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Right of residence for students
This Directive will guarantee nationals of the Member States access to vocational training by setting out the framework within which their right of residence is to be exercised.
Council Directive 93/96/EEC of the Council of 29 October 1993 on the right of residence for students.
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Following an appeal by the European Parliament, the Court of Justice annulled Council Directive 90/366/EEC on 7 July 1992 but maintained its effects until the entry into force of Directive 93/96/EEC. Each Member State will take the measures necessary to facilitate exercise of the right of residence by nationals of the other Member States in order to guarantee them access to vocational training.
Member States will recognise the right of residence to any student who is a national of a Member State and who does not enjoy this right under other provisions of Community law where the student assures the relevant national authority, by means of a declaration or by such alternative means as the student may choose that are at least equivalent, that he or she has sufficient resources to avoid becoming a burden on the social security system of the host Member State during his or her period of residence. The student must also be enrolled at an accredited establishment for the principal purpose of following a vocational training course there and must be covered by sickness insurance in respect of all risks in the host Member State.
The right of residence is extended to the student's spouse and dependent children.
The Directive does not establish any entitlement to the payment of maintenance grants by the host Member State to students benefiting from the right of residence.
Member States will issue a residence permit the validity of which may be limited to the duration of the course of studies and which will be renewable annually. Where a member of the family does not hold the nationality of a Member State, he or she will be issued with a residence document of the same validity as that issued to the national on whom he or she depends. The spouse and dependent children of a national of a Member State will be entitled to take up an employed or self-employed activity anywhere within the territory of that Member State, even if they are not nationals of a Member State.
Member States may not derogate from the provisions of this Directive save on grounds of public policy, public security or public health.
Not more than three years following the entry into force of the Directive, and then every three years, the Commission will draw up a report on the implementation of the Directive and present it to the Council and Parliament. The Commission will pay particular attention to any difficulties to which implementation of the Article concerning the granting of the right of residence might give rise in Member States. If appropriate, it will submit proposals to the Council with the aim of remedying such difficulties.
|Act||Entry into force - Date of expiry||Deadline for transposition in the Member States||Official Journal|
|Directive 93/96/EEC||-||31.12.1993||OJ L 317 of 18.12.1993|