13 A. Overzicht vragen en reacties enquête ministeries van Onderwijs EU-lidstaten

1

Please give the reference number, the title, the serial number and the publication date of the law, national decree or government regulation to implement the Student Directive in your country.

N/A

Council Directive 2004/114 was transposed to the Act of 13 June 2003 on Foreigners (Consolidated text Journal of Laws of 2006, No 234, item 1694, as amended) by the Act of 13 April 2007 amending the Act on Foreigners and other acts (O.J. of 2007, No 120, item 818).

2

What is the date the national law to implement the Student Directive as meant in Q1 came into force?

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28. August 2007

01-10-2010

N/A

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As last amended on 8 December 2011.

01.01.2006

20-07-2007

4th of July 2007

3

In what way the process of implementation of the Student Directive was carried out in your country?

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It was discussed publicly/in a broad public debate (in the media). It was debated in parliament.

It was debated in parliament. The government has asked the educational institutes to put forward proposals for implementation of the conditions of the Directive.

It was debated in parliament. A committee consisting of experts from the educational institutes advised on the implementation of the Directive.

It was debated in parliament. The government has asked the educational institutes to put forward proposals for implementation of the conditions of the Directive.

It was debated in parliament. The government has asked the educational institutes to put forward proposals for implementation of the conditions of the Directive.

It was debated in parliament. Before the debate in Parliament the proposal of the act was available on website of Ministry of Interior and Public Administration in order to provide public consultation.

The Directive was not specifically discussed as it was included in a new Immigration Law that launched a large national debate. All Portuguese laws are debated in Parliament-

It was discussed publicly/in a broad public debate (in the media). It was debated in parliament. A committee consisting of experts from the educational institutes advised on the Implementation of the Directive Other: interministerial comments procedure was carried out.

4

Do you have regulations or practices from the higher education institutions themselves in your country, in addition to the legislation meant in Q1?

Yes

No.

Yes. In 2006 an Agreement on Good Practice in Internationalisation of Higher Education (was initiated by the Rectors’ Conference of Estonia) was signed by the public universities. In the following years also some private universities and institutions of professional HE joined the agreement. This is the Code of Conduct. The central information portal www.studyine stonia.ee provides information about these topics. Universities that welcome international students have regulations, organised information flows to provide relevant information to the interested parties.

Yes.

No.

Yes.

No, but there are recommendations in addition to the legislation by the Federal Ministry of Science and Research.

We do not posses such information. However higher education institution may regulate their own practices concerning the information provided to foreign students.

No, to our knowledge.

Yes.

5

The higher education institutions in Denmark have developed two codes of conduct: The eight universities have agreed on a code of conduct for offering university programmes to international students. The code of conduct is a supplement to existing Danish legislation. http://www.dkuni.dk/Internationalt/~/~/media/EAF3BA3FFA4A4A23A7511EF8D2EE17B0.ashx The University Colleges and Academies of Professional Higher Education have also developed a Code of Conduct: http://www.ucdk.dk/da/images/stories/internationalt/code_of_conduct_eng.pdf

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Institutions have their own guidelines that are based on relevant legal acts.

The Irish higher education institutions have developed a voluntary code of conduct for institutions recruiting international students – Provision of Education to International Students: Code of Practice and Guidelines for Irish Higher Education Institutions. It was published by the Irish Higher Education Quality Network in 2009 and is a voluntary code to which the majority of Irish Higher education institutions have subscribed. It is available at http://www.iheqn.ie/_fileupload/File/IHEQN_62439738.pdf.

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ENIC NARIC AUSTRIA

Not available.

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There exist some guides for international students published by the HEIs and Slovak Academic Informational Agency: E.g.: http://www.saia.sk/_user/documents/publikacie/Intl_students_guide_2010.pdfhttp://www.uniba.sk/fileadmin/user_upload/editors/ENG_web/international_relations/erasmus_broshure.pdfhttp://www.uniag.sk/english/studguide/guide.htmlwww.fhv.umb.sk/app/cmsFile.php?disposition=a&ID=493http://www.ies.stuba.sk/pdf/foreignStudentsGuide.pdfhttp://www.utc.sk/document/GUIDE_studentEN.pdf.

6

What was the reason to transpose the Student Directive into government regulations in your country, and not (partially) into regulation by the higher education institutions (selfregulation) as well? Please skip this question if you have answered ‘Yes’ in Q4.

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Government regulation was favoured above regulation by he educational istitutes. Other: parts of the students directive had to be transposed in law.

All issues concerned to aliens staying in Estonia are regulated in the Aliens Act. This is the reason why Student Directive was transposed into the alien’s law instead of educational law/regulations.

N/A

To promote the recruitment of international students.

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Austrian higher education institutions do not act autonomously in admission matters/ procedures.

The reason to transpose the Directive to the Act on Foreigners is the above mentioned act determines rules and conditions of entry into, stay in and departure from the territory of the Republic of Poland.

In Portugal visas are a matter that is of the responsibility of the Ministry of Internal Affairs and the Ministry of Foreign Affairs. Higher Education Institutions have been developing good practices in trying to facilitate this process as much as possible, but there is no specific regulation.

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7

In what way is supervision of compliance with the conditions of the Student Directive organised in your country?

Supervision has been arranged partially by government and partially by the higher education institutions.

Government supervises compliance.

Supervision has been arranged partially by government and partially by the higher education institutions. Note: Residence permit applications are submitted to the embassy who forwards these to the Police and Boarded Guard for processing. Certain conditions for the residence permit are checked by the education institutions (i.e. sufficient knowledge of language - There is a decree adopted by the Minister of Education and Research to set the requirements of aliens’ study language skills. The Ministry of Education and Research is allowed to control/supervise the compliance of these requirements.)

Not quite applicable. But the current [and probable future practice (under the upcoming Qualification and Quality Assurance Bill)] includes both government and institutional supervision.

Supervision has been arranged partially by government and partially by the higher education institutions.

The higher education institutions themselves supervise compliance.

Supervision has been arranged partially by government and partially by the higher education institutions.

Higher Education Institutions (HEI) send a letter confirming the student has been accepted in a specific higher education course, has paid its tuition fees and indicating what will be the supposed duration of the student stay in our country for this purpose. This acceptance must be annually renewed and will be followed by our Boarder Authorities (Serviço de Estrangeiros e Fronteiras). HEI also frequently assist students with national formality requirements.

The higher education institutions themselves supervise compliance.

8

In article 2 of the Student Directive a higher education institution is defined as: ‘... 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 …’. In what way has the condition of administrative practice been transposed in your country? practice …’. In what way has the condition of administrative practice been transposed in your country?

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X

In Estonia, all higher education institutions are allowed to admit international students on the basis of the state-recognised higher education curriculum. Since 2009 Estonian quality assurance system consists of: 1) the evaluation of study programme groups, and 2) institutional accreditation. Before the system was based on the accreditation of study programmes. Since 2012 all higher education institutions should be staterecognised to conduct studies in a certain study field (study program group).

In order for non-EEA students (staying over 90 days) to register as students in Ireland they must be accepted as full-time students on a course included in the Internationalisation Register of courses maintained by the National Qualifications Authority of Ireland (www.nqai.ie ). The current student immigration regime differentiates between Degree programmes and non-Degree programmes (such as Language courses) and is course specific, rather than simply institution based. (see Q3 link http://www.inis.gov.ie/en/INIS/Guidelines%20for%20Colleges%20-%20August%202011.pdf/Files/Guidelines%20for%20Colleges%20-%20August%202011.pdf

By process of licensing and accreditation.

International offices are allowed to admit internationals students. They are recognised by administrative practise.

In Austria only national legislation defines Accreditation Status of HEI.

Our legislation does not refer to ‘administrative practice’. All HEI have to be officially recognised.

Every HEI is allowed to admit international students. Admission of international students does not depend on type of HEI (public/state/ private; university/ non-university/ professional HEI).

9

The residence permit of a foreign student granted for studies in higher education may not be extended or may be withdrawn in case the international student does not show satisfactory results in accordance with national legislation or administrative practice. In what way has this condition of administrative practice been transposed in your country?

It is a condition for the residence permit that students are active and enrolled in the educational programme. If this is not the case, the Immigration Service can revoke the student’s residence permit. The educational institution is obliged to inform the Immigration Service if the student is not actively following the educational programme.

X

According to the Aliens Act § 170(1) a residence permit for study may be issued to an alien for a period of up to one year but not longer than the estimated duration of the studies. (2) The temporary residence permit for study may be extended by one year at a time if an alien continues his or her studies. And according to the § 173 of the same act, a temporary residence permit for study shall be annulled if a student has terminated his or her studies or has failed to perform to a significant extent an obligation arising from Aliens Act or X any other legislation. Thus the requests for the residence permit of foreign students are checked over every year. Whether a student has not shown positive study results, the residence permit is not extended. This requirement is set for all foreign students (including students from EU). Estonian legal acts do not allow evaluating the study advancement of foreign students differently from local students.

Student registration with the immigration authority (GNIB) is on an annual basis. Second and subsequent registration requires confirmation from the college that ‘the student is making verifiable academic progress and has progressed to the next year of the course’. Further detail see: http://www.inis.gov.ie/en/INIS/Guidelines%20for%20Colleges%20-%20August%202011.pdf/Files/Guidelines%20for%20Colleges%20-%20August%202011.pdf.

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The study-progress certificate (Studienerfolgsnachweis) is regulated by law. It consists of 3 elements: Certificate of performance (at least 16 ECTS per year), length of study programme, possible change of study programmes.

Pursuant to article 57 (1a) of Act on Foreigners a foreigner shall be refused a subsequent residence permit for a fixed period for the purpose of studies also if he/she has failed to complete the year of studies and has not obtained a conditional entry for another year or semester of studies. Standards for acceptable progress in the studies are regulated and assessed by higher education establishments, which decide whether the student is able to complete the year of studies or can be granted a conditional entry for another year or semester of studies.

Student may be expelled from the study as a result of failure to meet requirements following from the study programme and the study rules of the higher education institution. HEI is obligated to forward this information to the Police. Thus the reason for residence permit is terminated.

10

What was the average duration in your country for processing an application for a residence permit by students from outside the EU in 2005 and 2010 in weeks (approximately)?

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These figures are not available.

Exact data not available. The overall general processing time for all types of residence permit is in average 1 month. In 2005, the maximum time for handling the correctly fulfilled application was 12 weeks (3 months), in 2010 respectively 8 weeks (2 months).

N/A

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Information is not available.

In 2005 and 2010 the average duration was at the most 12 weeks.

We do not monitor the duration of procedures for granting residence permits for fixed period of time. However we can asses that the average duration is approximately 2, 5 month.

Law 23/2007 refers under article 82º a 60 day deadline, but, as mentioned in Q1, Portaria 208/ 2008, a maximum delay for the decision on a visa is established to 30 days for students participating in European Union Programmes promoting mobility to the European Union or to Community of Countries of Portuguese Language.

In 2005 the average duration was 8 weeks and in 2010 the average duration was 3 weeks.

11

What measures have been taken in the past years and which improvements have been made to fasten the procedure (in 2010 compared with 2005)? Please skip this question when the average duration was shorter in 2010, than it was in 2005 (see Q10).

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-

N/A

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-

-

Information on requirements to grant residence permit for the purpose of studies is provided on website of our Office – www.udsc.gov.pl Under art. 62a of the Act on Foreigners, when granting the residence permit for a fixed period for the purpose of studies, the date of commencement of the studies provided for by the program of the studies shall be taken into account.

We believe that the establishment of the above mentioned duration must have accelerated the procedure.

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12

What is the cause the average duration for processing an application for a residence permit in 2010 was not any shorter than it was in 2005? Please skip this question when the average duration was shorter i\n 2005, than it was in 2010 (see Q10).

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-

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N/A

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-

-

We do not have this information.

The average duration in 2010 was shorter than in 2005.

13

In 2010, have the procedures for granting residence permits to foreign students been simplified for the student, when compared to the procedures in 2005?

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Procedures for the student have not been simplified nor have they become more difficult.

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N/A

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Yes, in 2010 the procedures for granting residence permits to foreign student have been simplified for the students, compared in 2005.

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Since 2005 the procedures has not been simplified. Referring to facilitation of admission procedures concerning students we can indicate that pursuant to article 53. (1). (4) of Act on Foreigners the residence permit for a fixed period shall be granted to a foreigner who takes part in training and internships implemented under the European Union programmes. These foreigners are exempt from requirements to provide documents confirming health insurance and sufficient financial means to cover costs of subsistence, costs of studies and travel back costs Above mentioned regulation was introduced in 1997.

Yes.

Yes.

14

Can you explain your answer at Q13? For what reason the procedures for granting residence permits to foreign students have been simplified in 2010/become more difficult for the student in 2010, when compared to the procedures in 2005?

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-

-

-

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In 2005 visa was granted for 6 months, while residence permit granting has been considering for more than half year. Since 2010 visa has been granted for a longer term in case the foreigner could get his residence permit while he/she is in Lithuania.

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Until Law 23/2007, students were admitted under a Study Visa that could be extendable (art. 35º of Law 34/ 2003 of the 25th of February: http://www.sef.pt/portal/V10/EN/aspx/legislacao/legislacao_detalhe.aspx?id_linha=4198#0). In August 2007 the new regime entered in force and students became holders of Residence Permits (articles 91 to 94 of Law 23/ 2007).

The maximum processing period was shortened from 90 days to 30 days in case of students. Possibility to apply for residence permit for the purpose of study also at the Foreign Police Office in the territory of the Slovak Republic was introduced in addition to the application at the respective Embassy of the Slovak Republic abroad. Proof of health insurance coverage on the territory of the Slovak Republic has to be submitted to the Foreign Police Office within 30 days after granting the residence permit instead of submission of this proof with the application for the residence permit already. Students coming to the Slovak Republic for the purpose of study for period shorter than 90 days are not re quired to obtain a residence permit at all.

15

The Student Directive allows for Member States to conclude agreements with the higher education institutions regarding fasttrack entry procedures, so that foreign students can apply for visa and residence permits. Are there in your Member State such fasttrack entry procedures alongside the regular rocedures?

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No. No fasttrack procedures exist for foreign students alongside the regular procedures.

No.

Yes

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No.

No.

Yes, but locally. As a kind of agreement on fasttrack entry procedures we can indicate a cooperation between Lower Silesian (Dolnośląski) Voivode and Wroclaw University of Technology and Wroclaw University. Territorial governmental authority (voivode) verifies the criteria of admission to Polish territory for the purpose of studies with cooperation with above mentioned higher education establishments. The agreements do not determine time limits to issue a decision on residence permit for fixed period but in practice the time limit of the issuance of the decision is 30-35 days.

Yes. The Border Authorities have signed with a number of HEI protocols that foresee simplified procedures for foreign students that enroll in these PT HEI.

Yes.

16

For what reason the fast-track procedures as meant in Q15 do not exist in your country? Please skip this question if you have answered ‘Yes’ in Q15.

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-

Generally, for studying in Estonia, students apply for the residence permit from the Embassy. In some cases, students find out about their possibility to study in Estonia too late for applying to the residence permit and therefore visa is issued. This enables to start studying immediately and residence permit can be applied when the studies have already started.

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-

-

-

-

-

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17

Do thirdcountry nationals need a visa before they can study in your country, after having studied in another EU Member State with a residence permit for studies?

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No. A student who wishes to study in Estonia needs to have a legal basis to stay in Estonia, regardless whether they have studied in another EU Member State or not (Estonian visa, residence permit or Schengen state visa, residence permit).

Yes

Yes

No, while he/she is legal in EU.

No, if the student has a valid residence permission in another EU-Member State.

If a foreigner holds a valid residence permit issued by Schengen area member state he/she is entitled to enter to and stay in Poland pursuant to rules determined in Convention implementing Schengen agreement.

Yes – Article nº 91 n.3 of Law 23/2007. This was also mentioned in p. 6 footnote 12 of the Directive application Report COM(2011) 587 final.

No.

18

What was the amount of fees, charged for an application for a (visa or) residence permit for studies in higher education in your country in 2005 and 2010 (approximately)?

A processing fee will normally need to be paid when a foreign national applies for a residence permit, an extension of a residence permit and for a permanent residence permit in the areas of family reunification, studies and work. Furthermore, a processing fee will normally need to be paid if a person wishes to appeal a decision or request that a case be reopened. The regulations regarding processing fees apply to applications submitted from 1 January 2011. The fee for student application is 1600 DKK = € 216.

2010: annual registration fee for students is €150.

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At the moment Visa fee is € 60, residence permit fee is € 140.

In 2010 the amount of fees was € 120,-.

In 2005 the amount of fees was [we do not have this information] and in 2010 the amount of fees was € 63, 10.

In 2005 the amount of fees was € 99, 50 and in 2010 the amount of fees was € 99, 50.

19

Were the charged amounts as meant in Q18 higher than the administrative costs?

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-

Charge for administrative cost to process an application and to print an ID 1 form document (residence permit card).

N/A

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The fee meant to cover administrative costs ant part of the Immigration service costs.

The fees are lower than the administrative costs.

Stamp duty for granting a residence permit for fixed period comprises the costs of application’s consideration.

We do not have this information.

No.

20

In the past years, have there been any incidents in your country or did any problems occur regarding the Student Directive or the own regulations or practices of the higher education institutions?

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No, such problems did not occur.

Yes, such problems occurred occasionally. Note: There have been problems of recognition of qualifications with foreign students from outside EU.

Yes, such problems occurred occasionally.

No, such problems did not occur.

No, such problems did not occur.

Yes, such problems occurred occasionally.

Yes, such problems occurred occasionally.

Yes, such problems occurred occasionally.

No such problems recorded.

21

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Educational institutes recruited foreign students without the proper qualifications (preliminary courses, language requirement). Foreign students who dropped out early and wanted to go/went back to their home country. Foreign students who disappeared from the educational institute’s records.

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Foreign students who turned out to be working instead of studying. Foreign students who asked for asylum. Foreign students who disappeared from the educational institute’s records.

Occasionally occur cases when foreigners fail to get promotion to subsequent semester or year of course of studies and under art. 57 (1a) of Act on Foreigners they are refused a subsequent residence permit.

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22

Since the implementation of the Student Directive, have there been incidents or problems regarding the interpretation of the Directive or execution and compliance with the conditions implemented in national legislation submitted before a court in your country?

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No.

No.

N/A

No.

No.

No.

No.

We do not have this information.

No such problems recorded.