Background:

In the Netherlands, adult migrants without a valid residence permit (in a situation of irregular stay) are currently not allowed to enrol in higher education studies or vocational training. Civil society organisations, higher education institutions and municipalities are raising awareness about this issue and have prompted the Dutch government to learn more about other Member States’ legal frameworks, policies and practices regarding access to education for irregularly staying migrants.

This ad hoc query aims to collect information about the steps that Member States have taken (if any) to provide for or improve access to education for irregularly staying migrants. This includes persons with long-term irregular stay, young adults who previously stayed legally as unaccompanied minors, persons whose applications for international protection have been rejected, and those who fail to meet all the criteria for a residence permit (e.g. due to lack of documentation or financial means). Undocumented minors have the right to education in all participating countries and are not covered by this query.

The ad hoc query also includes a question on access to employment for irregularly staying migrants.

Respondents:

23 EMN Member countries answered this ad hoc query, including BE.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Out of 23 responding countries, SE and DE are the only ones that offer undocumented migrants access to the labour market, under certain conditions. In SE, applicants for international protection who have received a return decision are allowed to continue working, if they already did so during their application procedure. In DE, undocumented migrants can work if they have been granted a temporary suspension of their return decision, for example, because their return cannot be carried out. In other countries, regularisation is the only way to gain access to the labour market.
   

• A residence permit is required to access higher education in most countries (17 out of 23). Some countries make exceptions to this, or offer arrangements that allow undocumented migrants to obtain a (temporary) residence permit for study purposes. For example, NL, HR, EE, IT and LV can grant temporary residence permits if the undocumented person leaves the country and submits a request through the competent diplomatic or consular post in their country of origin, though some recognise the practical barriers that this imposes on the migrants. Furthermore, some countries make exceptions to allow adult migrants who started their education as minors to finish their education. LU can grant residence permits to minors who have already attended education in LU and to undocumented migrants who have built up a bond with the country through a long-term stay.

  In the other countries, a residence permit is not a strict requirement for education and undocumented migrants have access to education to a certain extent. In BE and EL, undocumented migrants can register for higher education in theory, but there are significant practical barriers (for instance, the fact that in BE educational institutions do not receive subsidies for students without a residence permit). FI allows undocumented migrants to pursue higher education provided that their Finnish or Swedish language skills and prior education are sufficient to enter directly. Undocumented migrants in FI can apply for a residence permit for study purposes if they have sufficient financial resources and a valid passport, and do not have to travel back to their country of origin for this.
   

• Access to vocational training is often tied to the acquisition of a work permit, which excludes undocumented migrants. The exception to this is DE, where vocational training is accessible to undocumented migrants. After the successful completion of a training course, a two-year residence permit can be issued for work corresponding to the acquired qualification.

For further details, please read the compilation of answers attached above.