Conditions of Entry of Third-Country Nationals for the Purposes of Research, Studies

0480-13

FREQUENTLY ASKED QUESTIONS

Conditions of Entry of Third-Country Nationals for the Purposes of Research, Studies, Pupil Exchange, Remunerated and Unremunerated Training, Voluntary Service and Au-Pairing.

I. BASIC INFORMATION

In a nutshell – why does the Forum consider this directive as relevant for young Europeans and youth organisations?

Right now, young people and youth organisations have the unique opportunity to advocate for a more open Europe. This directive aims at improving the conditions for long-term visa and resident permits. The scope of this Proposal impacts those third country nationals seeking entry into the EU for periods of between 3 months and 12 months, and longer for some groups.

The Youth Forum is convinced that mobility of young people is a vital contribution to intercultural understanding both in Europe and internationally. The freedom to move from one European country to another is a fundamental precondition for ensuring that young people can contribute to European integration and growth3. At a time of global change, young people from outside the European Union have a key role in creating social, cultural and economic links between their countries/regions and the EU. This includes countries in Europe’s neighborhood. Spending time in the EU can allow young people to acquire, and also exchange, knowledge and skills, which can lead to cooperation and links between the EU and third countries.

How can I get involved?

First of all, if you have an opinion, issue your organisation’s position on the Commission’s proposal for the directive. Disseminate it through social media and send it to Forum.

Gathering support of Members of the European Parliament to the European Youth Forum amendments is the core to this campaign in Autumn 2013. Close cooperation between the entire platform is necessary in order to arrive to the desired changes in visa regulations. Most importantly, Member Organisations should personally contact MEPs, by email or phone, or during an arranged visit, asking them to promote, support and sign the amendments.

Send your advocacy email: Dear [NAME OF MEP], Dear [Name of Assistant – it is always good to address the assistant as well],

1 0480-13

I am writing you on behalf of the [NAME OF ORGANISATION] regards to the European Commission’s Proposal on the Conditions of Entry of Third-Country Nationals for the Purposes of Research, Studies, Pupil Exchange, Renumerated and Unrenumerated Training, Voluntary Service and Au-Pairing.

Though we welcome the improvements that the Commission proposes and appreciate that the European Parliament Draft Report by the LIBE Committee which had already gone a step further in outlining the necessary rights and conditions of applicants, we identified many barriers that would still remain for young people, such as economic challenges resulting from high visa fees, technical encounters through long waiting times and untransparent appeals or social issues rising through a lack of resident permits.

Therefore please find attached an outline of proposed amendments as well as the reaction of [NAME OF ORGANISATION] and the European Youth Forum.

Please do not hesitate to contact us in case you have got any further questions

Sincerely [Name and name of Organisation] DON’T FORGET TO ATTACHEMENTS! [document 0477-13]

Issue you organisation’s position on the Commission’s proposal for the revision of the directive. Disseminate it through social media and send it to Youth Forum. Contact MEPs. In particular: · The Rapporteur (Cecilia Wikström) · Members of the LIBE Committee · Members of the European Parliament from your home state Contact officials in the Home Affairs department of your national government or in your national government’s permanent representation to the EU.

Let the European Youth Forum know when you contact either MEPs or national officials so we can map the Advocacy efforts! Write to [email protected]

Why does the Youth Forum work on the topic of Mobility? The European Youth Forum Work 2013/14 plan mandates the Forum to promote the rights to mobility for young people through sustained advocacy on the topic of visa and residence permit liberation. More concretely the Forum works to include a new visa category for all types of youth exchange, volunteering and youth work activities as well as ease administration procedures for issuing visas and residence permits for non-EU pupils, students and volunteers coming to the European Union in revision of the EC Directive 2004/114.

2 0480-13

II. EVERTHING YOU SHOULD KNOW

More concretely – what is the background of the new proposal of the European Commission? The European Commission proposes to merge two directives, the so-called ‘students directive’ and the “researchers directive”, both regulating long-term visa processes. The Commission proposes to create a new framework, aimed at improving the conditions for EU visa regulations for third country nationals entering the EU for research, study, traineeship, au pair, pupil exchange and volunteering.

This framework consists of:  Directive 2004/114/EC on students, which sets out mandatory rules for the admission of non-EU national students, with an option for Member States to apply the Directive for school pupils, volunteers and unremunerated trainees. If they fulfill the conditions, students are entitled to a residence permit, have certain rights with regard to employment or self-employment which allows them to cover a part of the cost of their studies as well as limited rights to intra-EU mobility in order to pursue their studies in different Member States.  Directive 2005/71/EC on researchers, which provides for a fast-track procedure for the admission of non-EU national researchers who have signed a hosting agreement with a research organisation approved by the Member State. The hosting agreement confirms the existence of a valid research project, and that the researcher has the necessary scientific skills to complete the project as well as sufficient resources and health insurance. Researchers can teach and can go to another Member State for up to three months as part of their research project.

What are the shortcomings of the current legislation? The implementation of the “students directive” showed a number of weaknesses. These shortcomings concern key issues such as admission procedures including cost, rights and procedural safeguards for obtaining residence permits and visas. Most of the shortcomings are due to the fact that the provisions were mandatory only for the target group of students and optional for the target groups of pupils, unremunerated trainees and volunteers.

What are does the new directive propose?  New targets: researchers, remunerated trainees, au-pairs.  Mandatory provisions for all targets  The deadline for Member states to take a decision on admission in 30 days for researchers and university students on EU programmes, while it is 60 days for the other targets  Successful visa applicant shall be granted a long-stay visa and/or a residence permit within the territory of the state where the application has been made (this is to avoid that applicants first need to get a visa and then a residence permit on arrival)

3 0480-13

 Increased information and transparency, procedural guarantees such as written reasons for a decision, rights of appeal.  Elimination of the option of a fast track procedure for visas for other targets than students and researchers.  Proportionate fees to the purpose of the stay - amount of fee should not endanger the fulfillment of the Directive’s objectives

What are the shortcomings of the proposal?

Key demands  Maximum 60 days for a reaction on an appeal from a decision;  Abolition of visa fees;  Visas should be granted for the entire territory of the EU/Schengen  Area;  Immediate implementation by all Member States of the provisions of  the Directive, without derogations;  Automatic and timely provision of residence permits for the full period  of any granted visa;  An accreditation system for organisations that facilitates and eases the  application.

Who are the key players on European level?  THE EUROPEAN COMMISSION: DG Home Affairs of the European Commission is one of the key players in the review. The Commission’s views on the Directive are set out in its legislative proposal.  THE EUROPEAN PARLIAMENT: In the European Parliament, the Rapporteur (Cecilia Wikström) the Civil Liberties, Justice and Home Affairs Committee, or “LIBE” Committee are key players. The Legal Affairs Committee and Employment and Social Affairs Committee are also involved because they will prepare advisory opinions.  THE COUNCIL The Justice and Home Affairs configuration of the Council of the European Union is also important. The Justice and Home Affairs departments of the EU’s Member States will be represented in the Council.  The views of the other key players (like the European Parliament and the Council) will become clearer over time.  What is the timeline towards the adoption of the directive? a) European Commission The Commission already presented its proposal, but was working closely with civil society before launching it. Before presenting the proposal the European Commission held a public Consultation on the Directive. The European Youth Forum submitted an input to the Consultation, and so did several MOs (EEE- YFU position, EFIL's position or ESN position) On 25 March 2013, the Commission published a proposal (2013/0081(COD)) for a new Recast Directive (ie. a Revised version of the Directive). An Impact Assessment and summary were published at the same time.

4 0480-13 b) The European Parliament: The European Parliament will go through a process of examining and amending the Commission’s proposal for the Recast Directive:  The Rapporteur made a presentation of the Report in the LIBE Committee (8/9 July)  The Members of the LIBE Committee have the right to submit amendments and comments, so do the so-called “Shadow rapporteurs” (Deadline 10th September).  The Plenary reading: The reading of the report in the plenary is foreseen for January.  If the Council delays the trialogues (negotiation between Council, Commission and Parliament), then the parliament will only adopt a position for the next mandate to follow up on. c) The Council of the European Union: The Council of the European Union (made up of representatives of the Member States) will also go through a process of examining and amending the Commission’s proposal for the Recast Directive. Several different versions of the Recast Directive (known as Presidency Compromises) will be published until the Council agrees on a General Approach. The Trilogues will then begin – the Parliament and the Council will negotiate with each other based on their versions of the Recast Directive. Once the Council and the Parliament come to a Political Agreement on the new text, the Recast Directive will be published in the Official Journal of the European Union and become law.

How does the directive influence the various target groups?

Researchers:  family admission is more favourable, as well as access to labour market by family members.  simplifies intra-EU mobility, also for the family of the researcher  right to stay in the country to identify work opportunities for a period of 12 months, upon completion of relevant authorisation procedures. The members state can ask for proof of looking for a job.  permission of at least one year  social security University students:  simplifies intra-EU mobilty  right to work part time - 20 hours per week (10 hours in previous directive)  right to stay in the country to identify work opportunities for a period of 12 months, upon completion of relevant authorisation procedures. The member states can ask for proof of looking for a job.  permission of at least 1 year Pupils  must follow a recognised programme of secondary education in the context on an exchange operated by an organisation recognised for

5 0480-13

that purpose by the member state in accordance with the national legislation and administrative practice.  not be below the maximum age set by the member state  provide evidence of acceptance by a secondary school  provide evidence that the pupil exchange organisation accepts responsibility (subsistence, study, health care, return travel costs)  be accommodated in a host family selected according to the organisation’s and Members state’s rules.  Member states may limit the admission of pupils to reciprocity  permission of max 1 year  Voluntary service:  must follow a recognised voluntary service scheme.  produce an agreement with the organisation responsible for the voluntary scheme s/he is participating i.e, (tasks, conditions, working hours, travel costs, subsistence, accommodation, pocket money, training)  provide evidence that the voluntary organisation has subscribed to a third party insurance policy  if the host country requires it, receive introduction to the language, history, political and social structure of that State.  permission of max 1 year Au pairs:  including this target in the directive is a solution to the unratified European Agreement on ‘’au pair’ Placement of 1969 by the Council of Europe.  increased levels of protection  evidence that host family accepts responsibility for subsistence and accommodation, plus an agreement defining rights and obligations must be signed.  permission of max 1 year Trainees:  remunerated and unremunerated ones are now treated in the same way  increased levels of protection for remunerated trainees in order to ensure that they are not used as ‘cheap labour’.  permission of max 1 year

III. DOCUMENTS AND LINKS

Where can I find the text of the Commission proposal? Please find the details on the Commission proposal and further elaborations in the links below. Commission Proposal: http://ec.europa.eu/dgs/home-affairs/e- library/documents/policies/immigration/study-or- training/docs/students_and_researchers_proposal_com_2013_151_en.pdf Press Release of the Commission: http://europa.eu/rapid/press-release_IP- 13-275_en.htm

6 0480-13

Q&A Memo of the Commission: http://europa.eu/rapid/press-release_MEMO- 13-281_en.htm At various times, further information may be available on the Visa and Education sections of the Commission’s website.

Where can I find the Report of the European Parliament on the Commission proposal? European Parliament Draft Report: http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/pr/942/9 42027/942027en.pdf The relevant page of the legislative observatory, here. The LIBE Committee’s webpage, here.

What was the official European Youth Forum, Members and partners reaction to the Commission proposal?  The European Youth Forum’s response to the Commission’s proposal for the Recast Directive can be found here.  Additionally EEE-YFU and EFIL, the European umbrella organisations of the international pupil exchange organisations YFU and AFS, have published a joint reaction, which can be found here  EUCIS-LLL, the European Civil Society Platform for Lifelong Learning reacted to the Commission’s proposal with a position which can be found here

Where can I find information on the Youth Forum amendments to the European Parliament Report? Please find the amendments as part of the Tool Kit and do not hesitate to contact Magdalena Kurz in the Youth Forum Secretariat ([email protected]).