Background:  

The Finnish Immigration Service launched this ad hoc query to examine countries' practices regarding researchers' residence permits granted pursuant to Directive (EU) 2016/801. Article 18 links permit validity to the duration of the hosting agreement (at least one year, or shorter if the contract duration is shorter). In Finland, national authorities interpret the directive as prohibiting residence permits for any period, even retrospectively, not covered by a valid hosting agreement. Consequently, when a researcher transitions between research organisations, contract gaps create gaps in residence permit coverage. In Finland, these gaps affect researchers applying for permanent residence or citizenship, which require continuous, uninterrupted residence. This query compares practices across countries to support evidence-based policymaking in Finland. 

Respondents: 

A total of 24 EMN Member and Observer Countries (including BE) provided a public answer to this ad hoc query. 

Findings: 

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

• The vast majority of responding countries tie the validity of researchers' residence permits directly to the hosting agreement duration. In most countries, permits cannot exceed the period in the research contract. Only a few allow longer validity under national law: AT issues permits extending three months beyond the duration of the agreement, LT extends permits six months for contracts under two years, and EE applies a 270-day temporary legal stay post-expiry. 
   
• When renewing permits across hosting agreements, most countries grant the new permit starting from the effective date of the new agreement. When a gap occurs between contracts, immigration services in most countries (e.g. BE, FI, LV, LT, LU, NL, PL) issue the renewed permit effective from the start date of the new contract rather than backdating coverage. Conversely, AT, DE, EL, and RS may backdate or grant continuity from the expiry date under specific legal conditions, such as timely renewal submission. 
   
• Countries utilise various administrative mechanisms to bridge transitional periods and protect researchers' legal status. To prevent irregular stay while applications or new contracts are pending, several countries issue temporary bridging documents (e.g., Annex 49 in BE, Fiktionsbescheinigung in DE, digital processing certificates in FR, temporary certificates in HU, SURP certificates in LT, or application certificates in SI). Additionally, several countries permit researchers to switch to job-search residence permits upon completing research (e.g., up to 9 months in BG, 12 months in FR and ES). 
   
• The impact of gaps between residence permits on continuous residence requirements varies significantly across countries. In one group (e.g. BE, BG, EE, FI, LV, LT, ES), any genuine gap between residence permits interrupts the continuous residence period required for long-term residence or naturalisation. In contrast, in another group of countries (e.g. HR, CZ, FR, DE, HU, IE, PL, SK), a contract gap does not interrupt continuous residence if the renewal application was submitted in due time, temporary bridging status was granted, or the gap falls within statutory absence limits. 

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