Ad-Hoc Query on the possibility and conditions for third-country national students to work after the completion of their higher education studies

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1 Ad-Hoc Query on the possibility and conditions for third-country national students to work after the completion of their higher education studies Requested by LU EMN NCP on 4 th October 2012 Compilation produced on 5 th November 2012 Responses from Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom plus Norway (23 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information In Luxembourg, the third country national student, enrolled in a Luxembourgish higher education institution, holds a student residence permit. After finishing his/her studies, he/she has the possibility to acquire a first professional experience in Luxembourg and to stay in the country for a maximum period of two years, according to article 59 of the Law of 29 August 2008 on free movement of persons and immigration. Luxembourg offers an easy access to the labour market to the third country national students after they obtain their higher education diploma under certain conditions and for a limited duration. This provision tries to conciliate and balance the right to immigration in the scope of a salaried employment for the students after they 1 of 16

2 have finished their studies and to avoid brain drain in their country of origin. However, there is not foreseen the possibility of granting a supplementary stay period for the students to search for a job after the conclusion of their studies. In this context, the Directorate of Immigration of the Ministry of Foreign Affairs would like to know how other Member States regulate the access to the labour market for third country national students who have received their diplomas. We would appreciate your response to this query by 30 October Which type of residence permit is foreseen for third country national students, who wish to work in your Member State after completing their studies? Which is the legal framework? 2. Does your member state grant the third country national students a supplementary period after the conclusion of their studies for searching a job? If yes, what is the length of this period and which conditions does the applicant need to fulfil? 3. Do third country national students have unconditional access to the labour market after concluding their studies or does your Member State establish certain restrictions (i.e. limited access to certain jobs)? 4. Does your Member State grant a residence permit for a limited duration in these cases as Luxembourg does or does your member state grant a renewable residence permit? In case that your member state grants a temporary residence permit can you extend the duration of the residence permit after it expires? If yes, can you indicate under which conditions the extension will be granted? 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Belgium Yes 1. TCN students who wish to work in Belgium after completing their studies have to obtain a work permit B. The legal framework is the law of 30 April 1999 and its Royal Decree of 9June 1999 and the Aliens Act of 15 December In the legal framework no official, supplementary period is granted. However, if a labour permit B is issued by one of the (4) regional labour authorities before the end of the studies, a residence permit can be issued by the municipal authorities of the place of residence. If the demand to obtain a residence permit has been done during irregular residence (so after the end of the studies), it is the Immigration Office who can use its discretionary power to grant a residence permit. Condition again is of course that a labour permit B has been 2 of 16

3 issued by the labour migration authorities. The demand to obtain the labour authorisation had to be done during legal residence, so before the end of the studies/before the expiry date of the (student) residence permit (usually 31 October of the year). 3. They do not have unconditional access to the labour market. They are only eligible for the categories under the current labour migration scheme. This concerns in reality mainly highly-skilled jobs (minimum salary condition: Euro gross monthly + completion of higher, tertiary education) and/or bottleneck vacancies (= jobs for which there is a qualitative and/or quantitative shortage of workers). The labour permit is linked to an employer only. 4. The validity of the residence permit is usually the same as the duration of the labour permit, plus 1 month (in general:13 months). Extensions and renewals are possible under the conditions of the labour migration law. For instance: highly-skilled employees: 8 years maximum (in reality: unlimited); researchers: 4 or 5 years... The main condition is that the labour contract is still valid/has not expired. Bulgaria Yes 1. TCNs can reside in the Republic of Bulgaria for the purpose of study on a prolonged basis (prolonged residence permit), where the period authorised is up to one year and the residence permit can be prolonged for another period of up to 1 year. Basically foreigners, who have entered Bulgaria on a certain ground, shall be refused extension of the duration of residence on another ground. In case a foreigner has already received a long-term residence permit for another European Union Member State after completing a study, he/she may receive a long-term residence permit for the Republic of Bulgaria if he/she is a worker, employee or a self-employed person in the Republic of Bulgaria. After completing their studies TCNs can apply for an EU Blue Card in the Republic of Bulgaria. 2. No, there is not a supplementary period for TCNs after the conclusion of their studies for searching a job in Bulgaria. As we mentioned above, if the TCN is highly-qualified, after completing the study he/she can apply for an EU Blue Card and respectively look for employment. 3. TCNs have not unconditional access to the labour market after concluding their studies. In case TCNs in Bulgaria are applying for EU Blue Card after completing their study in the country they are granted access to the labour market. The statistics shows that until October 2012 only one TCN (a citizen of Iran) received an EU Blue Card and works as a doctor in Bulgaria after completing his study here. 4.TCNs can reside in the Republic of Bulgaria: - on a short-term basis for up to 90 days from the date of entry into the country; the term may be prolonged once by the Foreigners administrative control services for reasons of a humanitarian nature; - on a prolonged basis where the period authorised is up to one year; - on a long-term basis where the initial period authorised is 5 years, with a possibility of renewal after the submission of an application; - on a permanent basis where the period authorised is unlimited. The residence permits can be prolonged but the applications should be submitted before the permits expire. 3 of 16

4 A prolonged-residence permit can be granted to TCNs who have been admitted as full-time students at a higher education establishment, as students admitted in the secondary education system in the territory of Bulgaria within an exchange programme, or as interns without remuneration. To a TCN already admitted as a student in an EU Member State who applies for partly pursuing his/her course of study or for supplementing it with a related course in the Republic of Bulgaria can be issued a prolonged-stay permit whereof the period of stay is determined by the duration of study. When issued in relation to employment the residence permit will have the duration of the work permit issued on the basis of a labour contract between the employer and the employee. The residence permit can be prolonged for the period of that contract. The work permit is issued for an initial period of 1 year or for the term of the labour contract, when it is for a shorter period. Work permit is renewable on a yearly basis, but not for more than 3 years in total. After that the TCN has to leave the country and his employer can start the procedure from the beginning as a new procedure. Regarding the newly graduated highly-qualified professionals who are EU Blue Card holders there is a different regime of permits corresponding to the common EU Blue Card regulations. Czech Republic No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes 1. After the expiry of the residence permit granted for study, the student is required to immediately leave the country. The student has no right to stay in the country after the end of the study and find a job here. If the student has found a job already during the period of studies and he or she continues working at the same position or a new one, he or she will have the right to apply for a residence permit for working. The procedure for changing the basis for the residence permit must be started already during the validity of the residence permit granted for study in order to avoid having to leave the country. In such case, the new application for residence permit now for working, may be submitted in the country, directly to the Police and Border Guard Board. If the residence permit for study has already expired, the former international student is generally required to leave the country and the residence permit for working must then be applied for at a foreign representation of Estonia. The conditions for the residence permit for working are set forth in the Aliens Act. The Act does not provide for special provisions for the so-called former students who now wish to work in Estonia. The differences in applying for the residence permit for working arise from if the residence permit is granted for work that requires high qualification (EU Blue Card), research activities or under general bases. 2. No 3. Student s accesses to labour market after the completing of studies have the same as any other TCN. 4 of 16

5 4. Length of temporary residence permit is up to five years and person may renew it. Finland Yes 1. A foreign student who, after completing a degree programme in Finland, is offered work can apply for a residence permit extension for the purpose of employment at the local police. A foreign national who has completed a degree programme in a Finnish educational institution is exempted from the employee s residence permit requirement and the related rules regarding the determination of labour availability. Pursuant to Section 79(4) of the Finnish Aliens Act, aliens who have received a degree or other qualification in Finland have a right to gainful employment with a residence permit issued under Section 45(1)(1) or Section 47(1)(2) without the matter being given the consideration laid down in section 72(1). In other words, the foreign national is issued a normal residence permit for the purpose of employment (the process is exempted from the requirement for a preliminary decision by the Employment and Economic Development Office). This also applies to foreign nationals who leave Finland after completing their studies but eventually return to Finland for the purpose of employment. Residence permit applications outside Finland are submitted to a Finnish diplomatic mission, which will refer the matter to the Finnish Immigration service for a decision. A foreign student also has the opportunity to remain in Finland after graduation to find work by applying for a job seeking permit with the local police. Pursuant to Section 54(4) of the Finnish Aliens Act, an alien who has been issued with a temporary residence permit for studying under section 45(1)(3) is issued with a new temporary residence permit for seeking work after he or she has received a degree or other qualification. Pursuant to Section 55(5) of the Finnish Aliens Act, a person who has received a degree or other qualification in Finland is issued with a temporary residence permit under section 54(4) for one six-month period from the expiry of the previous residence permit. A residence permit for the purpose of seeking work must be applied for in Finland before the expiration of the previous residence permit issued for studying. In practice, there may be an interval of several months between the completion of a degree and the expiration of the student s residence permit, which also gives a window of opportunity for seeking work in Finland. A student is not entitled to social support during the period of validity of the residence permit issued for the purpose of seeking work. In order to be issued a residence permit for the purpose of seeking work, the applicant must have secure means of support as specified in Section 39 of the Finnish Aliens Act and the general requirements for issuing residence permits pursuant to Section 36 must be met (not a danger to public order, security or health or to Finland s international relations.) A foreign national may also become an entrepreneur and apply for a self-employed person s residence permit. For foreign students starting entrepreneurial ventures, entrepreneurship is one way of remaining in the country. 2. Yes, for a six-month period (pls see point 1 above). 3. Yes, access to the labour market is unlimited (pls see point 1 above). A special qualification is, naturally, demanded for certain jobs (i.e. a medical doctor). 4. The six months permit for seeking a job could be issued only once/is not renewable. 5 of 16

6 France Yes 1. According to Article L of the Code on Entry and Residence of Foreigners and Right of Asylum (Code de l'entrée et du séjour des étrangers et du droit d'asile = CESEDA), third-country national students are allowed to work after completing their studies, under certain conditions. Since the passing of the law dated 24 July 2006 relating to immigration and integration, a temporary residence authorisation for six months, non-renewable, may be issued to international students meeting the following criteria: - They have obtained a qualification at least equivalent to a Master s degree; - They wish to complement their studies with an initial professional experience, with a view to their return to their country of origin. For the duration of this authorisation, the student may seek employment and is allowed to take up any job up to the limit of 60% of fulltime work for the year (18,5 hours a week). At the end of the six-month period, a graduate who has a job or an offer of employment may obtain a temporary residence permit (carte de séjour temporaire) as an employee or temporary worker, under the following conditions: - He/she is remunerated at a full-time monthly rate of at least 1.5 times the minimum monthly wage; - The job has to be related to the qualification obtained. Suitability is one of the criteria for examining work permit applications provided for by the Labour Code (Article R ). In cases of unsuitability (over-qualification or under-qualification), the administrative authority will deny permission to work. 2. See above. Third-country national students may apply for a temporary residence authorisation for six months, non-renewable. 3. No, there is no restriction. They are also exempted from eligibility requirements based on the employment situation in France. 4. Once they have graduated in France, third-country national students who have received a job offer may apply for a residence permit as an employee (if the duration of the contract is longer than 12 months) or temporary worker (if the fixed-term contract has a maximum duration of 12 months) so as to enter the national labour market. Applications are examined by the appropriate services, within the Prefectures (immigration services) concerning the right to reside and within the regional directorates (migrant labour services) concerning the right to work. It may be renewable in the same conditions until the end of the initial professional experience. Germany Yes 1. Students who earned a degree from a German institution of higher learning are not subject to any restrictions to take up employment corresponding to their vocational qualification. The consent of the Bundesagentur für Arbeit (Federal Employment Agency) is not required for this residence permit (sec 3 b Employment Ordinance) 2. A residence permit can be issued for up to 18 months after graduation to search for suitable employment. During this period the foreigner may engage in a gainful occupation. The general requirements for issuing a residence permit must be complied with, specifically the person s livelihood must be guaranteed. 6 of 16

7 3. Students who earned a degree from a German institution of higher learning may take up jobs that correspond to their vocational qualification, for all other jobs the consent of the Bundesagentur für Arbeit is required. 4. The residence permit will first be issued for limited period only, but may be extended when all requirements are met. After two years of employment corresponding to the qualification an indefinite settlement permit (Niederlassungserlaubnis) will be issued, subject to the following conditions payment of mandatory contributions to the statutory pension fund or a similar benefit fund for at least 24 months livelihood must be secured language proficiency level B1 adequate housing continued entitlement to exercise the employment Greece Yes Third country nationals granted with a residence permit for studies have the right, according to national law (4071/2012), to change the purpose of their stay and to fall under the scope of the Blue Card Directive under the preconditions of the Directive. It has to be noted here that the BC is valid for two years (and renewable). This possibility will allow them to stay on and work after they have graduated. Such a good practice might be used as a tool to preserve the country s future innovation capacity and competitiveness. Hungary Yes 1. The rules of the Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals and Government Decree 114/2007 (V. 24.) Korm. on the Implementation of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals are governed to trainees, volunteers and school pupils. According to this rules, applications for residence permits may be submitted at any consulate officer of Hungary, or any other agency authorized to accept such applications for residence permit in the country where the permanent or temporary residence of the applicant is located or in the country of the applicant s nationality. The competent consulate officer shall forward applications for residence permit to the regional directorate of jurisdiction by reference to the future residence in Hungary of the third-country national affected upon receipt without delay. The regional directorate shall adopt a decision concerning applications for residence permits within thirty days. If the decision of the regional directorate is in favor of the application for residence permit, it shall constitute approval for the issue of a visa for entitlement to collect the residence permit, of which the competent consulate officer shall be notified. The visa for entitlement to collect the residence permit shall be issued by the competent consulate officer based on the regional directorate s decision. For entry into the Hungary and for stays in Hungary for a period of longer than three months the entry conditions for third-country nationals shall be the following :a) they are in possession of a valid travel document;b) they are in possession of: ba) a visa for a validity period of longer than three months, bb) a residence permit, bc) an immigration permit, bd) a permanent residence permit, be) an interim permanent residence permit, bf) a national permanent residence permit, bg) an EC permanent residence permit, or bh) an EU Blue Card; c) they are in possession of the necessary permits for return or continued travel; d) they justify the purpose of entry and stay; e) they have accommodations or a place of residence in Hungary, f) they have sufficient means of subsistence and financial resources to cover their accommodation costs for the duration of the intended stay and for the return to their country of origin or transit to a third country; g) they have full healthcare insurance or sufficient financial resources for healthcare services; h) they are not subject to expulsion or exclusion, 7 of 16

8 they are not considered to be a threat to public policy, public security or public health, or to the national security of Hungary; i) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry. According to the Section 20. of Act II of 2007: (1) A residence permit may be issued for the purpose of gainful employment to third-country nationals whose nature of stay is: a) to perform work for or under the direction and/or supervision of others, for remuneration, under contract for employment relationship; b) to lawfully perform work in a self-employed capacity for remuneration; c) to engage - save where Paragraph b) applies - in any gainful activity in the capacity of being the owner or director of a business association, cooperative or some other legal entity formed to engage in gainful employment, or is a member of the executive, representative or supervisory board of such entity. (4) The validity period of a residence permit granted for the purpose of gainful employment shall be three years maximum, and it may be extended by three additional years at a time. (5) The period of validity of a residence permit issued for the purpose of gainful employment subject to work permit shall correspond to the duration of the work permit. According to the Section 59.of the Government Decree: (1) If the purpose of entry and residence is to engage in gainful employment, the applicant shall supply the following proof for compliance with the requirements set out in Paragraph d) of Subsection (1) of Section 13 of the RRTN: a) a document verifying the employment relationship; b) a temporary employment book; c) a business plan for the economic activities; d) a private entrepreneurial license, or failing this a private entrepreneur register number; e) a small-scale agricultural producer's license; f) a personal service contract, contract for professional services or an exploitation contract entered into as a private individual; or g) other reliable means. The purpose of entry and residence specified in Paragraph c) of Subsection (1) of Section 20 of the RRTN shall be considered verified if: a) the business association, cooperative society or other legal entity established to engage in gainful operations (for the purposes of this Subsection hereinafter referred to collectively as business association ) employs at least three Hungarian citizens or persons with the right of free movement and residence in full time employment for at least six consecutive months, legitimately, without any interruption; or b) the stay of the applicant third-country national in Hungary is essential for the business association, and the business plan enclosed with the application contains sufficient information to ascertain that the business association will prosper to ensure the applicant's subsistence. (3) The contents of the business plan referred to in Paragraph b) of Subsection (2) must be verified by credible means, such as, in particular, by supplying a contract for professional services, a personal services contract, an agreement, or a supply or sales contract. 2. The current immigration legislation does not contain special rules for these third country national students. If the job search is justified by official documentation any third-country national who is able to satisfy the requirements may have a residence permit issued for other purpose. The validity period of a residence permit shall be five years at most, and it may be extended by maximum five additional years at 8 of 16

9 a time. 3. Third-country nationals need work permit for lawfully work in Hungary. There are some case when the third-country nationals do not need a work permit for employment in Hungary. For example: if the TCN is a full-time student or student status in vocational school, secondary school, primary arts education institutions, institutions of higher education in Hungary during the existence of the relationship to work. 4. The validity period of a residence permit granted for the purpose of gainful employment shall be three years maximum, and it may be extended by three additional years at a time. The period of validity of a residence permit issued for the purpose of gainful employment subject to work permit shall correspond to the duration of the work permit. Italy Yes 1.The residence permit for educational reasons can be converted into work purposes only at the end of the training course and exclusively within the flow decree that annually establish the number of foreign workers allowed to enter the Italian territory. 2. The Eurostat data on conversions of residence permits for study into remunerated activities show that this experience is limited to small case series from the quantitative point of view. In 2011, the outcome of conversion of study permit to work permit was 825, while in previous years there were recorded just 27 cases in 2008, 44 in 2009 and 46 in It is not surprising to find this scale since the conversion of the permit s purpose can only be made to the extent permitted by the quotas decrees. No additional period for searching a job is provided to the foreign national after conclusion of the studies. 3. Restrictions applied refer to the quotas established by the annual flow decrees and to the limited access to public administration employment. However, a provision contained in the Consolidation act on immigration of 1998 allows to employ a wide range of skilled workers notwithstanding the preferential quotas. In 2012 this facilitated process was generalized by transposition into Italian law of the European Directive on the so-called Blue Card on highly qualified employment (i.e. those workers who had at least a bachelor s degree). 4. Duration of stay permits is the one envisaged on the entry visa (if any). However, duration cannot exceed: 9 months for seasonal employment; 1 year for employed work under fixed-term contract; 2 years for employed work under permanent employment contract and for self-employment. The stay permit for work reasons is renewable if the applicant is still in possession of the same requirements that led to the first release of the permit. Latvia Yes 1. After the completing of studies, students can apply for an employment-related temporary residence permit if they have a valid job offer. They are entitled to apply for a residence permit in Latvia due to any other reason as well, stipulated in Immigration Law (marriage, selfemployed etc.). 9 of 16

10 2. No. 3. Students after the completing of studies, have access to labour market as any other third-country citizens. Normally, a vacancy should be registered in the State Employment Agency one month prior to applying for a residence permit (there are exceptions for some occupations teachers, sportsmen etc.). Any third-country citizen, employed in Latvia, should be paid a salary that is not lower than average salary in the country. A fact that employment is not related to academic qualification obtained in the course of studies, does not constitute ground for refusal of permit. 4. Length of a permit is not limited. It means that as long, as a ground for issuance of a permit still exists, a former student is entitled to keep the permit. There is no obligation to return to country of origin after some certain period of time, spent in Latvia. Lithuania Yes 1. According to the Lithuanian legislation students from third countries must leave Lithuania after their studies are finished. The only way to stay in the country after the studies is by changing immigration status from studies to any other (family, work). The draft Law submitted to the Parliament proposed to allow students to stay in Lithuania for more 3 month after their studies are finished and to look for work but the working group did not incorporated this proposal into the Law Not applicable. Luxembourg Yes 1. Luxembourg grants according to article 59 of the Law of 29 August 2008 on free movement of persons and immigration, a salaried worker residence permit for a maximum period of 2 years, which is not renewable can be authorized if the applicant fulfils the following conditions: a. The applicant had obtained his higher education diploma; b. He/she wishes to complete his academic education with a first professional experience that serves the economic interests of the Grand Duchy of Luxembourg and those of country of origin; c. The economic activity that the applicant wants to develop is related to his academic qualification; d. He/she is in possession of a work contract that has been declared vacant at the ADEM. The application for this salaried worker residence permit must be made before the expiration of the student residence permit. However, this application can be made in Luxembourg. 2. No. There is not foreseen the possibility of granting a supplementary stay period for the students to search for a job after the conclusion of their studies. 3. No. The third country international students do not have unlimited access to the labour market. They only can work in an economic activity that is related to their academic qualification. Also, they do not have access to positions in the public sector. 10 of 16

11 4. Luxembourg grants a salaried worker residence permit but it is limited to two years and it is not renewable. After the expiration of the maximum period of two years, the residence permit cannot be renewed and in principle the third country national student must return to his/her country of origin. However, if the former student wants to stay in Luxembourg, he must file a new application for an authorization to stay as a salaried worker from its country of origin and must fulfill the conditions foreseen for the category of authorization to stay that he/she is applying for ( salaried worker, high skilled worker, independent worker ). This application is considered as a first application. This means that if the person wishes to stay in Luxembourg as a salaried worker he/she must pass the labour market test 1. Netherlands Yes Job-seeking year After graduation from a Dutch institution of higher education, the international student has the right to apply for a temporary residence permit in the Netherlands, valid for a maximum period of one year. Within this year, the international student graduate will be given the opportunity to find a job as a highly educated migrant. This job-seeking year was introduced on 20 December During this jobseeking year, the international student graduate is permitted to work to earn a living. A work permit is not required. Once the international graduate has found a job in the Netherlands, with a gross annual salary of at least 26,931, he is eligible for a regular residence permit. This wage criterion is much lower for graduated international student migrants than for other highly educated migrants. Highly Educated Migrants Scheme Since 1 January 2009, the Highly Educated Migrants Scheme is applicable to third-country nationals who graduated from one of the top 200 universities in the world* or who obtained their Master Degrees at an accredited educational institution in the Netherlands, as well as to third-country nationals who obtained a Doctorate Degree in the Netherlands. This means that international students who obtained their Master Degrees in the Netherlands can opt for either the job-seeking year for international graduates or the Highly Educated Migrants Scheme. It is not possible to use both schemes. Graduates who obtained a Doctorate Degree can only opt for the Highly Educated Migrants Scheme. For the international graduate, the difference between the job-seeking year and the Highly Educated Migrants Scheme is that, in the case of the latter scheme, the student may leave the Netherlands, but that he is allowed to return to the Netherlands within a maximum period of three years in order to seek a job as a highly educated migrant for a period of one year. Contrary to the job-seeking year that is available to international graduates, the Highly Educated Migrants Scheme also provides highly educated migrants the possibility of setting up an innovative business in the Netherlands in aforementioned period. The residence permit issued on the basis of the Highly Educated 1 In the case of article 59 of the Law of 29 August 2008 does not require the applicant to pass the labour market test because he is not concerned by article 41 (1) 1. The labour market test only applies to the applicants of an authorization to stay as «salaried workers». The procedure was modified by law of 18 January 2012 which creates the Agency for the Development of Employment (ADEM. The labour market test is made in addition to the examination of the application of an authorization to stay. The employer has to declare that the post is vacant at the ADEM. If the agency has not proposed a suitable candidate to the employer who fulfill the profile required in the following three weeks from the declaration of the vacancy, the employer can ask the ADEM a certificate declaring the right to engage person of his/her choice. for the specific position This certificate has to be issued within a 5 day period from the demand of the employer. 11 of 16

12 Migrants Scheme cannot be renewed. A disadvantage of the Highly Educated Migrants Scheme is that the highly educated third-country national and his family are not permitted to work without a work permit during this job-seeking year; this is contrary to the regulations applicable in the job-seeking year for international student graduates. * Top 200 universities according to: Times Higher Education World University Rankings QS World University Rankings Academic Ranking of World Universities (also known as the Jiao Tong Shanghai ranking) Poland Yes 1.The usual form of legalisation of stay for foreigners wishing to work in Poland, including those who have completed studies in Poland is the residence permit for the fixed period for the purpose of work (art. 53 sec. 1 point 1, act of 13 June 2003 on foreigners). Generally, to get such residence permit it is necessary to have a work permit. However, foreigners who completed full-time studies in Poland are entitled to perform work in Poland without work permit ( 1 point 17, ordinance of the Minister of Labour and Social Policy of 20 th July 2011). Therefore, in order to get residence permit for the purpose of work, it is enough for them to have an»employer s declaration of intention to employ«instead of work permit. 2. No. However, the new draft law on foreigner, which is expected to be adopted early next year, introduces a possibility to issue a residence permit for the foreigners who completed studies in Poland for the purpose of searching a job. The residence permit will be valid a year, and the conditions will be health insurance and place of residence. There will be no financial conditions. 3. As stated above, foreigners who completed full-time studies in Poland are entitled to perform work in Poland without work permit. It is not required that the work must be related to the academic qualifications. The restrictions connected with citizenship may occur in case of specific professions or positions (e.g. army, police, civil service). 4. The residence permit for the fixed period in Poland cannot be extended. The foreigner intending to continue his/her presence in Poland is obliged to apply for subsequent residence permit at least 45 days before the previous permit expires. However, the draft law on foreigners abolishes this condition the foreigner will be entitled to apply at any time during the validity of the previous residence permit. Portugal Yes 1. Under art.º 122 of Law 23/07 (amended by Law 29/2012), a residence permit could be granted to TCN who, having been granted a residence permit for purpose of studies, and having concluded them intend to carry out in national territory a professional activity, as employee or self-employed except for the cases when the permit has been issued within the scope of co-operation agreements and there are no ponderous motives of national interest that justify it. 2. No. 12 of 16

13 3. No. 4. A temporary residence permit is granted, valid for a period of one year, renewable for successive periods of two years. Slovak Republic Yes 1. In the Slovak Republic the TCN student after the completion of the studies and wishing to stay in the country and work need a work permit and consecutively a temporary residence permit for the purpose of employment. If he/she fulfils the conditions for the permanent residence permit, he/she can apply for it and in that case there is no need for the work permit if he/she wishes to work. The acquisition of the work permit is regulated by the Act on Employment services, No. 5/2004, the acquisition of the residence permits by the Act on the Residence of Foreigners No. 404/ No. 3.In principle they have unlimited access to the labour market, however they have to apply for the work permit and consecutively for the temporary residence permit for the purpose of employment. In the decision making procedure for non/granting of the work permit the situation on the labour market is always considered. 4. No. There is no such possibility for students in the Slovak Republic as in Luxembourg. Slovenia Yes 1. Yes. The Alien Law (the Official Gazette of the Republic of Slovenia, No. 51/2011 and 57/2011) foreseen possibility of granting a supplementary residence permit for the third country national students, who wish to stay and work after completing their studies. A "former" students may obtain a different types of supplementary temporary residence permits (see articles 37-51, the Alien Act) valid for a same period as personal work permit issued under Article 22 (1) (4) of the Employment and Work of Aliens Act (The Official Gazette of the Republic of Slovenia, No. 26/2011). The application for a subsequent residence permit must be put before the expiration of the student residence permit at the Administrative unit in which applicant have his/her residence. Each type of temporary residence permit required different conditions, however basic conditions are the following; a.) an applicant must possess a valid travel document whose validity must be at least three months longer than the intended residence in the Republic of Slovenia; b.) Appropriate health insurance; and c.) sufficient means of subsistence during his residence in the country or other guarantees that his livelihood will be provided, on a monthly basis, in an amount equal to at least the basic minimum income in the Republic of Slovenia. A contract in which the alien receives a certain amount of resources from a natural or legal person may be used to prove no more than one half of the necessary means of subsistence and shall be admissible only for the purpose of a study-related residence permit. 2. Yes. The Employment and Work of Aliens Act foreseen the possibility of granting a supplementary stay period for "former" students to search for a job after the conclusion of their studies. Under Article 22 (1) (4) a personal work permit, valid for a period of three years, may be obtain by "former" student who has completed the last year of his/her education in the Republic of Slovenia and obtained at least a higher degree of education if he/she finds an employer or becomes self-employed within two years after obtaining his/her title. Based on valid personal work permit a "former" student has unlimited access to the labour market. 13 of 16

14 3. Yes. A "former" student have unlimited access to the labour market. The only restriction is foreseen for access to those job positions where citizenship of the Republic of Slovenia is required as one of the conditions (public service etc.). 4.Third country national students, who wish to stay and work after completing their studies in Slovenia and if he/she complete all required conditions (see Q 2) may obtain a personal work permit valid for three years under which temporary residence permit is issue with the same valid period. After the expiration of personal work permit which valid maximum of three years, the residence permit cannot be renewed and in principle a "former" student must return to his/her country of origin. However, if the former student wants to stay in Slovenia, he/she must file a new application for temporary residence permit and must fulfill the conditions required for each of different types of residence permit depends for which type he/she applied ("employment and work", "high skilled worker", etc). Although this application is not considered as first one an applicant must pass the labour market test as other third country nationals. In case that applicant already legally resides in Slovenia more than five years he/she could apply for a permanent residency permit. Spain Yes 1. Third country national students who wish to work in Spain after completing their studies must apply for a work and residence permit. The legal framework is the Aliens Act (Organic Law 4/2000) and its implementing Regulation (Royal Decree 557/2011). The change in their administrative situation is regulated in the Title XII of the Aliens Act Implementing Regulation (Change of situations of foreigners in Spain). Article 199 sets forth the specific requirements to change the situation from authorisation of stay (the administrative situation for students) to residence and work situation: Residence and work visa is not required. Fulfilment of the same requirements as any other applicant (Article 64 of the Aliens Act Implementing Regulation) except the evaluation of the domestic employment situation. Besides, they will have to fulfil the following requirements: 2. To have resided in Spain at least 3 years with an authorisation of stay. This requirement might be excluded in the case of exceptional and accredited professional and scientific merits, subject to a report from the General Secretariat for Immigration and Emigration. 1. To have successfully concluded their studies, research or traineeship. 2. Not to have received a scholarship or a grant from a public or private body within cooperation or development programmes (from Spain or the student s country of origin). Spain does not grant a supplementary period after the conclusion of their studies for searching a job. Therefore, the third country national students need to apply for a change to a residence and work permit while their authorisation of stay is valid. This application for a residence and work permit will extend the authorisation of stay until the final decision is taken. 3. Third country national students after the completion of their studies have equal access to the Spanish Labour market. 4. There is no a special procedure for third country national students to apply for a residence and work permit, they must follow the ordinary process (but without having to applied for a residence and work visa). 14 of 16

15 Spain grants a residence and work permit for one year renewable for two years if the third country national continues holding the requirements to be granted a residence and work permit. If the third country national applies for the extension of the permit within 90 days after the expiry date, this extension might be granted. Nevertheless, the corresponding sanction might be imposed. The conditions for extension of the permit (Article 71 of the Aliens Act Implementing Regulation) are the same for every applicant. Sweden Yes 1. In Sweden, third country national students are exempt from the requirement to have a work permit during the validity period of their residence permit. This means that they have the opportunity to work during their period of study without restrictions to duration, specific profession or employer. Students who already have employment before their residence permit expires may receive a residence permit for work reasons upon completion of their studies and thus continue their stay in Sweden in order to work. There is currently no possibility, however, for international students who do not have employment upon completion of their studies to receive a residence permit to search for employment after their studies. 2. No, only students who already have employment or a work contract before the residence permit for study reasons expires can be granted a residence permit for work reasons. There is no currently no residence permit for the purpose of looking for employment. 3. During their studies, third country national students are allowed to work without any quantitative or qualitative restrictions (see above). The same logic applies to third country nationals who are granted a residence permit for work reasons after their studies. Labour market access is not restricted to any specific areas or professions, nor are there restrictions concerning the amount of working hours etc. 4. Residence permits for work reasons are temporary, but they can be renewed if employment continues. United Kingdom Yes The following response is for third country nationals entering the UK on a Tier 4 (general) student visa. This does not cover a third country national entering the UK as a result of right to enter using the EEA regulations. When a third country national is issued a Tier 4 (general) student visa, the period of leave given includes the duration of the course, plus an additional period after the course ends. Where the course is between 6 and 12 months an additional period of 2 months is granted, and where the course is 12 months or more the additional period is 4 months. Following the completion of a course of study on a Tier 4 (general) student visa a third country national can apply for a Tier 2 visa for up to 3 years to work if they have a job paying 20,000 or more per annum. Alternatively, they can apply under the graduate entrepreneur scheme for leave up to 2 years, which enables graduates who have been identified by a UK Higher Education Institution as having developed world class innovative ideas or entrepreneurial skills to establish one or more businesses in the UK. There are a maximum of 1000 places available each year in this graduate entrepreneur route. Norway Yes 1. As those students are deemed to be skilled workers after finishing their study, they may apply for a residence permit for skilled workers. 15 of 16

16 2. They may apply for a residence permit for jobseekers who are newly qualified. The permit is given for up to 6 months. The applicant has to hold a residence permit for students when applying and has to be a skilled worker. That means that the applicant needs to have completed vocational training corresponding to upper secondary educational level or to have completed a university degree. Furthermore he or she has to have sufficient means of subsistence (about NOK for 6 months) and accommodation during the job seeking period. 3. They have unconditional access, but there has to be correspondence between the student s education and the work he or she is offered. 4. If the student is given a residence permit for skilled workers, based on a concrete offer of employment, it can be given for up to 3 years. It can be renewed. A residence permit for jobseekers is given for up to 6 months and may not be renewed after this period. ************************ 16 of 16

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