„Scientific visa“Package on admission &

visa third-country third-country researchersresearchers

Massimo SerpieriEU Commission – DG Research

Human Factor & Marie Curie Actions – Strategy & Policy Aspects

Making Europe more attractive for researchers from all over the world

Idea of a specific residence permitspecific residence permit

16 March 200416 March 2004 proposal by the Commission. Adoption in September and October 2005 (publication November 2005) of :

•A directiveA directive and a recommendationa recommendation on the admission of third-country nationals to carry out scientific research in the EU

•A second recommendationA second recommendation covering short-short-term visasterm visas

Directive

Setting up of a fast track admission fast track admission procedureprocedure for researchers based on a “hosting agreement” (research project, possession by the researcher of the necessary scientific skills and financial resources).

Directive (2)

• For the first time, a common definition of “researcher” has been established in the Community Law (Article 2 of the directive):

"Researcher" means a third‑country national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation for carrying out a research project for which the above qualification is normally required”.

Directive (3)

• Right to work without an “economic needs test” to be carried out.

• Neither work permit nor « quota » admitted• Accelerated admission procedure• Involvement of private bodies• Equal treatment with nationals in a number of

areas, for example social security or working conditions

Directive (4)

• Smooth mobility within most Member States (Schengen countries & Ireland)

• Facilitation of family reunification• Limited responsibility of research organisation

***• Scope: the directive applies to all EU countries

except the United Kingdom and Denmark. • The “new Member States” will also apply the

directive, apart from provisions concerning short-term mobility to other EU countries

1st recommandation on admission

Anticipates the implementation of the directive through:•The exemption from or the automatic delivery of work permits•The setting up of accelerated procedures for issuing the residence permit. •N.B. UK, IRL & DK do not apply this intrument

The 2nd RecommendationThe 2nd Recommendation(short-term visas < 3 (short-term visas < 3

months)months)

Researchers as “bona fide travellers” for whom it is suitable to facilitate the issue of uniform visas to attend conferences etc. - Facilitate the rapid issuing of short-term visas (and multiple entry visas)- Adopt a harmonised approach on the supporting documents for research visa applications

Implementation

EU Commission •Monitoring of the implementation of

the three instruments by the Member States

•Supporting national raising awareness, information and training initiatives (co-operation with the Steering Group on Human Resources and Mobility).

Implementation (2)

Member States•National co-ordination: a dialogue with migration authorities on the required legislative changes & concrete measures • Internal co-ordination: to support/co-ordinate research representative bodies at national level to:a) Collect information on major/more frequent problems concerning admission & visa proceduresb) Carry out raising awareness and training actions on the added values of the new texts among stakeolders

Implementation (3): Examples

Greek Law: Researchers recognised as a category of workers & Semplification of procedures

France: agreement with Prefecture to speed up procedures; Drafting law to apply the directive

Portugal: « Diploma » for visiting Researchers (covers all legal aspects)

New German Immigration Act

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