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ADMISSION OF TCN RESEACHERS IN THE EU. Philippe DE BRUYCKER, ULB / Odysseus. INSTRUMENTS. One directive 2005/71 on admission for long stay (more than 3 months / immigration policy of the EU)

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admission of tcn reseachers in the eu

ADMISSION OF TCN RESEACHERS IN THE EU

Philippe DE BRUYCKER, ULB / Odysseus

instruments
INSTRUMENTS
  • One directive 2005/71 on admission for long stay (more than 3 months / immigration policy of the EU)
  • One (non binding) recommendation of 28 september 2005 on admission for short stays (less than 3 months / visa policy of the EU)
  • Recommendation of 12 October 2005 aimed at preparing ground before transposition of directive not relevant anymore
directive 2005 71
DIRECTIVE 2005/71
  • To be transposed by Member States for 12/10/2007
  • Report was due by Commission for 23/11/2008 (call for tender for comparative study re-launched during summer 2010)
directive 2005 714
DIRECTIVE 2005/71

PURPOSE:

  • To facilitate and accelerate the admission and mobility of TCN for the purpose of research in line with needs of the EU and TCN researchers

MECHANISM (French model):

  • Involving research organisations in immigration procedures to facilitate them in cooperation with competent ministries
directive 2005 715
DIRECTIVE 2005/71

LARGE DEFINITIONS:

  • Research: fundamental or applied
  • Researcher: TCN holding degree giving access to Phd selected by a organisation for a research (not necessary to be a professional researcher)
  • Research organisations: including private organisations but after procedure for approval valid for 5 years
mechanism
MECHANISM

HOSTING AGREEMENT AT THE CORE:

  • To be signed between organisation and researcher about:
  • Research project approved by organisation
  • Researcher has sufficiently monthly resources and sickness insurance
  • Legal relationship and working conditions
immigration procedure
IMMIGRATION PROCEDURE
  • Admission on presentation of hosting agreement if no public threat + financial responsibility of organisation if required
  • Application on territory only accepted in accordance with national legislation
  • Decision “ASAP” and where appropriate following accelerated procedure (no precise deadline)
immigration procedure8
IMMIGRATION PROCEDURE

ADVANTAGES:

  • No work permit is anymore required
  • Independent of researcher’s legal status ((self)-employment, trainee, grant holder but not student covered by directive 2004/114)

QUESTION:

  • Is it simple and fast in practice as expected legally?
rights of researchers
RIGHTS OF RESEARCHERS
  • Of course reside and do the research foreseen
  • + teaching in case within maximum hours/days determined by hosting Member State
  • Equal treatment with nationals as regards in particular :
  • recognition of degrees (what in practice?)
  • social security
mobility within the eu
MOBILITY WITHIN THE EU
  • On basis of the hosting agreement in first Member State if enough resources for less than 3 months (advantage: no work permit)
  • On basis of new hosting convention if required with visa/permit delivered in a « timely manner » for more than 3 months
  • What in practice?
recommendation of 28 10 2005 on short stays
RECOMMENDATION OF 28/10/2005 ON SHORT STAYS
  • Expedited procedure (but no precise deadline)
  • Promote mobility by issuing multiple entry visas for researchers travelling frequently
  • Harmonise supporting evidence required form researchers upon consultation of research organisations
  • Free visa instead of 60 Euros (confirmed by article 16, §4, c) of Visa Code)
recommendation of 28 september on short stays
RECOMMENDATION OF 28 SEPTEMBER ON SHORT STAYS
  • Not legally but politically binding
  • « The possibility of incorporating the recommendation in an appropriate legally binding instrument should be examined »
  • QUESTION: EU has done some follow-up but what for Member States?
  • No transposition required but well report to Commission about best practices for 28 September 2006: apparently not done
more favorable provisions in eu law
MORE FAVORABLE PROVISIONSIN EU LAW
  • Directive and recommendation outdated on some points because new EU instruments?
  • “Blue Card” Directive 2009/50 for highly skilled workers (for instance more favourable provisions on family reunification)
  • Community Visa Code Regulation 809/2009 (for instance common rule with deadline of 15 days for decision applicable also to researchers)
questions
QUESTIONS
  • What in practice?
  • Is admission procedure simple & fast in practice as expected legally?
  • What about recognition of degrees?
  • What about mobility?
  • What about the implementation of the visa recommendation by Member States?
questions15
QUESTIONS
  • How to follow-up on basis of future Commission report (2011)?
  • Which strategy?

Better implementation of existing instruments or envisage new initiatives to amend them?