„Scientific visa“Package on admission & visa third-country researchers Massimo Serpieri EU 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 permit 16 March 2004proposal by the Commission. Adoption in September and October 2005 (publication November 2005) of : • A directive and a recommendation on the admission of third-country nationals to carry out scientific research in the EU • A second recommendation covering short-term visas
Directive Setting up of a fast track admission procedure 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 Recommendation(short-term visas < 3 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 procedures b) 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 -