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IMPACT – MEDIUM
Most EU member states, including France, Germany, the Netherlands, Spain, Portugal, Italy, Finland and others, are now implementing an EU directive that relaxes criteria and provides eased mobility for non-EU/EEA students, scientific researchers and interns. The directive, which was approved by the EU in 2016, updates and replaces directives from 2004 and 2005 that cover entry and stay of non-EU students and researchers in Europe.
Background: The EU Students and Researchers directive 2016/801 was adopted in May 2016. Member states were supposed to implement the directive no later than May 23, 2018, and most are now doing so. To date, a handful of EU countries, including Greece, Poland and Cyprus, have not yet transposed the directive into their national laws, while Denmark, Ireland and the United Kingdom have opted out of the directive.
The directive provides for relaxed rules for work authorization, residency and mobility within the EU and is intended to promote the EU as an attractive destination for non-EU/EEA talent in science and research.
Analysis & Comments: The directive provides expanded opportunities for employers and organizations to attract and retain non-EU/EEA nationals in training and internship programs and to conduct scientific research projects in multiple EU locations. Employers are reminded that the research project must be the same one for which the permit in the initial EU country was granted and that interns are only eligible for on-the-job training, not for regular employment. Each EU country may be at different stages of implementation, and rules may vary from country to country. Employers are encouraged to work with their immigration advisors to determine which options are currently available in individual destination countries.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
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