Codes en convenanten: (zelf)regulering van studentenmigratie naar Europa
Einde inhoudsopgave
Codes en convenanten (SteR nr. 20) 2014/13 A.:13 A. Overzicht vragen en reacties enquête ministeries van Onderwijs EU-lidstaten
Codes en convenanten (SteR nr. 20) 2014/13 A.
13 A. Overzicht vragen en reacties enquête ministeries van Onderwijs EU-lidstaten
Documentgegevens:
mr. A.G.D. Overmars, datum 01-01-2014
- Datum
01-01-2014
- Auteur
mr. A.G.D. Overmars
- JCDI
JCDI:ADS356584:1
- Vakgebied(en)
Onderwijsrecht / Hoger onderwijs en wetenschappelijk onderzoek
Bestuursrecht algemeen / Europees bestuursrecht
Toon alle voetnoten
Voetnoten
Voetnoten
Duitsland is medio 2011 gebruikt als testcasus en heeft om die reden een vragenlijst toegezonden gekregen die iets afwijkt van de latere definitieve enquête. Mede om die reden passen de gegeven antwoorden niet geheel in dit format of zijn sommige vragen niet aan Duitsland voorgelegd, zodat de antwoorden ook ontbreken.
Deze functie is alleen te gebruiken als je bent ingelogd.
Question
Denemarken
Duitsland1
Estland
Ierland
Letland
Litouwen
Oostenrijk
Polen
Portugal
Slowakije
Zweden
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.
Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet (Aufenthaltsgesetz - AufenthG), geändert durch Artikel 1 Gesetz zur Umsetzung aufenthalts- und asylrechtlicher Richtlinien der Europäischen Union vom 19.08.2007 (BGBl. I S. 1970), latest Version from 23. Juni 2011 (BGBl. I S. 1266)
www.gesetze-im-internet.de/aufenthg_2004/JNR195010004.html
Aliens Act (Välismaalaste seadus), passed 09 December 2009, RT I 2010, 3, 4
Reference to the translated act:
http://www.legal-text.ee/et/and-me-baas/tekst.asp?loc=text&dok=XXXXXX14&keel=en&pg=1&ptyyp=RT&tyyp=X&query=v%E4lismaalaste+seadus.
N/A
References to Student Directive Are given in the following national acts:
-29.10.1998. Law ‘Education Law’, published on 17.11.1998., last amendments on 15.12.2011.
-02.11.1995. Law on Institutions of Higher Education, published on 17.11.1995., last amendments on 15.12.2011.
-10.10.2006. Cabinet Regulations No .846 ‘Regulations on requirements, criteria and procedures for admission to study programmes’, published on 27.10.2006
www.likumi.lv
Reference number: No. IX. Title: REPUBLIC OF LITHUANIA L A W O N THE LEGAL STATUS OF ALIENS.
Serial number and publication date: 8 December 2011 – No 1786.
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=416015.
Niederlassungs- und Aufenthaltsgesetz, Federal Law Gazette I No. 100/2005 (Establishment and Residence Act, available only in German)
Universitätsgesetz – UG,
Federal Law
Gazette I No. 120/2002
(Universities Act).
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).
The Directive was implemented through Law 23/2007 dating of the 4th of July 2007 (Lei 23/ 2007, de 4 de Julho):
http://www.sef.pt/documentos/56/NOVA%20LEI%20ESTRANGEIROS.pdf English versions:
http://www.sef.pt/portal/V10/EN/aspx/legislacao/legislacao_detalhe.aspx?id_linha=4751#0
Additionally, through the following regulation dating of the 27th February 2008, 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:
http://dre.pt/pdf1s/2008/02/04100/0130501305.pdf.
(1) Act No. 131/2002 Coll. on Higher Education Institutions, and on amending and supplementing certain other laws as amended (amendment No. 363/2007 Coll. published 9. VIII. 2007):
http://www.zbierkask/zz/predpisy/default.aspx?PredpisID=207615&FileName=zz07-00363-0207615&Rocnik=2007
(2) Act No. 245/ 2008 Coll. on Upbringing and Education (The School Act) (published 2. VII. 2007):
http://www.zbierkask/zz/predpisy/default.aspx?PredpisID=208259&FileName=zz2008-00245-0208259&Rocnik=2008
(3) Act No. 282/2008 Coll. on Support of Youth Work and on the amending and supplementing of Act No. 131/2002 Coll. (published 31.VII. 2008): http://www.zbierka.sk/zz/predpisy/default.aspx?PredpisID=208297&FileName=zz2008-00282-0208297&Rocnik=2008
(4) Act No. 404/ 2011 Coll. on the Residence of Aliens and Amendment and Supplementation of certain Acts (published 22. XI. 2011):
http://www.zbierka.sk/zz/predpisy/default.aspx?PredpisID=210523&FileName=zz2011-00404-0210523&Rocnik=2011.
The conditions for being granted a residence permit for academic studies are stipulated in the Aliens Ordinance, Chapter 4 Section 5. The general main rules for entering and staying in Sweden shall be met as well (e.g. a valid passport, applying for and being granted the residence permit before entering Sweden).
In most parts the Swedish legislation and established practice already met the mandatory provisions in the Directive. Thus the implementation did not call for any major amendments in the Aliens Act (SFS 2005:716) nor in the Aliens Ordinance (SFS 2006:97).
The requirement of a comprehensive health insurance was added to the latter. Not to constitute a threat to public health was also a new criterion.
Acceptable study progress as a condition for extension of the residence permit was already established practice but was now incorporated in the Ordinance. A provision regarding the withdrawal a residence permit for studies was introduced in the Aliens Act, chapter 7.
All adopted laws and ordinances are published in the Swedish Code of Statutes (Svensk Författningssamling, SFS). The amendments in the Act and the Ordinance were published June 7, 2006 (SFS 2006: 447) and January 9, 2006 (SFS 2006:1578). The Aliens Act and the Aliens Ordinance are available in English on the Swedish governments website. http://www.sweden.gov.se/content/1/c6/06/61/22/bfb61014.pdf and http://www.sweden.gov.se/content/1/c6/07/56/18/7cbd265a.pdf.
2
What is the date the national law to implement the Student Directive as meant in Q1 came into force?
-
28. August 2007
01-10-2010
N/A
-
As last amended on 8 December 2011.
01.01.2006
20-07-2007
4th of July 2007
(1) 01-09-2007
(2) 01-09-2008
(3) 01-09-2008
(4) 01-01-2012
The amendments entered into force 1 January 2007 (Act) 1 February 1, 2007 (Ordinance).
3
In what way the process of implementation of the Student Directive was carried out in your country?
-
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.
The most recent Immigration Regime for Full-Time Non-EEA Students (August 2011) are available at http://www.inis.gov.ie/en/INIS/Guidelines%20for%20Colleges%20-%20August%202011.pdf/Files/Guidelines%20for%20Colleges%20-%20August%202011.pdf
The Irish government is currently establishing a new Qualifications and Quality Assurance agency which will introduce a Quality Mark for colleges recruiting international students. This will include a Code of Conduct for international student recruitment, integrating many of the practices currently subscribed to by Irish HEIs under a voluntary code (see Q5 below)
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.
It was carried out under the usual procedure for lawmaking in Sweden which includes several steps, eg referrals to relevant authorities and other bodies. Shortly and simplified the Ministry of Foreign Affairs wrote a report, published in the Ministry publications series (Departementsserien), Ds 2005:36. On March 16, 2006 the same Ministry sent a Governments bill (proposition) to the Swedish Parliament (Regeringens proposition 2005/06:129, Genomförande av EG-direktiven om överföring av passageraruppgifter och uppehållstillstånd för studier). Information on lawmaking is available on http://www.sweden.gov.se/content/1/c6/08/48/61/758e413epdf;http://www.regeringen.se/sb/d/9395/a/86405.
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.
Probably not a question for Swedish Migration Board. The Board is the competent authority for the process for a residence permit. The universities are responsible for the admission to a course or a study program and other matters concerning the education. This two procedures are separated from each other and are under the competence of different authorities. Information regarding applications for residence permit is available on the Migration Board’s website http://www.migrationsverket.se/info/studera_en.html. http://www.studera.nu/omstudier/omstudier/welcometostuderanu.4.28308bac1321d2b50a580003412.html contains a lot of information regarding education and also has links to the Migration Board’s website.
5
Can you explain your answer at Q4? What kind of regulations or practices do exist?
Please skip this question if you have answered ‘No’ in Q4.
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
-
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.
-
In Lithuania the higher education institutions have developed with their own autonomy that contains a code of conduct with exact higher education institution rules regarding recruitment, information provision, accreditation of programmes admission criteria for third-country nationals. http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=366717.
Correction: Every higher education institution has own rules regarding recruitment, information provision and ad mission criteria for third-country nationals. These rules are not codes of conduct.
ENIC NARIC AUSTRIA
Not available.
-
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.
Not considered to be answered by the Migration Board. There is no real Code of Conduct in Sweden like the one you have I the Netherlands, but there are ongoing discussions. The Swedish rectors conference are definitely interested in the matter and they have extended an older recommendation about recruiting students nationally to cover also international recruitment.
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.
-
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.
-
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.
-
May not have understood the question but hopefully you find a part of the answer above (under Q3 and Q4). Higher education institutions are not competent authorities regarding the procedure on residence permit.
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.
Competent public administration authority (in I - instance – voivode, in II- instance Head of the Office for Foreigners – immigration authorities) assesses during processing the application whether a third-country national meets conditions for granting them a residence permit for the purpose of studies.
Higher education establishments have their own rules concerning recruitment and graduation requirements.
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.
About the higher education institutions, please see under Q4 and Q6. If the Migration Board has rejected the application the decision may be appealed to a Migration Court. The Court’s decision may be appealed to the Migration Court of Appeal, provided the latter issues a leave of appeal.
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?
-
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.
All higher education institutions recognised by the Polish law are allowed to admit international students. Act of 27 July 2005 Law on Higher Education (Dz. U. no. 164, position 1365 with subsequent changes). Supervision of higher education institutions. 1. The minister responsible for higher education (Ministry of Science and Higher Education) supervised the activities of higher education institutions in respect of their compliance with the law, the statutes and the permit granted for the establishment of a non-public higher education institutions. The supervisory powers of the minister responsible for higher education referred to in section 1 is exercised by:
1) the Ministry of Culture and National Heritage with regard to higher education institutions for art studies
2) the Ministry of Health with regard to medical higher education institutions.
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).
When necessary the Migration Board checks whether the education institution is listed by the Swedish National Agency for Higher Education.
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.
-
A temporary residence permit may be replaced, provided that the alien meets the conditions set in paragraph 1 of Article 26 of this Law and submits documents confirming that he has not been removed from the lists of students, pupils, participants in internship programmes, inservice or vocational training or that, when studying, he complies with the restrictions to have been invited to undergo inservice training. Upon the termination of the study period or discontinuation of studies, an alien must depart from the Republic of Lithuania.
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=416015.
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.
The law refers that the residence permit may be cancelled or withdrawn when the students do not show any progress in their studies with positive results (Article 95, al. c) of Law 23/2007).
This is also mentioned in p. 6 point 3.5 footnote 14 of the Report from the Commission to the European Parliament and the Council on the application of the 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. (COM(2011) 587 final).
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.
As mentioned initially The Aliens Ordinance, Ch. 4 Sec 2, stipulates acceptable studyprogress as a condition for an extension of the residence permit. However the level is not statutory regulated. The Migration Court of Appeal decided the following standards on February 6, 2009 (UM 2446 and 4691-08, MIG 2009:5). First academic year 15 ECTS, the second 22, 5 ECTS and for third and following years 30 ECTS. This changed established practice. The requirements were higher before. (This verdict is not applicable to the requirements that the education institutions may have).
Regarding withdrawal. The new provision mentioned above is not applicable on the basis of study progress.
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)?
-
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
-
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.
2005: Totally 6 weeks, 4 weeks (processing time at the Migration Board). Note: The figures above do not separate academic studies from other kind of studies.
2010 (first time application): totally 11 weeks (from submitting the application at a Swedish mission abroad until the Migration Board’s decision). Average processing time at the Migrations Board: 3 weeks. Extensions: 10 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).
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).
-
-
N/A
-
-
-
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.
-
May be it should be mentioned that the amount of applications has increased a lot since 2005. (2005: 7 351 and 2010: 12 423). It affected the Swedish missions abroad, particulary some of them, since they process the application initially. The number of units (at the Mi gration Board) dealing with applications for study visits increased from one to four during 2007. The Swedish embassies in Beijing and Islamabad were empowered to grant a residence permit for study purpose. Different measures has been taken to ensure complete applications (eg improved information on the website and a checklist to the be used by the embassies). Closer contacts with educational institutions and other relevant bodies is another example.
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).
-
-
-
N/A
-
-
-
The procedure for granting residence permit for fixed period for the purpose of studies is carried out pursuant to general provisions of Code of Administrative Proceedings. According to its general rules a decision on granting residence permit for a fixed period shall be made within one month when explanatory proceedings are required, and when a matter is particularly complicated the period shall not exceed two months from the day on which the proceedings have been initiated. As far as the appeal proceedings are concerned, the decision shall be made within one month following the day on which the appeal was received. To above time limits don’t count periods for performance specific actions, periods of suspension of the proceedings as well as periods of delay caused by party’s fault or for reasons not attributable to the authority. The authorities of first or second instance shall notify the party of any case of the failure to settle the matter within the above mentioned time limits and to specify the reasons of delay and determine the new time limit of settlement of the matter. Proceeding the application requires:
- form a foreigner - providing necessary documents;
- from the public administration authority - verification of provided documentary often in cooperation with higher education establishment, which course of studies foreigner has enrolled to.
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?
-
Procedures for the student have not been simplified nor have they become more difficult.
-
N/A
-
Yes, in 2010 the procedures for granting residence permits to foreign student have been simplified for the students, compared in 2005.
-
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.
A possibility to apply on-line (first-time applications) started up at the end of October 2010 (initially with China). Successively the on-line service has become available for applicants from several other countries. See the Migration Board’s website: http://www.migrationsverket.se/info/studera_en.html. (On-line service for an extension of the residence permit has been available since long).
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?
-
-
-
-
-
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.
-
-
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.
Generally, it is an ambition to improve, simplify and fasten up the process.
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?
-
No. No fasttrack procedures exist for foreign students alongside the regular procedures.
No.
Yes
-
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.
No/
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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Statutory regulations were considered not necessary by the Government (the bill). The Government i.a. pointed out the short time frames between sending out the acceptance letter to the student and the course start. The importance to meet clusters by reallocating staff at the Migration Board was also pointed out. (In addition, a kind of fast track procedure was since long in force by the fact that the Swedish missions abroad, to some extent, are empowered to grant a residence permit for study purposes).
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.
Students holding a residence permit issued by another Schengen state can enter Sweden and stay here for - three months every half year, provided the residence permit covers that period and the period of free movement, or a part of it, is not consumed by visiting another Schengen state (the latter probably hard to control). This is applicable for visits No longer than three months. If the student intends to stay in Sweden for more than three months s/he must apply for a residence permit and also be granted it before entering Sweden. This applies to both nationals exempted from visa requirement and visa-required nationals.
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.
Generally a residence permit costs € 60. For a residence permit up to one year 50 Euro, for a longer duration € 60 are charged. A prolongation of more than 3 months costs € 30.
Grundsätzlich beträgt die Gebühr für die Erteilung eines nationalen Visums € 60, für die Erteilung einer Aufenthaltserlaubnis mit einer Gültigkeit bis zu einem Jahr € 50 und mit längerer Gültigkeit € 60; für die Verlängerung der Aufenthaltserlaubnis um mehr als drei Monate beträgt die Gebühr € 30.
In 2005 the amount of fees was € 47, 95 and in 2010 the amount of fees was € 63, 91.
Explanation: State fee for different type of residence permits is the same. The state fee for all residence permits was raised in 01.01.2009.
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 (stamp duty) for granting residence permit for fixed period was < 71 euros > and in 2010 the amount of fees (stamp duty) was € 80.
Additionally 50 PLN for issuing a residence card is required after granting the residence permit.
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.
2005 and 2010: 1 000 SEK. Currently 1 000 SEK is equivalent to € 100 (app.).
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.
It is meant to cover the costs of the administrative process. Dealing with the application is a part of the process.
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.
Probably not to be answered by Migration Board.
I am not sure what you mean by ‘incidents’ but after discussing with a colleague at another government agency I believe that there are two areas worth mentioning: 1) The Swedish titles of qualifications could sometimes mean a problem, but that was before the Bologna process changed the whole scene 2) There were some problems with agents that charged a quiet substantial fee from students for studies in Sweden despite the fact that there were no fees at all in Sweden. Also in this case the scene has been changed since tuition fees for students from third countries were introduced last autumn.
21
What type of incidents and problems were they?
Please skip this question if you have answered ‘No’ in Q20.
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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.
- Educational institutes recruited foreign students without the proper qualifications (preliminary courses, language requirement).
- Foreign students who turned out to be working instead of studying.
- 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.
- Foreign students not able to comply with their studies due to psychological diseases.
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- Educational institutes failed to provide the courses offered. The Migration Board is not aware of any.
- Educational institutes gave wrong information to foreign students. The Migration Board is not aware.
- Educational institutes recruited foreign students without the proper qualifications (preliminary courses, language requirement). The admission to a course or study program is not under the Migration Board’s competence. However very poor language skills can be taken under consideration since it may indicate that the applicant has other intentions than studies.
- Foreign students who turned out to be working instead of studying. The right to work is unlimited. Students not meeting the condition of acceptable study progress will be denied an extension.
- Foreign students who dropped out early and wanted to go/went back to their home country. Educational institutions were not required to report before the autumn semester 2011.
- Foreign students who asked for asylum. May occur.
-Foreign students who disappeared from the educational institute’s records. See under e.
- Expensive housing or bad housing conditions for foreign students. Not to be answered by the Migration Board.
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.
So far, the implementation of the Directive has not resulted in any direct changes compared to previous. Just a few cases have been under the consideration of the Court of Appeal and the Directive was not specifically on focus. Verdicts pronounced by courts of first instance are not precedent.
23
Could you, by way of illustration, mention some titles, reference numbers and the dates of decisions of a court in your country?
Please skip this question if you have answered ‘No’ in Q22.
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N/A
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