Admission of Non-EU nationals for the Purposes of Study, Training or Voluntary service

• The directive applies to the entry and residence of non-EU nationals for research, studies, traineeships and participation in the European Voluntary Service (EVS).
• EU countries may themselves decide to apply EU-level rules to non-EU nationals wishing to come to the EU for a pupil exchange, an educational project, a volunteering activity outside the EVS or an au pair placement.

Admission

• Applicants must fulfil both general and category-specific conditions.
• The general conditions include:
  • a valid travel document for the duration of the intended stay;
  • evidence of sufficient resources to cover subsistence and return travel costs;
  • health insurance.
• Examples of specific conditions are a ‘hosting agreement’ or contract for researchers, or acceptance by a higher education institution for students.

Rights

• The right to be treated the same as EU citizens is largely based on Directive 2011/98/EU. This means, for example, that researchers — except in cases where EU countries can apply exceptions — are entitled to be treated on an equal footing with EU citizens.
• Students can work outside their study time — EU countries are not allowed to restrict their working hours to under 15 hours a week.
• Students and researchers have the right to stay for at least 9 months after finishing their research or studies, to look for work or set up a business.
• Family members of researchers are allowed to join them under specific conditions.

Mobility

• Researchers, and students who are covered by programmes that promote the movement of non-EU nationals within the EU (e.g. there is an agreement between 2 or more higher education institutions in one or several EU countries), can carry out part of their studies or research in another EU country.
• The procedure to be followed depends on the length of time they are to spend abroad. Family members of researchers are allowed to accompany them under the same conditions to another EU country.

Procedure and transparency

The directive sets out the rules on the processing of applications:

• EU countries must meet specific deadlines in dealing with applications.
• Information must be provided on entry and residence conditions, including the minimum amount of money required per month.
• EU countries may charge fees for handling applications. However, these must not be disproportionate or excessive.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 22 May 2016.

Please note * Extract taken from another directive:

“the conditions of entry to, and residence for a period exceeding 90 days in, the territory of the Member States, and the rights, of third-country nationals, and where applicable their family members, for the purpose of research, studies, training or voluntary service in the European Voluntary Service, and where Member States so decide, pupil exchange schemes or educational projects, voluntary service other than the European Voluntary Service or au pairing”;  

EU Spain included:

Information EU

Spain Government:

Use your computer for translation to your language.

Authorisation to enter and stays as a volunteer

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.