Stay and Residence Rules for Immigrants in the Member States of the EU, 2007 Content: 1. Bureaucratic Matters... 2 2. Residence and Family Matters... 8 3. Work Matters... 20 Source: European Parliament and the International Organisation for Migration (2008), Comparative Study of the Laws in the 27 EU Member States for Legal Immigration, 131 464.
1. Bureaucratic Matters Austria Belgium Bulgaria Cyprus Czech Republic Application received by Diplomatic offices Embassies and consulates Directorate "Migration" of the Ministry of Interior Competent authorities Decision made by Provincial governor Ministry of Interior, in particular the Office for Aliens Directorate "Migration" of the Ministry of Interior Consulates Civil Registry and Migration Department of the Ministry of Interior Embassies and consulates Alien and Border Police Possibility to apply from within the country Fees No 100-150 Health None, unless applicant has been in an area where dangerous epidemics have arisen in the last 6 months No Proof of freedom from diseases dangerous to public health 80-505 No n/a Medical examination generally required Not generally Monthly financial Cultural Special integration Language Punishment for non-compliance punishment, financial disadvantages or expulsion (Flemish community) (Flemish community) EUR 50-5,000 fine (Flemish community) Non-obligatory programs? Processing time Legal deadline 6 months No No No 60-180 days 36 medical examination sometimes required Typical timeframe Competent authorities Appeals Minister of the Interior; Court; Constitutional Court n/a n/a n/a Council for Aliens Appeals Superior administrative body; Supreme Court Supreme Court of Cyprus Superior administrative body; Courts Working days to file n/a 75 days 15 days Page 2 of 27
1. Bureaucratic Matters Denmark Estonia Finland Application received by Diplomatic and consular offices Ministry of Foreign Affairs representations abroad Embassies and consulates Competent authorities Decision made by Danish Immigration Service Citizenship and Migration Board Directorate of Immigration Possibility to apply from within the country Sometimes Sometimes Fees 55-200 Health No examination required, but application may be refused if the individual is considered a threat to public health Monthly financial Cultural Special integration Language Punishment for non-compliance Non-obligatory programs? Processing time Legal deadline Typical timeframe Competent authorities Appeals No No No Ministry of Integration, Refugee and Immigration Affairs n/a 1-6 months Application may be refused if the individual is considered a threat to public health France The Prefect Medical examination required 900; 500 if student 9 months (family reunification) Visa may be refused 2-5 months Pre-emptive hearing; administrative appeal; administrative Court; Supreme Court Court; Supreme Court court Working days to file 14 days Page 3 of 27
1. Bureaucratic Matters Application received by Competent authorities Decision made by Possibility to apply from within the country Fees Health Monthly financial Cultural Special integration Language Punishment for non-compliance Non-obligatory programs? Processing time Legal deadline Typical timeframe Competent authorities Appeals Working days to file Germany Foreigner police Greece Municipality/commun e of migrant's place of Secretary General of the Region; sometimes: Minister of the Interior Hungary Office of Immigration and Nationality Ireland Written letter to the Irish Naturalisation and Immigration Service A number of Government agencies play a role in the processing of immigrationrelated applications Italy Ministry of Interior, Migration Office (nonvisa required nationals can apply from within) 150-900 20-90 (nonvisa required nationals must apply from within Ireland) within 8 days of arrival No, when needed Certificate of good health from a Greek public hospital Medical examination may be required by the Sanitation Authority n/a 2-4 months court court; Council of State No No Office of Immigration and Nationality; Capital Court abou t 15 20 days High Court None May excee d 12 months Regional Court; State Council 1 month Page 4 of 27
1. Bureaucratic Matters Latvia Lithuania Luxembourg Application received by Consular departments Embassies and consulates Competent authorities Decision made by Office of Citizenship and Migration Affairs Migration Department under the Ministry of Interior Ministry of Foreign Affairs and Immigration Malta Department of Citizenship and Expatriates under the Ministry for Justice and Home Affairs Possibility to apply from within the country Fees abou t 100-280 Health radiologist's report on the results of an x-ray or fluoroscopic examination required; illness threatening public security is one ground for refusal Monthly financial Cultural Special integration Language Punishment for non-compliance Non-obligatory programs? Processing time Legal deadline Typical timeframe Competent authorities Appeals Head of the Office of Citizenship and Migration Affairs; court 6 months application may be refused if the individual is considered a threat to public health; medical examination may be required medical certificate may be required Vilnius District Court; Supreme Court No right to appeal, except in case of family reunification 1167 (minimu m for single applicants) Immigration Appeals Board Working days to file 30 days 14 days 3 days Page 5 of 27
1. Bureaucratic Matters Netherlands Application received by Competent authorities Decision made by Embassies Immigration and Naturalisation Department Poland Voivode (territorial authority), supervised by the Head of Office for Aliens under the Minister of Interior and Administration Portugal Service for Border Control and Aliens Possibility to apply from within the country Fees up to approx. 1600 92-174 Health tuberculosis test on arrival in the country (nationals of some countries are exempted) Monthly financial Cultural Special integration Language Punishment for non-compliance visa may be refused Non-obligatory programs? Processing time Legal deadline Typical timeframe 6 months, may exceed to 12 mont hs 2 months 60 days n/a Competent authorities Ministry of Justice Appeals Regional Court in Warsaw; Supreme Court Service for Border Control and Aliens court Working days to file 4 weeks 14 days; 30 days after decision n/a Romania Romanian Immigration Office Bucharest Court of Appeals 10 days Page 6 of 27
1. Bureaucratic Matters Application received by Competent authorities Decision made by Possibility to apply from within the country Fees Health Monthly financial Cultural Special integration Language Punishment for non-compliance Non-obligatory programs? Processing time Legal deadline Typical timeframe Competent authorities Appeals Working days to file Slovak Republic Slovenia Spain Foreigners Bureau of local Subdelegation of Government Department of the Alien Police in the place or presumed place of Embassies and consulates Unit in the region of intended stay Ministry of Interior and Ministry of Labour and Social Affairs Sweden Migration Board 30-210 Not generally 31-75 proof applicant does not suffer from a disease that may endanger public health No medical test required 240 90 days w/ possible 90 day extension No No n/a 2 months Department of Aliens Police of the Police Directory; Regional court Ministry of Interior; Court n/a n/a n/a Not generally Abo ut 110 None No No - Migration Court; Migration Court of Appeal 15 days United Kingdom Border and Immigration Agency Medical examination may be required Asylum and Immigration Tribunal; High Court Page 7 of 27
2. Residence and Family Matters Austria Belgium temporary Visa type D+C (for stays up to 6 months); various permits. Registration Certificate in the Aliens Register (C.I.R.E.) (valid for 1 year, may be renewed). permanent Settlement permit is provided in five sub-categories: - key employee - for private purposes - unrestricted - restricted - relative EC long-term permit. a) 1) Identity Card for Aliens (granting status of "settled alien", automatic right to renew every 5 years). 2) EC long-term permit. Years in country to receive permanent status For settlement permit unrestricted: 1.5. For EC longterm permit: 5. Language requirement Family eligible for reunification Sponsor eligibility There are various types of settlement permits granted to family members depending on the legal status of the sponsor. 5 Third country nationals with limited or unlimited rights to stay, students with sufficient financial resources Spouse (minimum age) (18) (21) Partner Minor unmarried children Dependent parents / No b) Rights of reunified family Legal status of family depends on permit situation of sponsor. There are special regulations for family members of EU citizens, which apply when the sponsor is an Austrian, EEA or a Swiss national. Initial maximum duration of permit Fee for permit 1 EC long-term permit or permit - unrestricted grant free accession to labour market. Otherwise, only "key employees" (specifically qualified, high earnings) may receive permission to work. Required documents: settlement permit - unrestricted and (depending on nationality) a work permit, which is restricted to a certain occupation. May later apply for a working allowance or an exception card, which grant free access to the labour market. The work permit is valid for <1 year, the working allowance for <2 years and the exception card for <5 years. 1 b) The Belgian system is vacant job oriented, thus before the employee can request a work permit, his employer must apply for an occupation authorisation ; this will only be delivered if it is not possible to find a worker in the domestic labour market able to occupy the vacant position. Page 8 of 27
2. Residence and Family Matters Bulgaria Cyprus Czech Republic Denmark temporary Long-term visa type D (for upto 180 or 360 days); long-stay visa for up to one year; permit Temporary permit Visas types C (>90 days) and D (<90 days upto 1 year); longterm permit (1 to 2 years) for a single purpose. Residence permit (some types do not allow possibility for permanent ). permanent Permanent permit. 1) Permanent permit 2) EC long-term permit. 1) EC long-term permit 2) Permanent permit. Permanent permit. Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility 5 Bulgarian citizens, EU EEA or Swiss citizens, third country nationals with continuous ; third country nationals with permanent. 5 EU nationals with right to exceeding 3 months, third country nationals who have lived in Cyprus 2 years. 5 No Third country nationals who hold long-term permits or permanent permits and have been in country for at least 15 months, EU nationals, Czech citizens. Spouse (minimum age) Partner Minor unmarried children Dependent parents Rights of reunified family Initial maximum duration of permit Fee for permit / No b) 1 300 Full labour market test: employer must prove he was actively searching for at least 15 days. Employer applies for the work permit through the National Employment Agency. 5 or 7 (24) / No b) / No b) / No b) One parent Reunified family are eligible to work, eligible for permanent after 5 years. Eligible to work with work permit. Permanent eligibility depends on status of sponsor. 4 34 Employer must submit application for work permit to the Civil Registry and Migration Department. The work permit is tied to a specific occupation and employer. 20 Employer must apply for permission to hire a foreign employee, the foreigner must be granted a work permit, and the foreigner must be granted a stay permit. No The responsibility to acquire a work permit rests with the applicant, not employer. The permit is tied to a specific position and employer. Page 9 of 27
2. Residence and Family Matters Estonia Finland France Germany temporary Visa type D (max. 6 months); temporary stay permit (max. 5 years). Fixed-term temporary ("B") permit (up to 2 years); fixed term continuous ("A") permit (max. 4 years) Various temporary stay cards (max. 1 year). Various visas, permits (max. 3 years, usually 1 year). permanent 1) Long-term permit for EU and EEA nationals 2) EC long-term permit 3) Permanent permit. 1) permanent permit 2) EC long-term permit. EC long-term permit (10 years validity, automatic right to renew). 1) settlement permit 2) EC long-term permit. Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility 5 Estonian nationals, aliens who have resided in Estonia for at least 2 years, students are generally not eligible 1) 4 2) 5 Residence permit holders 5 EU nationals, French nationals, foreigners living in France for at least 18 months with a stay permit for at least one year. 5 German citizens, EU citizens, third country nationals who hold a permanent permit or a permit for at least two years. Spouse (minimum age) Partner Minor unmarried children Dependent parents Rights of reunified family Spouses are eligible to work. No Status generally same as that of sponsor. (18) Spouses and children are eligible to work. No Eligible to work. Eventually eligible for permanent. Initial maximum duration of permit Fee for permit Estonia's system is a mixture of fixed-quota, labour-market testing (employer must spend 2 months searching), and an employer selection process combined with verification by the state. Residence permit and employment permit required. Generally, coming to Finland as a job-seeker is not possible; only citizens of Nordic States and EU citizens or the equivalent may stay for up to three months seeking work. Very limited labour immigration. A single permit authorizes both stay and work. Varies Residence title that permits employment must be granted by the Federal Employment Agency. Page 10 of 27
2. Residence and Family Matters Greece temporary Various permits for different purposes. permanent Long-term permit Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility 5 Third country nationals who have resided in Greece for two years or longer. Spouse (minimum age) (18) Partner Minor unmarried children Dependent parents Rights of reunified family No No Personal permits are initially issued for a maximum of 1 year. May later be renewed. Family are eligible to work. Initial maximum duration of permit Fee for permit Possible to change employers within same specialty area. Page 11 of 27
2. Residence and Family Matters Hungary Ireland Italy temporary Visa for stay (bound to specific purpose, max 1 year); temporary permit (2 or 5 years, depending). Certificate of Registration and long-term permit. No general provisions on short stay. permanent 1) national permanent permit 2) EC permanent permit 3) interim permanent permit (5 years, possible to renew). Permission to "indefinite leave to remain". 1) Residence card 2) unlimited permit Years in country to receive permanent status 1) 3 2) 5 Language requirement Family eligible for reunification Sponsor eligibility Hungarian nationals, EEA nationals, third country nationals who hold a long-term visa, temporary permit, national or interim permit or and EC long-term permit. Spouse (minimum age) Partner Minor unmarried children Dependent parents Rights of reunified family No Spouses of permanent residents are eligible to work after 1 year. Generally, labour market test is required for labour permit. 8 No In some case s. 1) 6 2) 5 Foreigners with card or permit for more than 1 year In some cases, automatically eligible to work. Otherwise, must apply for employment permit. Eligibility for permanent depends on status of sponsor. Eligible to work. Initial permit has maximum validity of 2 years. Initial maximum duration of permit Fee for permit Employer must request work permit. 2 1,000 EUR, 1,500 EUR for renewal (Gree n card) Special programmes: Green card: must have 2 year contract w/ salary of EUR 60,000+ or EUR 30,000+ in strategically important occupation. Possible to change employer after first 12 months. Intra-company transfers: limited to senior management, key personnel or those in a training programme. Minimum salary of EUR 40,000. Graduate Scheme: Individual must have received a degree from an Irish third-level educational institution after 1 January 2007. 6 month period for the purpose of seeking employment and gaining a Green Card or Work Permit. 1-2 Possible to change employers. Possible to enter the country and search for work in limited cases. Page 12 of 27
2. Residence and Family Matters Latvia temporary Various temporary permits (max 6 months, or 1 year, depending on purpose). permanent 1) EC long-term permit 2) permanent national permit. Years in country to receive permanent status 1) 5 2) 5 Language requirement Family eligible for reunification Sponsor eligibility Latvian citizens, non-citizens of Latvia and foreigners with permanent permit; EU citizens. Spouse (minimum age) Partner Minor unmarried children Dependent parents Rights of reunified family Initial maximum duration of permit Fee for permit No Employment of a foreign national may be approved if the vacancy has not been filled within a month of registration at the State Employment Agency. The State Employment Agency has the authority to authorize or decline offers of employment. Lithuania Various temporary permits (6 months to 5 years). Permanent permit. Luxembourg No explicit possibility of permanent status. 5 EU citizens; Lithuanian citizens; third country nationals in possession of a permit Current legislation has no provisions on family reunification, generally required sponsor holds work permit; there is no legal security in this matter and foreigners may have to wait several years before being granted the right to family reunification., for regis gistered partners. 1 Not possible to change employers. Applications for work permits and permits may be examined at the same time; permanent permit holders and holders of certain temporary permits are exempted from the work permit requirement. 1,4 or unlimited 3 types of work permits: A (1 year, single profession and employer), B (4 years, single profession, but is not limited to a single employer), C (unlimited time, all professions/employers). Initial residents receive type A, upon renewal type B, after 5 years type C may be granted. Not possible to switch employers in first year. Page 13 of 27
2. Residence and Family Matters Malta temporary permit (1 year, apply to Director of Citizenship and Expatriate Affairs within first 3 months of stay) permanent 1) long-term permit (automatic right to renew, every 5 years, equal rights as Maltese including labour market access) 2) permanent permit (automatic annual right to renew, no labour-market access). Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility 5 EU citizens in Malta may be joined by their family, without this family requiring a permit. For a third country national to sponsor, he must hold a permit valid for at least one year and have reasonable prospects of obtaining a right to permanent. Generally, sponsor must have spent 2 years in Malta. Spouse (minimum age) (21) Partner Minor unmarried children Dependent parents Rights of reunified family No No Generally same employment rights as sponsor. Generally granted full access to labour market after 1 year Initial maximum duration of permit Fee for permit 1 Maltese employment policy is restrictive. Normally recipients of work permits are either highly qualified workers or persons from the field of tourism. Renewal of the work permit is subject to a EUR 35 fee. Page 14 of 27
2. Residence and Family Matters Netherlands Poland temporary Various temporary permits (may not switch to permanent ) and "nontemporary" permits (may switch to permanent ). Long-stay visa (<1 year); permit for a specified period of time (<2 years). permanent 1) Permanent permit 2) Settlement permit. 1) EC long-term permit (5 years, renewal) 2) settlement permit (10 years, renewal; for those ineligible for EC long-term ). Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility 5 Eligible are holders of permanent permits, holders of temporary permits (some categories excluded). Sponsor must have income equal to 100% of social welfare norm for family size. No waiting period required before sponsor can apply for family reunification. 1) 5 Polish citizens, EU citizens and third country nationals residing in Poland: on the basis of (1) a settlement permit; (2) an EC long-term permit; (3) for at least for two years on the basis of a permit for a specified period; (4) and who have been granted refugee status. Spouse (minimum age) (18) Partner Minor unmarried children Dependent parents Single Rights of reunified family No No Residence permit granted for same length as sponsors' permit. Initial maximum duration of permit Fee for permit Employer must obtain a work permit from the Minister of Social Affairs and Employment, then the individual can obtain a permit for employment purposes. Initially, the migrant must apply to change jobs. After 3 years, the migrant can obtain free access to the labour market. Migrant may be exempted from traditional work permit through the Knowledge Migrant Workers Scheme, for individuals earning EUR 34,130+ or EUR 46,541+, depending on age. These permits are granted for a maximum of 5 years 1 Requirements: visa and permit, promise to issue a work permit or written guarantee of employment in event that a work permit is not required. Voivodship Marshal issues work permit after migrant's arrival. Page 15 of 27
2. Residence and Family Matters Portugal Romania temporary Temporary permit (<1 year, renewal possible). Temporary permit (specific to the purpose of stay, fee). permanent 1) EC long-term permit 2) national permanent permit. Permanent stay permit (5 years, renewal, equal rights as Romanian citizens including labour market access, EUR 170 consular tax fee). Years in country to receive permanent status 1) 5 2) 5 Language requirement Family eligible for reunification Sponsor eligibility Residence permit holders are eligible. 5 Eligible are Romanian citizens, holders of a temporary or permanent stay permit, aliens with a right to stay for the purpose of studies. Spouse (minimum age) Partner Minor unmarried children Dependent parents Rights of reunified family If sponsor holds a temporary permit, family will receive a similar permit. If sponsor is a permanent resident, family will initially receive authorization for 2 years. Family members are entitled to work and have the right to an education. Initial maximum duration of permit Fee for permit Long-term employment is allowed on the basis of a visa for dependent professional activity. Governed by quota limitations. More favourable provisions apply to scientific investigators and highly qualified professionals. 1 To obtain a long-stay visa for employment, the employer must request a work authorization from the Romanian Immigration Office. The alien must have minimal knowledge of Romanian. Work authorizations are limited by quota. The stay permit is not restricted to a single employer, region, or type of work. Page 16 of 27
2. Residence and Family Matters Slovak Republic Slovenia temporary Temporary permit (<2 years, for a specific purpose, possible to renew). Temporary permit (<1 year, for specific purpose). permanent Permanent permit (initial duration is 5 years, may request unlimited duration upon renewal). Permanent permit (grants long-term resident status). Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility Temporary or permanent resident permit holders, persons granted asylum. 5 Slovenian citizens, EU citizens, third country nationals who have permission for permanent or temporary for at least 1 year. Spouse (minimum age) (18) Partner Minor unmarried children Dependent parents No single Rights of reunified family Depends on sponsor status. Access to labour market, no work permit required. Depends on sponsor status. First temporary permit cannot exceed 1 year, may later be extended. Unrestricted access to labour market. Initial maximum duration of permit Fee for permit The alien or employer must apply for a work permit from the Office of Labour, Social Affairs and Family. Work permits are subject to quotas. The work permit is valid only for the specific type and place of work for which the alien applied. The alien must also apply for a temporary permit on the ground of employment at a foreign mission. A foreigner may work in Slovenia if he has obtained a work permit and has been registered by his employer at the Employment Office. There are 3 types of work permit: personal work permits (unrestricted access to labour market), employment work permits (restricted to specific employer), and work permits (seasonal workers and other special categories). Work permits are subject to quotas. The foreigner must also obtain a permit. Page 17 of 27
2. Residence and Family Matters Spain Sweden temporary Temporary authorization (<5 years, for specific purpose, generally initial duration is 1 year). Temporary permit (normally issued for 1 year). permanent Identification card for foreigners (proves permanent resident status, to be renewed every 5 years). 1) EC long-term permit 2) permanent permit. Years in country to receive permanent status Language requirement Family eligible for reunification Sponsor eligibility 5 Sponsor has been living in Spain for one year and has authorization to stay for at least another year. No special condition in years. Swedish citizems, EEA nationals, third country nationals holding a resident permit. Spouse (minimum age) Partner Minor unmarried children Dependent parents Rights of reunified family Depends on sponsor status. If sponsor is a permanent resident, the first title expires on same date as sponsor's identity card for foreigners. The second authorization is then permanent. Family must generally apply for full-time authorization to work. / No b) Entitled to work. Initial maximum duration of permit Fee for permit 1 Foreigners may be hired either in cases of "hard to fill employment" or on the basis of a quota system. Employer must request a temporary and work authorization from the Ministry of Work and Social Affairs. 1-1.5 Employer must report intent to employ a foreigner to the County Labor Board, which decides on the need for alien workers. If the decision is positive, the foreigner may submit an application for an employment permit to a Swedish embassy or consulate. For employment exceeding three months, both work and permits are required. Page 18 of 27
2. Residence and Family Matters United Kingdom temporary "Limited leave status" (<5 years, no general provisions, depends on specific immigration category). permanent Years in country to receive permanent status "Indefinite leave". 5, 10, or 14 Language requirement Family eligible for reunification Sponsor eligibility Sponsor settled in UK, sponsor has "limited leave" (some categories only), sponsor is an EEA national. Sponsors with "limited leave" receive the least flexibility and benefits in family reunification. Spouse (minimum age) (18) Partner Minor unmarried children Dependent parents / No b) Rights of reunified family Depends on status of sponsor. Initial maximum duration of permit Fee for permit 4-5 270 Employer must obtain a work permit from Work Permits UK. Special programmes: Highly Skilled Migrants Programme, Sectors-Based Scheme, International Graduates Scheme, Fresh Talent Working in Scotland Scheme. *) More restrictive policies apply depenind upon sponsor's status and nationality. (a) EC long-term permit generally allows for more freedom of movement within the EU and is often more difficult to obtain than comparable national permits. (b) Depending on immigrants status up to unlimited. Page 19 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Austria 1 For individuals who have committed contractually to an activity classified as selfemployment for a period exceeding 6 months. Requires statement from the Labour Market Service. Primary areas are tourism and agriculture. The maximum permit duration is 12 months in 14 months. Belgium No specific provisions for seasonal workers. Duration in Months/year Financial 1 4,274 or 8,280 EUR/ year (depending on age). n/a EUR 524 per month. to work With a work permit (quota system makes these difficult to obtain). to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration Bulgaria 1 "free-lance activity" is subject to a permit from the Ministry of Labour and Social Policy. Requires a business plan. Cyprus 12 months Unlilimitmited Unencumbered capital of EUR 256,000 to EUR 342,000 Specific provisions to excercise an independent profession (that is any activity carried out individually including an artistic activity). 6 1 1 year No specific provisions for seasonal workers, possible under temporary employment permit. 3 1 Sufficient resources to cover fees for the first year of studies as well as living expenses for the first three months of his stay. No, except with special permit for training. Only with change of the permit. Page 20 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration Czech Republic 2 To start a business, the foreigner requires a trade license, registration in the Czech Companies Register and a stay permit. Denmark 1 Residence and work permit are required. No specific provisions for seasonal workers. No specific provisions for seasonal workers. 1 Only with a work permit. n/a 1, 15 hours/week, full-time in summer. n/a 18 months 18-34 Estonia 63,900 (investment) Finland The business in question must be profitable. Profitability is assessed by the Employment and Economic Development Centre on the basis of various reports obtained in advance, the business plan or binding preliminary contracts and funding agreements. n/a 6 EUR 115 per month Aliens who arrive in the country in order to pick or harvest berries, fruit, specialty crops, root vegetables or other vegetables, or to work on a fur farm., for work integrated with studies or unremunerated work. Otherwise, work permit needed. 3, for work required by studies program, maximum 25 hours/week, unrestricted during holidays. May receive 6 mon-ths temporary for purpose of seeking work. Bilateral agreement, the so-called Holiday Agreement, with Australia and New Zealand, whereby nationals of these countries can apply for oneyear visas with the primary aim of conducting a holiday. Page 21 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration France 1 Foreign Tradesman Identity Card required as well as a temporary stay permit. Germany 3 500,000 and the creation of 10 new jobs. 6 Sufficient means for living. Occurs primarily agricultural sector., part-time up to 60% of annual working duration. 4 2, student employment at university and up to 90 days (180 half-days) in other jobs. For highly skilled, a 6 month permit may be delivered, with eventual possibility for a stay permit. After completion of final degree, may receive 1 year for job search. Third country nationals belonging to German ethnic groups in Eastern European countries or those states formerly part of the Soviet Union; Third country nationals displaced in World War II and their descendants; Third country nationals who lived in the federal territory as minors and who have a right to return after a durable departure. Page 22 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration Greece 2-3 60,000 (capital); 300,000 (investment) Two types of selfemployment: independent economic activities and investment activities. Hungary Long-term visa for the purpose of gainful employment required. Greece has bilateral agreements with Egypt, Bulgaria and Albania. 6 1 EUR 500 per month, part-time with work permit. 6 2 Persons of Hungarian origin. Ireland n/a 300,000 (investment) If a new project, the proposed business must create employment for at least two EEA nationals. Italy 2 Must be registered in the Commercial Chamber, business plan not required. No specific provisions for seasonal employment. Latvia 5 No specific provisions for seasonal employment. n/a 1 "casual employment" for <20 hours/week, full-time during vacation periods. 9 1, up to 20 hours/week, limit of 1040 hours in 52 weeks., with work permit up to 20 hours/week. "Graduate scheme" allows graduates 6 months to seek employment/gain green card/work permit, may work during this time. Medical treatment; Retired third country nationals. Page 23 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration Lithuania 1 Foreigners eligible for self-employment are not obliged to obtain work permits. Luxembourg 1 Current legislation does not provide specific provisions on selfemployment, current practice requires applicant to obtain authorization of establishment from the Department of Middle Classes and apply for a permit from the Ministry of Foreign Affairs. Malta A work permit is usually granted to an individual who incorporates a limited liability company approved by the Malta Development Corporation. The company must be centered in Malta and export at least 95% of its products. No specific provisions for seasonal employment, however a temporary work permit may be issued for 6 months/year. Current legislation does not include specific provisions regarding seasonal workers. There are no specific provisions on seasonal work. 6 1, with work permit after 1st year of studies during academic holidays for no more than 20 hours/week. No EUR 1,200 Tuition + 6523 EUR (for 1 year's expenses). Page 24 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration Netherlands n/a For innovative activities beneficial to the Dutch economy. Business plan required. Currently very few of these permits are granted. Poland As a general principle, a permit for selfemployment is obtained on the same conditions and under the same procedure as in the case of employment. The applicant must prove that the economic activity is beneficial to the Polish economy. Residence visa for immigrant entrepreneurs if migrant has made investments and possesses sufficient finances. Temporary Portugal permit for the purpose of carrying out an independent professional activity, if company is legal, applicant is qualified and registered with the social security system. 5.5 (24 consecutive weeks) Special agreements exist with Germany, Russia, Belarus and Ukraine for work connected with agriculture, horticulture, farming, and animal breeding. May be employed under temporary stay visa, if applicant has a contract and a labour market test has been satisfied. 1 <10 hours/ week, full-time in summer. Work permit required, but no labour-market test. 3 months to find work. 24 week s to 1 year. Medical treatment; Au pairs; Staff of religious organisations; Former Dutch nationals 6 1 No Repatriation of persons of Polish origin who are citizens of the former Asian republics of the Soviet Union. 1 Page 25 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration Romania Commercial activity: funds of at least EUR 70,000-100,000. Slovak Republic Long-stay visa for economic activities, longstay visa for individual professional activities, long-stay visa for commercial activities (must submit a business plan for approval from the Romanian Agency for Foreign Investment). A temporary permit may be granted on the basis of business. Trade license is issued after the permit. Slovenia 1 Personal work permit for self-employment (1- year validity). Business plans are not examined. Self-employment is not subject to quotas. Spain 1 Various, including sufficient level of investment and potential to create employment. Sweden 1 Residence permit for self-employed activity. Delivery of this permit is conditional on a thorough commercial evaluation establishing that the business plan is realistic. Requires work authorization from the Romanian Immigration Office. 180 days 6, <10 hours/week, no work permit required. 6 to 9 1, with work permit. No labour market test. Seasonal work is exclusive to forestry, gardening and related sectors. Seasonal labour is subject to quotas. 9 1, with work authorization, subject to restrictions. 3 1 773 EUR/ month., no work permit required. May apply for a temporary permit for the purpose of employment. Applies under same conditions as other foreigners. Fulfillment of official duties by civil units of armed forces. Must apply for a work permit. Page 26 of 27
3. Work Matters Self-employment Seasonal work Studies Trainees Investment/capital Duration in Months/year Financial to work to stay after graduation Maximum length of traineeship Age requirement Other categories of legal immigration United Kingdom EUR 287,599 to invest in the business (creating employment), or between EUR 1m and 1.5m to invest generally (without involvement in a business/creatio n of employment). Under the Immigration Rules, the main are: applicant intends to set up a business that will create full-time paid employment for at least two persons in UK, to maintain a minimum 5 percent shareholding in the business Seasonal Agricultural Workers Scheme. 6 <20 hours/week, more during academic holidays. Must apply for a work permit. Page 27 of 27