On May 23 2018, the Netherlands has implemented the European Directive (EU) 2016/801. The Directive combines the Study Directive (2004/114/EC) and the Research Directive (2005/71/EG), adds several groups to them and replaces these 2 Directives. The Study Directive and Research Directive will be repealed with effect from 24 May 2018. This means that the new Research Directive is applicable for new incoming researchers and researchers already at VU in possession of a residence permit as a (guest) researcher as of May 23, 2018.
Unfortunately not all member states have already implemented the Directive. Only the Netherlands, Germany, Hungary, Luxembourg and Portugal take part. The UK, Ireland, Denmark and Switzerland have excluded themselves.
Consequences
Intra EU mobility
The rules relating to mobility within the European Union (so-called intra-EU mobility) will be simplified for students and researchers from third countries. Third-country nationals can make use of intra-EU-mobility if they demonstrate that they meet the applicable conditions. There are two types of mobility:
- Short- term mobility: a stay not exceeding 180 days (in a period of 360 days) in another Member State of the European Union. The researcher does not need to apply to the Member State concerned for a residence permit. However, the receiving host institution is obliged to inform the immigration authorities.
- Long-term mobility: a stay of more than 180 days in another Member State of the European Union. The researcher must apply to the Member State concerned for a separate residence permit.
In case of outgoing researchers, VU is obliged to inform IND 30 days before departure.
Part-time jobs for students
Up till now, international students with a residence permit for study purposes, were allowed to work a maximum of 10 hours a week or full time during the summer holiday (June, July, August). With the implementation of the new Directive, students are allowed to work a maximum of 16 hours a week, or full time in summer, provided they have a work permit (TWV).
Other practicalities
As said, the new Directive has not yet been implemented in all EU member states. States who do not participate, still follow the ‘old’ rules. Furthermore, it is very important that a researcher wanting to use the intra EU mobility, reports this to the International Office of VU at least one month before departure. The International Office needs to inform IND in time to ensure the outgoing researcher will encounter no difficulties with the immigration authorities in the receiving country. This notification is part of an obligatory EU registration of researchers mobility. The procedure for submitting an application at the International Office for visa / residence and work permits for international employees and guests, does not change. Applications need to be received by the International Office two months prior to the starting date.
In case of questions, please do not hesitate to contact the International Office at immigration@vu.nl.