Integration for Third-Country Nationals in the European Union
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Integration for Third-Country Nationals in the European Union

The Equality Challenge

Edited by Sonia Morano-Foadi and Micaela Malena

This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context.
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Chapter 11: The EU researcher directive and its implementation in German immigration law

Kay Hailbronner


With Directive 2005/71 (EU Researcher Directive) the EU created a new residence right for researchers of third countries, which entitles them to reside in one or more EU Member States for more than three months for the purpose of research. The aim of the Directive is to promote the mobility of scientists from third countries by providing attractive conditions of admission to the EU. There is a need for an estimated 700,000 researchers in order to achieve the aim of the European Council set in March 2000, to increase research spending to 3 per cent of gross domestic product. Based on the Directive, Parliament and Council adopted Recommendations in relation to the relaxation of visas and a Recommendation of 12 October 2005 for the relaxation of the admission of third-country nationals into the European Union for scientific research. The aims of Recommendation 2005/761 include to promote the issuance of short-term visas free of charge for researchers and to ease the mobility of researchers who frequently reside in the EU through accelerated issuance of visas, e.g. for repeated entry. Since the Regulation on Visa-Kodex of the Union entered into force, the Recommendations are no longer of practical importance. Art. 16 of the directly applicable Regulation envisages exemption from the general visa fee of €60 for researchers from third countries based on Recommendation 2005/761 if researchers intend to reside in the Union on a short-term basis. Recommendation 2005/762 intends to create favourable conditions for scientific research, which include removing the obligation to obtain a work permit, or by facilitating the automatic or accelerated issue of work permits. The admission of third-country national researchers should not be limited by quota. Third-country nationals are guaranteed that they can work as researchers with the possibility of having their work permit extended or renewed. The required residence permit should be issued rapidly, accelerated proceedings should be introduced, and steps should be taken to increase the involvement of research institutions in the proceedings for the admission of researchers. The Recommendation is not binding. The Recommendation can be used for interpretation purposes as far as the Directive gives room for interpretation.

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