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- In the general migration context, requirements for and scope of admission to the education system to migrants and refugees in a host country.
- In the EU migration context, requirements for and scope of access to the education system for third-country nationals (such as legally resident migrants, beneficiaries and applicants for international protection) in EU Member States.
- Developed by EMN
- Derived by EMN from Art. 11(1b) of Council Directive 2003/109/EC (Long Term Residents Directive), and Art. 27 of Directive 2011/95/EU (Recast Qualification Directive).
- Art. 17 and 18 of the Geneva Convention and its Protocol accord refugees lawfully staying in a host country the right to work and to engage in wage earning employment or self-employment. However, the Convention does not explicitly grant the right to work to asylum-seekers. It also does not prohibit the use of employment restrictions (to specific sectors, or regarding the duration of the work, or the priority for specific categories of persons).
- In EU Member States, the scope of access to education and vocational training of third-country nationals depends on their residence or employment status.
- Art. 11(1b) of Council Directive 2003/109/EC (Long Term Residents Directive) ensures that long-term resident third-county nationals enjoy equal treatment with nationals as regards access to education. Pursuant to Art. 11(3b) EU Member States may require proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.
- Art. 27 of Directive 2011/95/EU (Recast Qualification Directive) states that minors granted international protection have full access to the education system under the same conditions as nationals. It also allows adults granted international protection access to the general education system, further training or retraining, under the same conditions as third-country nationals legally resident.
- Art. 14 of Directive 2013/33/EU (Recast Reception Conditions Directive) provides for minor applicants for international protection access to the education system under similar conditions as nationals for so long as an removal order is not enforced. Such education may be provided in accommodation centres.