EMN Study on measures in EU Member States to prevent and tackle abuse of residence permits. Study migration was chosen as an example. In the Netherlands, there are hardly any indications of misuse of the right of residence for study purposes*.
EMN Study | Abuse right of residence
Study: Misuse of student residence permit for other purposes
9 March 2022
EMN Study: 'Preventing, detecting and tackling situations where authorisations to reside in the EU to study are misused for other purposes'
Research period - 2021
Participating countries - Belgium (BE), Cyprus (CY), Germany (DE), Estonia (EE), Finland (FI), France (FR), Greece (EL), Hungary (HU), Ireland (IE), Italy (IT), Croatia (HR), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malta (MT), The Netherlands (NL), Austria (AT), Poland (PL), Portugal (PT), Slovenia (SI), Slovakia (SK), Spain (ES), Czech Republic (CZ), Sweden (SE)
Motivation
- The effectiveness of the enforcement of regulations in migration processes has seen little research in EU Member States. However, Member states, express a need for more insight into this.
Scope
- Overview of measures in EU Member States to prevent and tackle the (possible) abuse of residence rights for study migration, including measures against situations where the residence right is used for a purpose other than that for which it was issued, as well as measures against document fraud.
- This concerns both preventing possible misuse prior to a migrant's arrival in a Member State and dealing with possible misuse during the stay.
Research approach
- To identify the working methods of Member States in preventing and addressing situations in which student residence rights are abused for other purposes.
- To examine the legal instruments, administrative measures and policies to prevent and tackle abuse in connection with study migration.
- An insight into the responsibilities and cooperation possibilities of the organisations concerned (including higher education institutions) in the prevention, monitoring, and tackling of possible abuse.
- Providing insight into Member State policies regarding the consequences in case a migrant from outside the EEA (all EU countries plus Liechtenstein, Norway, Iceland) no longer fulfils the purpose of stay for which the right of residence for study was granted.
Publications EMN Study 'Authorisations for study misused for other purposes'
- EMN Inform, 9 March 2022
Publications EMN NL Study 'Authorisations for study misused for other purposes'
- News item (including summary), 'Residence right for study in EU countries sometimes misused', 17 March 2022
