Rules for au pairs are lacking in many EU Member States

More than half of EU Member States have no policy on the entry and residence of au pairs from outside the EU/Schengen area. Those countries that do have such policies guarantee, for example, adequate financial compensation and a maximum number of working hours. These countries also have criteria that au pairs must meet, such as age and language requirements.

> Read the compilation of responses from 22 EU Member States (and one EMN observer country) 

Au pairs from countries outside the European Union/Schengen area (third countries) need a residence permit to live and work in the EU. The conditions for entry and residence for au pairs are set out in EU Directive 2016/801 (which also includes guidelines for research, study, internships, volunteering, school exchanges and educational projects). EU Member States are not obliged to transpose the au pair scheme into national law.

Au pair policy not a given

A majority of EU Member States (CY, CZ, EL, HR, HU, IE, IT, LT, LV, PL, PT, SI, SK) did not implement the au pair scheme of the European Directive. These countries do not have separate regulations for au pairs. Member States with an au pair policy (BE, DE, EE, ES, FI, FR, LU, NL, SE) have different requirements for obtaining a residence permit. The most common criteria, which are also used by the Netherlands, are age requirements (BE, DE, ES, FI, FR, LU, NL, SE) and language requirements (BE, DE, FI, FR, LU, NL).

Compensation, working hours and tasks

Almost all EU Member States with an au pair policy (BE, DE, ES, FI, FR, LU, NL, SE) require au pairs to be given financial compensation, such as “pocket money”, coverage of insurance costs (BE, DE, FI, FR, LU) or a contribution to language courses (DE, LU). Almost all of these countries (BE, DE, EE, FI, FR, LU, NL, SE) also have a maximum number of working hours. In most countries (BE, DE, EE, ES, FI, FR, LU, NL), au pairs must have specified tasks, which must involve light housework and daily family tasks.

Accredited au pair agencies mandatory in the Netherlands and Luxembourg

Only in the Netherlands and Luxembourg is it mandatory to submit the application for a residence permit through an accredited au pair agency. In other countries, the host family can act as an intermediary (“sponsor”) and assist the au pair in meeting all requirements and obligations. The Netherlands is also unique in explicitly stipulating a requirement for marital status: au pairs may not be married. Only in Luxembourg is it also required that an au pair must be “in principle unmarried”. There, the provision is derived from the legal description of an au pair as “a young person”.

*Ad hoc studies (Ad-Hoc Queries/AHQs) are short-term, smaller studies initiated by the European Commission or an EU Member State. Ad hoc surveys are conducted throughout the year, with a maximum of 120 per year. In principle, all Member States contribute to these studies.