in  the 
context  of  an  exchange  scheme  operated  by  an  organisation  recognised  for  that 
purpose  by  the  Member  State  in  accordance  with  its  national  legislation  or 
administrative practice; 

(e) (d)‘unremunerated trainee’ means a third-country national who has been admitted 
to  the  territory  of  a  Member  State  for  a  training  period  without  remuneration  in 
accordance with its the national legislation ⌦ of the Member State concerned ⌫; 

(cid:208) 2004/114/EC (adapted) 

(cid:216) new 

(f) 'remunerated trainee' means a third-country national who has been admitted to the 
territory of a Member State for a training period in return for which he/she receives 
remuneration  in  accordance  with  the  national  legislation  of  the  Member  State 
concerned; 

(g) 'volunteer' means a third-country national admitted to the territory of a Member 
State to participate in a recognised voluntary service scheme; 

(h)(f)‘voluntary  service  scheme’  means  a  programme  of  activities  of  practical  solidarity, 
based  on  a  ⌦ scheme  recognised  by  the  Member ⌫  State  or  ⌦ the  Union ⌫  a 
Community scheme, pursuing objectives of general interest; 

(cid:208) 2004/114/EC (adapted) 

(i)  'au  pair'  means  a  third-country  national  who  is  temporarily  received  by  a  family  in  the 
territory  of  a  Member  State  in  exchange  for  light  housework  and  taking  care  of 
children  in  order  to  improve  his/her  linguistic  skills  and  his/her  knowledge  of  the 
host country; 

(cid:216) new 

(cid:208) 2005/71/EC 

(j) (b)‘research’ means creative work undertaken on a systematic basis in order to increase the 
stock of knowledge, including knowledge of man, culture and society, and the use of 
this stock of knowledge to devise new applications; 

(k)  (c)‘research  organisation’  means  any  public  or  private  organisation  which  conducts 
research  and  which  has  been  approved  for  the  purposes  of  this  Directive  by  a 
Member State in accordance with the latter's legislation or administrative practice; 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
(cid:208) 2004/114/EC (adapted) 

(l)  (e)‘  ⌦ educational ⌫  establishment’  means  a  public  or  private  establishment 
recognised by the host Member State and/or whose courses of study are recognised 
in accordance with its national legislation or administrative practice ⌦ on the basis 
of transparent criteria ⌫ for the purposes set out in this Directive; 

(cid:216) new 

(m)  'remuneration'  means  the  payment,  whatever  form  it  takes,  received  in 
consideration  for  the  services  performed  and  being  considered  under  national 
legislation  or  established  practice  as  a  constituent  element  of  an  employment 
relationship; 

(n) 'employment' means the exercise of activities covering whatever form of labour 
or  work  regulated  under  national  law  or  established  practice  for  and  under  the 
direction and supervision of an employer; 

(o)  'first  Member  State'  means  the  Member  State  which  first  grants  a  third-country 
national an authorisation on the basis of this Directive; 

(p)  'second  Member  State'  means  any  Member  State  other  than  the  first  Member 
State; 

'Union  programmes 

(q) 
programmes promoting inward mobility of third country nationals to the Union; 

including  mobility  measures'  means  Union  funded 

(r)  'authorisation'  means  a  residence  permit  issued  by  the  authorities  of  a  Member 
State allowing a third-country national to stay legally on its territory, in accordance 
with Article 1(2)(a) of Regulation (EC) No 1030/2002 or a long-stay visa; 

(s) 'long-stay visa' means an authorisation issued by a Member State as provided for 
in Article 18 of the Schengen Convention or issued in accordance with the national 
law of Member States that do not fully implement the Schengen acquis. 

(g)‘residence permit’ means any authorisation issued by the authorities of a Member 
State allowing a third-country national to stay  legally in its territory, in accordance 
with Article 1(2)(a) of Regulation (EC) No 1030/2002. 

(cid:208) 2004/114/EC 

(e)‘residence  permit’  means  any  authorisation  bearing  the  term  ‘researcher’  issued  by  the 
authorities of a Member State allowing a third-country national to stay legally on its 
territory, in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002. 

(cid:208) 2005/71/EC (adapted) 

EN 

Article 3 

Scope 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
1.  This  Directive  shall  apply  to  third-country  nationals  who  apply  to  be  admitted  to  the 
territory of a Member State for the purpose of carrying out a research project. 

2. This Directive shall not apply to: 

(a) third-country nationals staying in a Member State as applicants for international 
protection or under temporary protection schemes; 

(b)  third-country  nationals  applying  to  reside  in  a  Member  State  as  students  within  the 
meaning  of  Directive  2004/114/EC  in  order  to  carry  out  research  leading  to  a 
doctoral degree; 

(c) third-country nationals whose expulsion has been suspended for reasons of fact or law; 

(d)  researchers  seconded  by  a  research  organisation  to  another  research  organisation  in 

another Member State. 

(cid:208) 2005/71/EC (adapted) 

Article 4 

More favourable provisions 

1. This Directive shall be without prejudice to more favourable provisions of: 

(a)  bilateral  or  multilateral  agreements  concluded  between  the  Community  or  between  the 
Community and its Member States on the one hand and one or more third countries 
on the other; 

(b)  bilateral  or  multilateral  agreements  concluded  between  one  or  more  Member  States  and 

one or more third countries. 

2.  This  Directive  shall  not  affect  the  right  of  Member  States  to  adopt  or  retain  more 
favourable provisions for persons to whom it applies. 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

Article 4 

More favourable provisions 

1. This Directive shall be without prejudice to more favourable provisions of: 

(a)  bilateral  or  multilateral  agreements  ⌦ concluded ⌫  between  the  Community 
⌦ Union ⌫  or  the  Community  ⌦ Union ⌫  and  its  Member  States  and  one  or 
more third countries; or 

(b)  bilateral  or  multilateral  agreements  ⌦ concluded ⌫  between  one  or  more 
Member States and one or more third countries. 

2. This Directive shall be without prejudice to the right of Member States to adopt or maintain 
provisions  that  are  more  favourable  to  the  persons  to  whom  it  applies  (cid:214) with  respect  to 
Articles 21, 22, 23, 24, 25 and 29, especially in the context of Mobility Partnerships  . 

EN 

35 

   EN 

 
 
 
 
 
CHAPTER II 

CONDITIONS OF ADMISSION 

(cid:208) 2004/114/EC 

Article 5 

Principle 

1.  The  admission  of  a  third-country  national  under  this  Directive  shall  be  subject  to  the 
verification  of  documentary  evidence  showing  that  he/she  meets  the  general  conditions  laid 
down in Article 6 and the specific conditions in whichever of Articles 7 to 11 14 applies to the 
relevant category. 

(cid:216) new 

2. Once all the general and specific conditions for admission are fulfilled, applicants shall be 
entitled  to  a  long-stay  visa  and/or  residence  permit.  If  a  Member  State  issues  residence 
permits only on its territory and not elsewhere and all the admission conditions laid down in 
this Directive are fulfilled, the Member State concerned shall issue the third country national 
the requisite visa. 

(cid:208) 2004/114/EC 

Article 6 

General conditions 

1.  A  third-country  national  who  applies  to  be  admitted  for  the  purposes  set  out  in  this 
Directive shall: 

(a)  present  a  valid  travel  document  as  determined  by  national  legislation;  Member 
States may require the period of validity of the travel document to cover at least the 
duration of the planned stay; 

(cid:208) 2004/114/EC (adapted) 

(b)  if  he/she  is  a  minor  under  the  national  legislation  of  the  host  Member  State, 
present a parental authorisation ⌦ or equivalent ⌫ for the planned stay; 

(c) have sickness insurance in respect of ⌦ for ⌫ all risks normally covered for its 
own nationals in ⌦ of ⌫ the Member State concerned; 

EN 

36 

   EN 

 
 
 
 
 
 
 
(d) not be regarded as a threat to public policy, public security or public health; 

(e)  provide  proof,  if  the  Member  State  so requests,  that  he/she  has  paid  the  fee  for 
processing the application on the basis of Article 2031. 

(cid:208) 2004/114/EC 

(f)  provide  the  evidence  requested  by  the  Member  State  that  during  his/her  stay 
he/she will have sufficient resources to cover his/her subsistence, training and return 
travel costs, without prejudice to an individual examination of each case. 

(cid:216) new 

2.  Member  States  shall  facilitate  the  admission  procedure  for  the  third-country  nationals 
covered by Articles 7 to 11 who participate in Community  programmes enhancing mobility 
towards or within the Community. 

(cid:208) 2004/114/EC (adapted) 

(cid:208) 2005/71/EC (adapted) 

CHAPTER III 

ADMISSION OF RESEARCHERS 

Article 7 

Conditions for admission 

1.  A  third-country  national  who  applies  to  be  admitted  for  the  purposes  set  out  in  this 
Directive shall: 

(a)  present  a  valid  travel  document,  as  determined  by  national  law.  Member  States  may 
require the period of the validity of the travel document to cover at least the duration 
of the residence permit; 

(b)  present  a  hosting  agreement  signed  with  a  research  organisation  in  accordance  with 

Article 6(2); 

(c)  where  appropriate,  present  a  statement  of  financial  responsibility  issued  by  the 
research organisation in accordance with Article 6(3); and 

(d) not be considered to pose a threat to public policy, public security or public health. 

Member States shall check that all the conditions referred to in points (a), (b), (c) and (d) are 
met. 

2. Member States may also check the terms upon which the hosting agreement has been based 
and concluded. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
3.  Once  the  checks  referred  to  in  paragraphs 1  and  2  have  been  positively  concluded, 
researchers  shall  be  admitted  on  the  territory  of  the  Member  States  to  carry  out  the  hosting 
agreement. 

(cid:216) new 

Article 7 

Specific conditions for researchers 

1. In addition to the general conditions laid down in Article 6, a third-country national who 
applies to be admitted for the purpose of carrying out research shall: 

(a) present a hosting agreement signed with a research organisation in accordance with Article 

9(1) and Article 9(2);  

(b)  where  appropriate,  present  a  statement  of  financial  responsibility  issued  by  the  research 

organisation in accordance with Article 9(3). 

2. Member States may check the terms upon which the hosting agreement has been based and 
concluded. 

3.  Once  the  checks  referred  to  in  paragraphs  1  and  2  have  been  positively  concluded, 
researchers  shall  be  admitted  to  the  territory  of  the  Member  State  to  carry  out  the  hosting 
agreement. 

4. Applications from third-country nationals wishing to pursue research in the Union shall be 
considered  and  examined  when  the  third-country  national  concerned  is  residing  outside  the 
territory of the Member State to which he/she wishes to be admitted. 

5.  Member  States  may  accept,  in  accordance  with  their  national  legislation,  an  application 
submitted when the third-country national concerned is already in their territory. 

6. Member States shall determine whether applications for authorisations are to be made by 
the researcher or by the research organisation concerned. 

(cid:208) 2005/71/EC (adapted) 

CHAPTER II 

RESEARCH ORGANISATIONS 

Article 58 

Approval ⌦ of research organisations ⌫ 

1. Any research organisation wishing to host a researcher under the admission procedure laid 
down  in  this  Directive  shall  first  be  approved  for  that  purpose  by  the  Member  State 
concerned. 

(cid:208) 2005/71/EC  

EN 

38 

   EN 

 
 
 
2. The approval of the research organisations shall be in accordance with procedures set out in 
the national law or administrative practice of the Member States. Applications for approval by 
both public and private organisations shall be made in accordance with those procedures and 
be based on their statutory tasks or corporate purposes as appropriate and on proof that they 
conduct research. 

The approval granted to a research organisation shall be for a minimum period of five years. 
In exceptional cases, Member States may grant approval for a shorter period. 

3. Member States may require, in accordance with national legislation, a written undertaking 
of the research organisation that in cases where a researcher remains illegally in the territory 
of the Member State concerned, the said organisation is responsible for reimbursing the costs 
related to his/her stay and return incurred by public funds. The financial responsibility of the 
research  organisation  shall  end  at  the  latest  six  months  after  the  termination  of  the  hosting 
agreement. 

4.  Member  States  may  provide  that,  within  two  months of the  date of expiry of the hosting 
agreement  concerned,  the  approved  organisation  shall  provide  the  competent  authorities 
designated  for  the  purpose  by  the  Member  States  with  confirmation  that  the  work  has  been 
carried out for each of the research projects in respect of which a hosting agreement has been 
signed pursuant to Article 69. 

5. The competent authorities in each Member State shall publish and update regularly lists of 
the research organisations approved for the purposes of this Directive ⌦ whenever a change 
is made to those lists ⌫ . 

(cid:208) 2005/71/EC (adapted) 

(cid:208) 2005/71/EC 

6.  A  Member  State  may,  among  other  measures,  refuse  to  renew  or  decide  to  withdraw  the 
approval  of  a  research  organisation  which  no  longer  meets  the  conditions  laid  down  in 
paragraphs 2, 3 and 4 or in cases where the approval has been fraudulently acquired or where 
a  research  organisation  has  signed  a  hosting  agreement  with  a  third-country  national 
fraudulently or negligently. Where approval has been refused or withdrawn, the organisation 
concerned  may  be  banned  from  reapplying  for  approval  up  to  five  years  from  the  date  of 
publication of the decision on withdrawal or non-renewal. 

7.  Member  States  may  determine  in  their  national  legislation  the  consequences  of  the 
withdrawal  of  the  approval  or  refusal  to  renew  the  approval  for  the  existing  hosting 
agreements,  concluded  in  accordance  with  Article 69,  as  well  as  the  consequences  for  the 
residence permits of the researchers concerned. 

(cid:208) 2005/71/EC (adapted) 

Article 69 

Hosting agreement 

EN 

39 

   EN 

 
 
 
1. A research organisation wishing to host a researcher shall sign a hosting agreement with the 
latter whereby the researcher undertakes to complete the research project and the organisation 
undertakes to host the researcher for that purpose without prejudice to Article ⌦ provided 
that the conditions laid down in Articles 6 and ⌫ 7 ⌦ are met ⌫. 

(cid:216) new 

The hosting agreement shall contain at least the following elements :  

(a) the title and purpose of the research project; 

(b) an undertaking by the researcher to complete the research project; 

(c) confirmation by the organisation that it undertakes to host the researcher so that he 

or she can complete the research project; 

(d) the start and end date of the research project; 

(e)  information  on  the  legal  relationship  between  the  research  organisation  and  the 

researcher; 

(f) information on the working conditions of the researcher. 

(cid:208) 2005/71/EC 

2.  Research  organisations  may  sign  hosting  agreements  only  if  the  following  conditions  are 
met: 

(a)  the  research  project  has  been  accepted  by  the  relevant  authorities  in  the 
organisation, after examination of: 

(i)  the  purpose  and  duration  of  the  research,  and  the  availability  of  the 
necessary financial resources for it to be carried out; 

(ii)  the  researcher’s  qualifications  in  the  light  of  the  research  objectives,  as 
evidenced  by  a  certified  copy  of  his/her  qualification  in  accordance  with 
Article 2(d)(b); 

(cid:208) 2005/71/EC (adapted) 

(b) during his/her stay the researcher has sufficient monthly resources to meet his/her 
expenses and return travel costs in accordance with the minimum amount published 
for the purpose by the Member State, without having recourse to the Member State’s 
social assistance system; 

(c) during his/her stay the researcher has sickness insurance for all the risks normally 
covered for nationals of the Member State concerned; 

(d) the hosting agreement specifies the legal relationship and working conditions of 
the researchers. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(cid:208) 2005/71/EC 

3.  Once  the  hosting  agreement  is  signed,  the  research  organisation  may  be  required,  in 
accordance  with  national  legislation,  to  provide  the  researcher  with  an  individual  statement 
that for costs within the meaning of Article 58(3) financial responsibility has been assumed. 

4.  The  hosting  agreement  shall  automatically  lapse  when  the  researcher  is  not  admitted  or 
when  the  legal  relationship  between  the  researcher  and  the  research  organisation  is 
terminated. 

5. Research organisations shall promptly inform the authority designated for the purpose by 
the  Member  States  of  any  occurrence  likely  to  prevent  implementation  of  the  hosting 
agreement. 

(cid:208) 2004/114/EC (adapted) 

Article 710 

Specific conditions for students 

1. In addition to the general conditions laid down in Article 6, a third-country national who 
applies to be admitted for the purpose of study shall: 

(a) ⌦ provide evidence that he/she has ⌫ have been accepted by an establishment 
of higher education to follow a course of study; 

(b)  (d)  provide  evidence,  if  the  Member  State  so  requires,  that  he/she  has  paid  the 
fees charged by the establishment. ;  

(b) provide the evidence requested by a Member State that during his/her stay he/she 
will  have  sufficient  resources  to  cover  his/her  subsistence,  study  and  return  travel 
costs. Member States shall make public the minimum monthly resources required for 
the  purpose  of  this  provision,  without  prejudice  to  individual  examination  of  each 
case; 

(c) provide evidence, if the Member State so requires, of sufficient knowledge of the 
language of the course to be followed by him/her;.  

2. Students who automatically qualify for sickness insurance in respect of ⌦ for ⌫ all risks 
normally covered for the nationals of the Member State concerned as a result of enrolment at 
an establishment shall be presumed to meet the condition laid down in Article 6(1)(c). 

Article 8 

Mobility of students 

1. Without prejudice to Articles 12(2), 16 and 18(2), a third-country national who has already 
been admitted as a student and applies to follow in another Member State part of the studies 
already commenced, or to complement them with a related course of study in another Member 
State, shall be admitted by the latter Member State within a period that does not hamper the 
pursuit  of  the  relevant  studies,  whilst  leaving  the  competent  authorities  sufficient  time  to 
process the application, if he/she: 

EN 

41 

   EN 

 
 
 
 
 
 
(a)  meets  the  conditions  laid  down  by  Articles  6  and  7  in  relation  to  that  Member 
State; and 

(b)  has  sent,  with  his/her  application  for  admission,  full  documentary  evidence  of 
his/her  academic  record  and  evidence  that  the  course  he/she  wishes  to  follow 
genuinely complements the one he/she has completed; and 

(c)  participates  in  a  Community  or  bilateral  exchange  programme  or  has  been 
admitted as a student in a Member State for no less than two years. 

2.  The  requirements  referred  to  in  paragraph  1(c),  shall  not  apply  in  the  case  where  the 
student,  in  the  framework  of  his/her  programme  of  studies,  is  obliged  to  attend  a  part  of 
his/her courses in an establishment of another Member State. 

3. The competent authorities of the first Member State shall, at the request of the competent 
authorities of the second Member State, provide the appropriate information in relation to the 
stay of the student in the territory of the first Member State. 

(cid:208) 2004/114/EC (adapted) 

Article 911 

Specific conditions for school pupils 

1.  Subject  to  Article  3,  a  A  third-country  national  who  applies  to  be  admitted  in  a  pupil 
exchange  scheme  shall,  in  addition  to  the  general  conditions  stipulated ⌦ laid  down ⌫  in 
Article 6: 

(cid:208) 2004/114/EC 

(a) not be below the minimum age nor above the maximum age set by the Member 
State concerned; 

(b) provide evidence of acceptance by a secondary education establishment; 

(c)  provide  evidence  of  participation  in  a  recognised  pupil  exchange  scheme 
programme operated by an organisation recognised for that purpose by the Member 
State concerned in accordance with its national legislation or administrative practice; 

(d) provide evidence that the pupil exchange organisation accepts responsibility for 
him/her  throughout  his/her  period  of  presence  in  the  territory  of  the  Member  State 
concerned,  in  particular  as  regards  subsistence,  study,  healthcare  and  return  travel 
costs; 

(e) be accommodated throughout his/her stay by a family meeting the conditions set 
by the Member State concerned and selected in accordance with the rules of the pupil 
exchange scheme in which he/she is participating. 

2.  Member  States  may  confine  the  admission  of  school  pupils  participating  in  an  exchange 
scheme to nationals of third countries which offer the same possibility for their own nationals. 

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(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

Article 1012 

Specific conditions for unremunerated trainees 

1.  Subject  to  Article  3,  a  A  third-country  national  who  applies  to  be  admitted  as  an 
unremunerated  (cid:214) or  remunerated   trainee  shall,  in  addition  to  the  general  conditions  laid 
down in Article 6: 

(a) have signed a training agreement, approved if need be by the relevant authority in 
the  Member  State  concerned  in  accordance  with  its  national  legislation  or 
administrative  practice,  for  an  unremunerated ⌦ a ⌫  placement  with  a  public-  or 
private-sector  enterprise  or  vocational  training  establishment  recognised  by  the 
Member State in accordance with its national legislation or administrative practice;.  

(b)  prove,  if  the  Member  State  so  requires,  that  they  have  previous  relevant  education  or 
qualifications or professional experience to benefit from the work experience. 

(cid:216) new 

(cid:208) 2004/114/EC  

(b) provide the evidence requested by a Member State that during his/her stay he/she 
will have sufficient resources to cover his/her subsistence, training and return travel 
costs.  The  Member  States  shall  make  public  the  minimum  monthly  resources 
required  for  the  purpose  of  this  provision,  without  prejudice  to  individual 
examination of each case; 

(c) receive, if the Member State so requires, basic language training so as to acquire 
the knowledge needed for the purposes of the placement. 

(cid:208) 2004/114/EC 

(cid:216) new 

The  agreement  referred  to  in  point  (a)  shall  describe  the  training  programme,  specify  its 
duration,  the  conditions  under  which  the  trainee  is  supervised  in  the  performance  of  this 
programme, his/her working hours, the legal relationship with the host entity and, where the 
trainee is remunerated, the remuneration granted to him/her.  

2. Member States may require the host entity to declare that the third country national is not 
filling a job. 

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(cid:208) 2004/114/EC (adapted) 

Article 1113 

Specific conditions for volunteers 

Subject  to  Article  3,  a  A  third-country  national  who  applies  to  be  admitted  to  a  voluntary 
service scheme shall, in addition to the general conditions laid down in Article 6: 

(a) not be below the minimum age nor above the maximum age set by the Member 
State concerned; 

(cid:208) 2004/114/EC 

(a) (b) produce an agreement with the organisation responsible in the Member State 
concerned for the voluntary service scheme in which he/she is participating, giving a 
description of tasks, the conditions in which he/she is supervised in the performance 
of those tasks, his/her working hours, the resources available to cover his/her travel, 
subsistence, accommodation costs and pocket money throughout his/her stay and, if 
appropriate, the training he/she will receive to help him/her perform his/her service; 

(cid:208) 2004/114/EC 

(b)  (c)  provide  evidence  that  the  organisation  responsible  for  the  voluntary  service 
scheme  in  which  he/she  is  participating  has  subscribed  to  a  third-party  insurance 
policy;  and  accepts  full  responsibility  for  him/her  throughout  his/her  stay,  in 
particular as regards his/her subsistence, healthcare and return travel costs; 

(d)  (c)  and,  if  the  host  Member  State  specifically  requires  it,  receive  a  basic 
introduction  to  the  language,  history  and  political  and  social  structures  of  that 
Member State. 

(cid:208) 2004/114/EC 

(cid:216) (new) 

Article 14 

Specific conditions for au-pairs 

A third-country national who applies to be admitted for the purpose of working as an au-pair 

shall, in addition to the general conditions laid down in Article 6: 

(a) be at least 17 but not more than 30 or, except in individually justified cases, more 
than 30 years of age; 

(b)  provide  evidence  that  the  host  family  accepts  responsibility  for  him/her 
throughout his/her period of presence in the territory of the Member State concerned, 

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in  particular  with  regard  to  subsistence,  accommodation,  healthcare,  maternity  or 
accident risks; 

(c)  produce  an  agreement  between  the  au-pair  and  the  host  family  defining  his/her 
rights  and  obligations,  including  specifications  about  the  pocket  money  to  be 
received  and  adequate  arrangements  allowing  him/her  to  attend  courses,  and 
participation in day-to-day family duties. 

(cid:208) 2005/71/EC 

Article 9 

Family members 

1.  When  a  Member  State  decides  to  grant  a  residence  permit  to  the  family  members  of  a 
researcher, the duration of validity of their residence permit shall be the same as that of the 
residence  permit  issued  to  the  researcher  insofar  as  the  period  of  validity  of  their  travel 
documents allows it. In duly justified cases, the duration of the residence permit of the family 
member of the researcher may be shortened. 

2.  The  issue  of  the  residence  permit  to  the  family  members  of  the  researcher  admitted  to  a 
Member  State  shall  not  be  made  dependent  on  the  requirement  of  a  minimum  period  of 
residence of the researcher. 

(cid:216) new 

CHAPTER III 

AUTHORISATIONS AND DURATION OF RESIDENCE 

Article 15 

Authorisations 

Long-stay visas and residence permits shall bear the title "researcher", "student", "volunteer", 
"school pupil", "remunerated trainee", "unremunerated trainee" or "au pair". For third-country 
national  researchers  and  students  coming  to  the  Union  under  a  specific  Union  programme 
including mobility measures, the authorisation shall mention the specific programme. 

(cid:208) 2005/71/EC (adapted) 
(cid:214) new 

Article 8 16 

Duration of residence permit  

1.  Member  States  shall  issue  a  residence  permit  (cid:214) an  authorisation  for  researchers   for  a 
period of at least one year and shall renew it if the conditions laid down in Articles 6, and 7 

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⌦ and 9 ⌫ are still met. If the research project is scheduled to last less than one year, the 
residence permit (cid:214) authorisation  shall be issued for the duration of the project. 

(cid:216) new 

2. Member States shall issue an authorisation for students for a period of at least one year and 
shall renew it if the conditions laid down in Articles 6 and 10 are still met. If the period of 
studies is scheduled to last less than one year, the authorisation shall be issued for the duration 
of the studies. 

3. For school pupils and au pairs, Member States shall issue an authorisation for a maximum 
period of one year.  

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

4. The period of validity of an residence permit (cid:214) authorisation  issued to unremunerated 
trainees shall correspond to the duration of the placement or shall be for a maximum of one 
year. In exceptional cases, it may be renewed, once only (cid:214) and in the form of a permit  and 
exclusively  for  such  time  as  is  needed  to  acquire  a  vocational  qualification  recognised  by  a 
Member State in accordance with its national legislation or administrative practice, provided 
the holder still meets the conditions laid down in Articles 6 and 10 ⌦ 12 ⌫. 

5. An (cid:214) authorisation  residence permit issued to volunteers shall be issued for a period of 
no  more  than  one  year.  In  exceptional  cases,  if  the  duration  of  the  relevant  programme  is 
longer than one year, the duration of the validity of the (cid:214) required authorisation  residence 
permit may correspond to the period concerned. 

6. In cases where Member States allow entry and residence on the basis of a long-stay visa, a 
residence permit shall be issued with the first extension of the initial stay. Where the validity 
of the long-stay visa is shorter than the authorised duration of stay, the long-stay visa shall be 
replaced by a residence permit without additional formalities before the expiry of the visa. 

Article 17 

Additional information 

Member  States  may  indicate  additional  information  related  to  the  stay  of  the  third-country 
national, such as the full list of Member States that the researcher or student intends to go to, 
in  paper  format,  or  store  such  data  in  electronic  format  as  referred  to  in  Article  4  of 
Regulation (EC) No 1030/2002 and in point (a) 16 of the Annex thereto. 

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(cid:208) 2004/114/EC (adapted) 

CHAPTER IV 

RESIDENCE PERMITS ⌦ GROUNDS FOR REFUSAL, WITHDRAWAL OR NON-
RENEWAL OF AUTHORISATIONS ⌫ 

Article 12 

Residence permit issued to students 

1.  A  residence  permit  shall  be  issued  to  the  student  for  a  period  of  at  least  one  year  and 
renewable  if  the  holder  continues  to  meet  the  conditions  of  Articles  6  and  7.  Where  the 
duration of the course of study is less than one year, the permit shall be valid for the duration 
of the course. 

2. Without prejudice to Article 16, renewal of a residence permit may be refused or the permit 
may be withdrawn if the holder: 

(a) does not respect the limits imposed on access to economic activities under Article 
17; 

(b) does not make acceptable progress in his/her studies in accordance with national 
legislation or administrative practice. 

Article 13 

Residence permit issued to school pupils 

A residence permit issued to school pupils shall be issued for a period of no more than one 
year. 

Article 14 

Residence permit issued to unremunerated trainees 

The period of validity of a residence permit issued to unremunerated trainees shall correspond 
to the duration of the placement or shall be for a maximum of one year. In exceptional cases, 
it  may  be  renewed,  once  only  and  exclusively  for  such  time  as  is  needed  to  acquire  a 
vocational  qualification  recognised  by  a  Member  State  in  accordance  with  its  national 
legislation or administrative practice, provided the holder still meets the conditions laid down 
in Articles 6 and 10. 

Article 15 

Residence permit issued to volunteers 

A residence permit issued to volunteers shall be issued for a period of no more than one year. 
In  exceptional  cases,  if  the  duration  of  the  relevant  programme  is  longer  than  one  year,  the 
duration of the validity of the residence permit may correspond to the period concerned. 

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(cid:216) new 

Article 18 

1. Member States shall reject an application in the following cases : 

Grounds for rejection of an application 

(a)  where  the  general  conditions  laid  down  in  Article  6  and  the  relevant  specific 

conditions laid down in Articles 7 and 10 to 16 are not met;  

(b)  where  the  documents  presented  have  been  fraudulently  acquired,  falsified  or 

tampered with;  

(c)  where  the  host  entity  or  educational  establishment  was  established  in  the  sole 

purpose of facilitating entry;  

(d)  where  the  host  entity  has  been  sanctioned  in  conformity  with  national  law  for 
undeclared work and/or illegal employment or does not meet the legal obligations regarding 
social  security  and/or  taxation  set  out  in  national  law  or  has  filed  for  bankruptcy  or  is 
otherwise insolvent;  

(e) where the host family, or, if applicable, any intermediary organisation involved in 
the placement of the au-pair, has been sanctioned in conformity with national law for breach 
of the conditions and/or objectives of au-pair placements and/or illegal employment. 

2.  Member  States  may  reject  an  application  if  the  host  entity  appears  to  have  deliberately 
eliminated the positions it is trying to fill through the new application within the 12 months 
immediately preceding the date of the application. 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

Article 16 19 

(cid:214) Grounds for  Wwithdrawal or non-renewal of residence permits (cid:214) of an 
authorisation  

1. Member States may (cid:214) shall  withdraw or refuse to renew a residence permit issued on 
the basis of this Directive when it has been fraudulently acquired or wherever it appears that 
the holder did not meet or no longer meets the conditions for entry and residence laid down in 
Article  6  and  in  whichever  of  Articles  7  to  11  applies  to  the  relevant  category.  (cid:214) an 
authorisation in the following cases :  

(a)  where  authorisations  and  documents  presented  have  been  fraudulently  acquired, 

falsified or tampered with; 

(b) where the third-country national is residing for purposes other than those for which 

he/she was authorised to reside; 

(cid:216) new 

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(c) where the host entity was established for the sole purpose of facilitating entry; 

(d) where the host entity does not meet the legal obligations regarding social security 

and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent; 

(e) where the host family, or, if applicable, any intermediary organisation involved for 
the placement of the au-pair, has been sanctioned in conformity with national law for breach 
of the conditions and/or objectives of au-pair placements and/or for illegal employment; 

(f) for students, where the time limits imposed on access to economic activities under 
Article 23 are not respected or if the respective student does not make acceptable progress in 
the relevant studies in accordance with national legislation or administrative practice. 

2. Member States may withdraw or refuse to renew a residence permit (cid:214) an authorisation  
for reasons of public policy, public security or public health. 

(cid:208) 2004/114/EC  
(cid:214) new 

(cid:208) 2005/71/EC  

Article 10 

Withdrawal or non renewal of the residence permit 

1. Member States may withdraw or refuse to renew a residence permit issued on the basis of 
this Directive when it has been fraudulently acquired or wherever it appears that the holder 
did not meet or no longer meets the conditions for entry and residence provided by Articles 6 
and 7 or is residing for purposes other that that for which he was authorised to reside. 

2. Member States may withdraw or refuse to renew a residence permit on grounds of public 
policy, public security or public health. 

(cid:216) new 

Article 20 

Grounds for non-renewal of an authorisation 

1. Member States may refuse to renew an authorisation in the following cases: 

(a)  where  the  authorisation  and  documents  presented  have  been  fraudulently  acquired, 
falsified or tampered with; 

(b)  where  it  appears  that  the  holder  no  longer  meets  the  general  conditions  for  entry  and 
residence laid down in Article 6 and the relevant specific conditions laid down in Articles 7, 9 
and 10; 

(c) for students, where the time limits imposed on access to economic activities under Article 
23 are not respected or where the student does not make acceptable progress in the relevant 
studies in accordance with national legislation or administrative practice. 

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2.  Member  States  may  refuse  to  renew  an  authorisation  on  grounds of  public  policy,  public 
security and public health. 

(cid:208) 2005/71/EC (adapted) 

CHAPTER V 

RESEARCHERS’ RIGHTS 

Article 12 21 

Equal treatment 

(cid:216) new 

1.  By  way  of  derogation  from  Article  12(2)(b)  of  Directive  2011/98/EU,  third-country 
national  researchers  shall  be  entitled  to  equal  treatment  with  nationals  of  the  host  Member 
State  as  regards  branches  of  social  security,  including  family  benefits,  as  defined  in 
Regulation No 883/2004 on the coordination of social security schemes. 

2. School pupils, volunteers, unremunerated trainees and au pairs, irrespective of whether they 
are  allowed  to  work  in  accordance  with  Union  or  national  law,  shall  be  entitled  to  equal 
treatment in  relation  to  access  to  goods  and  services  and  the  supply  of  goods  and  services 
made  available  to  the  public,  except  procedures  for  obtaining  housing  as  provided  for  by 
national law.  

(cid:208) 2005/71/EC (adapted) 

Article 11 22  

Teaching ⌦ by researchers ⌫  

1.  Researchers  admitted  under  this  Directive  may  teach  in  accordance  with  national 
legislation.2. Member States may set a maximum number of hours or of days for the activity 
of teaching. 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

CHAPTER IV 

TREATMENT OF THE THIRD-COUNTRY NATIONALS CONCERNED 

Article 17 23  

Economic activities by students 

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1. Outside their study time and subject to the rules and conditions applicable to the relevant 
activity  in  the  host  Member  State,  students  shall  be  entitled  to  be  employed  and  may  be 
entitled to exercise self-employed economic activity. The situation of the labour market in the 
host Member State may be taken into account. 

2. Where necessary, Member States shall grant students and/or employers prior authorisation 
in accordance with national legislation. 

23. Each Member State shall determine the maximum number of hours per week or days or 
months per year allowed for such an activity, which shall not be less than 10 (cid:214) 20  hours 
per week, or the equivalent in days or months per year. 

3. Access to economic activities for the first year of residence may be restricted by the host 
Member State. 

4.  Member  States  may  require  students  to  report,  in  advance  or  otherwise,  to  an  authority 
designated  by  the  Member  State  concerned,  that  they  are  engaging  in  an  economic  activity. 
Their employers may also be subject to a reporting obligation, in advance or otherwise. 

(cid:216) new 

Article 24 

Job-searching and entrepreneurship  for researchers and students 

After finalisation of research or studies in the Member State, third-country nationals shall be 
entitled to stay on the territory of the Member State for a period of 12 months in order to look 
for work or set up a business , if the conditions laid down in points (a) and (c) to (f) of Article 
6 are still fulfilled. In a period of more than 3 and less than 6 months, third-country nationals 
may  be  requested  to  provide  evidence  that  they  continue  to  seek  employment  or  are  in  the 
process  of  setting  up  a  business.  After  a  period  of  6  months,  third-country  nationals  may 
additionally  be  requested  to  provide  evidence  that  they  have  a  genuine  chance  of  being 
engaged or of launching a business. 

Article 25 

Researchers' family members 

1.  By  way  of  derogation  from  Article  3(1)  and  Article  8  of  Directive  2003/86/EC,  family 
reunification  shall  not  be  made  dependent  on  the  holder  of  the  authorisation  to  stay  for  the 
purposes  of  research  having  reasonable  prospects  of  obtaining  the  right  of  permanent 
residence and having a minimum period of residence. 

2.  By  way  of  derogation  from  the  last  subparagraph  of  Article  4(1)  and  Article  7(2)  of 
Directive 2003/86/EC, the integration conditions and measures referred to in those provisions 
may only be applied after the persons concerned have been granted family reunification. 

3. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, 
authorisations  for  family  members  shall  be  granted,  where  the  conditions  for  family 
reunification are fulfilled, within 90 days from the date on which the application was lodged, 
and  60  days  from  the  date  of  the  initial  application  for  family  members  of  third-country 
national researchers covered by the relevant Union programmes including mobility measures. 

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4. By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of 
validity of the authorisation of family members shall be the same as that of the authorisation 
granted to the researcher insofar as the period of validity of their travel documents allows it. 

5. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, 
Member States shall not apply any time limit in respect of access to the labour market. 

CHAPTER VI 

MOBILITY BETWEEN MEMBER STATES 

(cid:208) 2005/71/EC  
(cid:214) new 

Article 13 26 

(cid:214) Right to Mmobility between Member States (cid:214) for researchers, students and 
remunerated trainees  

1. A third-country national who has been admitted as a researcher under this Directive shall 
be allowed to carry out part of his/her research in another Member State under the conditions 
as set out in this Article. 

2.If the researcher stays in another Member State for a period of up to three (cid:214) six  months, 
the research may be carried out on the basis of the hosting agreement concluded in 
the first Member State, provided that he has sufficient resources in the other Member 
State  and  is  not  considered  as  a  threat  to  public  policy,  public  security  or  public 
health in the second Member State. 

3.If  the  researcher  stays  in  another  Member  State  for  more  than  three  (cid:214) six   months, 
Member States may require a new hosting agreement to carry out the research in that Member 
State.(cid:214) If  Member  States  require  an  authorisation  in  order  to  exercise  mobility,  such 
authorisations  shall  be  granted  in  accordance  with  the  procedural  guarantees  specified  in 
Article 30  At all events, the conditions set out in Articles 6 and 7 shall be met in relation to 
the  Member  State  concerned.  5.  Member  States  shall  not  require  researchers  to  leave  the 
territory  in  order  to  submit  applications  for  applications  for  the  visas  or  residence  permits 
(cid:214) authorisations . 

4. Where the relevant legislation provides for the requirement of a visa or a residence permit, 
for  exercising  mobility,  such  a  visa  or  permit  shall  be  granted  in  a  timely  manner  within  a 
period  that  does  not  hamper  the  pursuit  of  the  research,  whilst  leaving  the  competent 
authorities sufficient time to process the applications. 

(cid:216) new 

2. For periods exceeding three months, but not exceeding six months, a third-country national 
who has been admitted as a student or as a remunerated trainee under this Directive shall be 
allowed to carry out part of his/her studies/traineeship in another Member State provided that 
before  his  or  her  transfer  to  that  Member  State,  he/she  has  submitted  the  following  to  the 
competent authority of the second Member State: 

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(a) a valid travel document; 

(b) proof of sickness insurance for all risks normally covered for the nationals of the Member 
State concerned; 

(c) proof that he/she has been accepted by an establishment of higher education or a 
training host entity; 

(d)  evidence  that  during  his/her  stay  he/she  will  have  sufficient  resources  to  cover 
his/her subsistence, study and return travel costs. 

3. For the mobility of students and trainees from the first Member State to a second Member 
State,  the  authorities  of  the  second  Member  State  shall  inform  the  authorities  of  the  first 
Member State on their decision. The cooperation procedures set out in Article 32 shall apply. 

4.  For  a  third-country  national  who  has  been  admitted  as  a  student,  transfers  to  a  second 
Member  State  exceeding  six  months  may  be  granted  under  the  same  conditions  as  those 
applied for mobility for a period exceeding three months but less than six months. If Member 
States  require  a  new  application  for  an  authorisation  to  exercise  mobility  for  a  period 
exceeding six months, such authorisations shall be granted in accordance with Article 29. 

5.  Member  States  shall  not  require  students  to  leave  the  territory  in  order  to  submit 
applications for authorisations for mobility between Member States. 

Article 27 

Rights for researchers and students covered by Union programmes including mobility 
measures 

1. Member States shall grant third-country nationals, who have been admitted as researchers 
or  students  under  this  Directive  and  who  are  covered  by  Union  programmes  including 
mobility measures, an authorization covering the whole duration of their stay in the Member 
States concerned where: 

(a) the full list of Member States that the researcher or student intends to go to is known prior 
to entry to the first Member State; 

(b) in the case of students, the applicant can provide evidence of acceptance by the relevant 
establishment of higher education to follow a course of study. 

2. The authorisation shall be granted by the first Member State that the researcher or student 
resides in.  

3.  Where  the  full  list  of  Member  States  is  not  known  prior  to  entry  into  the  first  Member 
State: 

(a) for researchers, the conditions as set out in Article 26 for stays in another Member States 
for periods of up to six months shall apply; 

(b) for students, the conditions as set out in Article 26 for stays in another Member States for 
periods between three and six months shall apply. 

Residence in the second Member State for family members 

Article 28 

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1. When a researcher moves to a second Member State in accordance with Articles 26 and 27, 
and  when  the  family  was  already  constituted  in the  first  Member  State,  the  members  of  his 
family shall be authorised to accompany or join him.  

2. No later than one month after entering the territory of the second Member State, the family 
members  concerned  or  the  researcher,  in  accordance  with  national  law,  shall  submit  an 
application  for  a  residence  permit  as  a  family  member  to  the  competent  authorities  of  that 
Member State. 

In cases where the residence permit of the family members issued by the first Member State 
expires during the procedure or no longer entitles the holder to reside legally on the territory 
of the second Member State, Member States shall allow the person to stay in their territory, if 
necessary  by  issuing  national  temporary  residence  permits,  or  equivalent  authorisations, 
allowing the applicant to continue to stay legally on their territory with the researcher until a 
decision on the application has been taken by the competent authorities of the second Member 
State. 

3. The second Member State may require the family members concerned to present with their 
application for a residence permit: 

(a)  their  residence  permit  in  the  first  Member  State  and  a  valid  travel  document,  or  their 
certified copies, as well as a visa, if required; 

(b)  evidence  that  they  have  resided  as  members  of  the  family  of  the  researcher  in  the  first 
Member State; 

(c)  evidence  that  they  have  a  sickness  insurance  covering  all  risks  in  the  second  Member 
State, or that the researcher has such insurance for them. 

4. The second Member State may require the researcher to provide evidence that the holder: 

(a) has an accommodation regarded as normal for a comparable family in the same region and 
which meets the general health and safety standards in the Member State concerned; 

(b) has stable and regular resources which are sufficient to maintain himself and the members 
of his family, without recourse to the social assistance of the Member State concerned.  

Member States shall evaluate these resources by reference to their nature and regularity and 
may  take  into  account  the  level  of  minimum  national  wages  and  pensions  as  well  as  the 
number of family members.  

(cid:208) 2005/71/EC (adapted) 

CHAPTER V 

PROCEDURE AND TRANSPARENCY 

Article 14 

Applications for admission 

1. Member States shall determine whether applications for residence permits are to be made 
by the researcher or by the research organisation concerned. 

EN 

54 

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2.  The  application  shall  be  considered  and  examined  when  the  third-country  national 
concerned is residing outside the territory of the Member States to which he/she wishes to be 
admitted. 

3.  Member  States  may  accept,  in  accordance  with  their  national  legislation,  an  application 
submitted when the third-country national concerned is already in their territory. 

4. The Member State concerned shall grant the third-country national who has submitted an 
application  and  who  meets  the  conditions  of  Articles 6  and  7  every  facility  to  obtain  the 
requisite visas. 

Article 15 

Procedural safeguards 

1.  The  competent  authorities  of  the  Member  States  shall  adopt  a  decision  on  the  complete 
application as soon as possible and, where appropriate, provide for accelerated procedures. 

2. If the information supplied in support of the application is inadequate, the consideration of 
the application may be suspended and the competent authorities shall inform the applicant of 
any further information they need. 

3. Any decision rejecting an application for a residence permit shall be notified to the third-
country national concerned in accordance with the notification procedures under the relevant 
national  legislation.  The  notification  shall  specify  the  possible  redress  procedures  available 
and the time limit for taking action. 

4.  Where  an  application  is  rejected,  or  a  residence  permit,  issued  in  accordance  with  this 
Directive, is withdrawn, the person concerned shall have the right to mount a legal challenge 
before the authorities of the Member State concerned. 

(cid:208) 2004/114/EC (adapted) 

CHAPTER V VII 

PROCEDURE AND TRANSPARENCY 

Article 18 29 

Procedural guarantees and transparency 

1. A decision on an application to obtain or renew a residence permit shall be adopted, and the 
applicant  shall  be  notified  of  it,  within  a  period  that  does  not  hamper  the  pursuit  of  the 
relevant  studies,  whilst  leaving  the  competent  authorities  sufficient  time  to  process  the 
application. 

1. The competent authorities of the Member States shall decide on the complete application 
for  an  authorisation  and  shall  notify  the  applicant  in  writing,  in  accordance  with  the 
notification procedures laid down in the national law of the Member State concerned, as soon 
as possible and at the latest within 60 days from the date on which the application was lodged, 

(cid:216) new 

EN 

55 

   EN 

 
 
and within 30 days in the case of third-country national researchers and students covered by 
Union programmes including mobility measures. 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

2.  If  the  information  supplied  in  support  of  the  application  is  inadequate,  processing  of  the 
application may be suspended and the competent authorities shall inform the applicant of any 
further  information  they  need  (cid:214) and  indicate  a  reasonable  deadline  to  complete  the 
application. The period referred to in paragraph 1 shall be suspended until the authorities have 
received the additional information required  . 

3. Any decision rejecting an application for a residence permit ⌦ an authorisation ⌫ shall 
be  notified  to  the  third-country  national  concerned  in  accordance  with  the  notification 
procedures provided for under the relevant national legislation. The notification shall specify 
the possible  redress  procedures  available, ⌦ the  national  court or authority with which the 
person concerned may lodge an appeal ⌫ and the time limit for taking action. 

4.  Where  an  application  is  rejected  or  a  residence  permit⌦ an  authorisation ⌫  issued  in 
accordance  with  this  Directive  is  withdrawn,  the  person  concerned  shall  have  the  right  to 
mount a legal challenge before the authorities of the Member State concerned. 

Article 19 

Fast-track procedure for issuing residence permits or visas to students and school pupils 

An  agreement  on  the  establishment  of  a  fast-track  admission  procedure  allowing  residence 
permits  or  visas  to  be  issued  in  the  name  of  the  third-country  national  concerned  may  be 
concluded  between  the  authority  of  a  Member  State  with  responsibility  for  the  entry  and 
residence of students or school pupils who are third-country nationals and an establishment of 
higher  education  or  an  organisation  operating  pupil  exchange  schemes  which  has  been 
recognised  for  this  purpose  by  the  Member  State  concerned  in  accordance  with  its  national 
legislation or administrative practice. 

(cid:216) new 

Article 30 

Transparency and access to information 

Member States shall make available information on entry and residence conditions for third-
country  nationals  falling  under  the  scope  of  this  Directive,  including  the  minimum  monthly 
resources  required,  rights,  all  documentary  evidence  needed  for  an  application  and  the 
applicable fees. Member States shall make available information on the research organisations 
approved under Article 8. 

EN 

56 

   EN 

 
 
(cid:208) 2004/114/EC 
(cid:214) new 

Article 20 31  

Fees 

Member  States  may  require  applicants  to  pay  fees  for  the  processing  of  applications  in 
accordance with this Directive. (cid:214) The amount of such fees shall not endanger the fulfilment 
of its objectives.  

(cid:208) 2005/71/EC (adapted) 

CHAPTER VI 

FINAL PROVISIONS 

Article 16 

Reports 

Periodically, and for the first time no later than three years after the entry into force of this 
Directive,  the  Commission  shall  report  to  the  European  Parliament  and  the  Council  on  the 
application of this Directive in the Member States and shall propose any amendments that are 
necessary. 

Article 17 

Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive by 12 October 2007. 

When Member States adopt these measures, they shall contain a reference to this Directive or 
shall  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official  publication.  The 
methods of making such reference shall be laid down by Member States. 

2.  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 18 

Transitional provision 

By way of derogation from the provisions set out in Chapter III, Member States shall not be 
obliged to issue permits in accordance with this Directive in the form of a residence permit for 
a period of up to two years, after the date referred to in Article 17(1). 

Article 19 

Common Travel Area 

EN 

57 

   EN 

 
 
Nothing in this Directive shall affect the right of Ireland to maintain the Common Travel Area 
arrangements referred to in the Protocol, annexed by the Treaty of Amsterdam to the Treaty 
on European Union and the Treaty establishing the European Community, on the application 
of  certain  aspects  of  Article 14  of  the  Treaty  establishing  the  European  Community  to  the 
United Kingdom and Ireland. 

Article 20 

Entry into force 

This  Directive  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official Journal of the European Union. 

Article 21 

Addressees 

This Directive is addressed to the Member States in accordance with the Treaty establishing 
the European Community. 

(cid:208) 2004/114/EC 

CHAPTER VI VIII 

FINAL PROVISIONS 

(cid:216) new 

Article 32 

Contact points 

1.  Member  States  shall  appoint  contact  points  which  shall  be  responsible  for  receiving  and 
transmitting the information needed to implement Articles 26 and 27. 

2.  Member  States  shall  provide  appropriate  cooperation  in  exchanges  of  the  information 
referred to in paragraph 1. 

Article 33 

Statistics 

Annually,  and  the  first  time  no  later  than  [  ]  Member  States  shall,  in  accordance  with 
Regulation (EC) No 862/2007 of the European Parliament and of the Council31, communicate 
to the Commission statistics on the volumes of third-country nationals who have been granted 
authorisations.  In  addition,  and  as  far  as  possible,  statistics  shall  be  communicated  to  the 
Commission on volumes of third-country nationals whose authorisations have been renewed 
or withdrawn, during the previous calendar year, indicating their citizenship. Statistics on the 
admitted family members of researchers shall be communicated in the same manner. 

31 

OJ L 199, 31.7.2007, p. 23. 

EN 

58 

   EN 

 
 
                                                 
The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year 
and shall be supplied to the Commission within six months of the end of the reference year. 
The first reference year shal be […] 

(cid:208) 2004/114/EC (adapted) 
(cid:214) new 

Article 21 34 

Reporting 

Periodically,  and  for  the  first  time  by  ⌦ [five  years  after  the  date  of  transposition  of  this 
Directive] ⌫  12  January  2010,  the  Commission  shall  (cid:214)  evaluate  the  application  of  this 
Directive and  report to the European Parliament and the Council on the application of this 
Directive in the Member States and propose amendments if appropriate. 

Article 22 

Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive by 12 January 2007 They shall forthwith inform the 
Commission thereof.  

When Member States adopt these measures, they shall contain a reference to this Directive or 
shall  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official  publication.  The 
methods of making such reference shall be laid down by Member States. 

Article 23 

Transitional provision 

By way of derogation from the provisions set out in Chapter III and for a period of up to two 
years after the date set out in Article 22, Member States are not obliged to  issue permits in 
accordance with this Directive in the form of a residence permit. 

Article 24 

Time limits 

Without  prejudice  to  the  second  subparagraph  of  Article  4(2)  of  Directive  2003/109/EC, 
Member  States  shall  not  be  obliged  to  take  into  account  the  time  during  which  the  student, 
exchange pupil, unremunerated trainee or volunteer has resided as such in their territory for 
the  purpose  of  granting  further  rights  under  national  law  to  the  third-country  nationals 
concerned. 

Article 25 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

EN 

59 

   EN 

 
(cid:208)  

Article 35 

Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive by [two years after the entry into force] at the latest. 
They shall forthwith communicate to the Commission the text of those provisions. 

When Member States adopt those provisions, 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. 

2.  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 36 

Repeal 

Directives 2005/71/EC and 2004/114/EC are repealed with effect from [day after the date set 
out  in  the  first  subparagraph  of  Article  35(1)  of  this  Directive],  without  prejudice  to  the 
obligations of the Member States relating to the time-limits for transposition into national law 
of the Directives set out in Annex I, Part B. 

References  to  the  repealed  Directives  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

Article 37 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

(cid:208) 2004/114/EC (adapted) 

Article 26 38 

Addressees 

This Directive is addressed to the Member States in accordance with the Treaty establishing 
the European Community ⌦ Treaties ⌫. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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60 

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(cid:207) 

ANNEX I 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 37) 

Directive  2004/114EC  of  the  European  Parliament 
and of the Council 

(OJ L 375, 23.12.2004, p. 12) 

Directive  2005/71/EC  of  the  European  Parliament 
and of the Council 

(OJ L 289, 03.11.2005, p. 15) 

Part B 

List of time-limits for transposition into national law [and application] 
(referred to in Article 36) 

Directive 

Time-limit for transposition 

Date of application 

2004/114/EC 

2005/71/EC 

12.01.2007 

12.10.2007 

_____________ 

EN 

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ANNEX II  

CORRELATION TABLE 

Directive 2004/114/EC 

Directive 2005/71/EEC 

This Directive 

Article 1 (a) 

Article 1 (b) 

- 

Article  2 
wording 

introductory 

Article 1 (a) 

- 

Article 1 (b) and (c) 

Article 
wording 

3 

introductory 

Article 2 (a) 

Article 2 (b) 

Article 2 (c) 

Article 2 (d) 

- 

Article 2 (e)  

Article 2 (f)  

Article 2 (g)  

- 

- 

Article 3 (1) 

Article 3 (2) 

- 

Article 4 

Article 5 

- 

Article 6 (1) 

- 

Article 6 (2) 

Article 3 (a) 

Article 3 (c) 

Article 3 (d) 

Article 3 (e) 

Article 3 (f) and (g) 

Article 3 (l)  

Article 3 (h)  

- 

Article 3 (i)  

Article 3 (m) to (s)  

Article 2 (1) 

Article 2 (2) (a) to (e) 

Article 2 (2) (f) and (g) 

Article 4 

Article 5 (1) 

Article 5 (2) 

Article 6 (a) to (e) 

Article 6 (f)  

- 

EN 

62 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
- 

Article 
introductory wording 

7 

(1) 

Article 7 (1) (a) 

Article 7 

Article  10  (1)  introductory 
wording 

Article 10 (1) (a) 

Article 7 (1) (b) and (c) 

- 

Article 7 (1) (d) 

Article 7 (2) 

- 

Article 8 

- 

Article 9 (1) and (2) 

Article  10  introductory 
wording 

Article 10 (a) 

Article 10 (b) and (c) 

- 

- 

Article 10 (1) (b) 

Article 10 (2) 

Article 10 (3) 

- 

Article 11 

Article 12 (1) and (2) 

Article  13  (1)  introductory 
wording 

Article 13 (1) (a) 

- 

Article 12 (1) (b) 

Article 12 (2) 

Article  11  introductory 
wording 

Article  14  (1)  introductory 
wording 

Article 11 (a) 

Article 11 (b) 

Article 11 (c) 

Article 11 (d) 

Articles 12 to 15 

- 

Article 16 (1)  

- 

EN 

- 

Article 13 (1) (a) 

Article 13 (1) (b) 

Article 13 (1) (c) 

- 

Articles 14, 15 and 16  

Article  20  (1)  introductory 
wording 

Article 20 (1) (a) to (c) 

63 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 16 (2)  

- 

Article  17 
subparagraph 

(1) 

first 

Article  17  (1)  second 
subparagraph 

Article 17 (2)  

Article 17 (3)  

Article 17 (4)  

- 

- 

Article 18 (1) 

- 

Article  18  (2),  (3)  and 
(4) 

Article 19 

- 

Article 20 

- 

Article 21 

Articles 22 to 25 

- 

Article 26 

- 

Article 1 

Article 
wording 

Article 20 (2) 

Article 21 

Article 23 (1) 

Article 23 (2) 

Article 23 (3) 

- 

Article 23 (4) 

Articles 15, 24, 25, 27 

Article 17 

- 

Article 29 (1) 

Article 29 (2), (3) and (4) 

- 

Article 30 

Article 31 

Articles 32 and 33 

Article 34 

- 

Articles 35, 36 and 37 

Article 38 

Annexes I and II 

- 

2 

introductory 

- 

Article 2 (a) 

Article 3 (a) 

EN 

64 

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Article 2 (b) 

Article 2 (c) 

Article 2 (d) 

Article 2 (e) 

Articles 3 and 4 

Article 3 (i) 

Article 3 (k) 

Article 3 (b) 

- 

- 

Article 5 

Article 8 

Article 6 (1) 

Article 9 (1) 

- 

Article 9 (1) (a) to (f) 

Article 6 (2) (a) 

Article 9 (2) (a) 

Article 6 (2) (a), (b) and (c) 

- 

Article 6 (3), (4) and (5) 

Article 9 (3), (4) and (5) 

Article 7 

Article 8 

Article 9 

- 

Article 16 (1) 

- 

Article 10 (1) 

Article 19 (2) (a) 

- 

Article 19 (2) (b) 

Article 10 (2) 

- 

Article 11 (1) and (2) 

Article 22  

Article 
wording 

12 

introductory 

- 

Article 12 (a)  

Article 12 (b) 

- 

- 

Article 12 (c)  

Article 21 (1) 

Article 12 (d)  

Article 12 (e) 

- 

- 

- 

Article 21 (2) 

Article 13 (1)  

Article 26 (1)  

EN 

65 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 13 (2)  

Article 26 (1) 

Article 13 (3) and (5) 

Article 26 (1) 

Article 13 (4) 

- 

- 

Article 26 (2), (3) and (4) 

Articles 14 to 21 

- 

EN 

66 

   EN