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EU Immigration Authorities Can Only Refuse a Student Visa if a Person is a Risk to National Security

International students wishing to study in the European Union should not be denied a student visa by local authorities if they satisfy European entry requirements says the European Court of Justice (ECJ). This ruling comes with major implications for foreign students hoping to study at European universities.

The ruling
The ruling, published in September 2014 by the ECJ, concerns Mohamed Ali Ben Alaya, a Tunisian student who had been accepted to study mathematics at the Technical University of Dortmund and applied to the German authorities for a student visa.

The German immigration authorities refused his visa, saying that his grades weren’t high enough and he wouldn’t have time to learn German to an adequate standard before the course began.

Ben Alaya brought his case to the administrative court in Berlin, which in turn consulted the ECJ on the validity of the refusal. The Berlin court wanted to know if the German Immigration authorities were allowed to refuse his visa even though Mohamed Ali Ben Alaya fulfilled all the minimum requirements laid out by a 2004 European Commission directive on students from outside the EU.

Basically, the Berlin Court wanted to know if the Directive set up an exhaustive list of minimum requirements to meet or if national governments could add more requirements on top.

The applicant claimed to have proven that he met all the requirements, including the availability of financial resources; as for his proficiency in German, he claimed that he had mastered the language well enough to study mathematics, and that the entry level course was sufficient to bridge any gaps.

The ECJ concluded that the German authorities should have accepted the student visa, since the applicant appeared to meet the requirements of the EU’s current directive on non-EU students and did not pose a threat to public policy, security or health.

The Directive
The Directive was set out to promote the European Union as a “world centre of excellence for studies and vocational training.”

Requirements for non-EU students set out by the Directive are:

  • holding a valid passport or ID;
  • subscribing to an EU recognised health insurance programme;
  • to not be regarded as a threat to public policy, public security or public health;
  • have been accepted by an establishment of higher education to follow a course of study;
  • provide the evidence that during his/her stay he/she will have sufficient resources to cover his/her subsistence (amount determined by each country), study and return travel costs (i.e a paid flight/train ticket back to the country of origin);

and if the member state requires, provide evidence of

  • sufficient knowledge of the language of the course to be followed by him/her;
  • the applicant has paid the fee for processing the application;
  • the applicant has paid the fees charged by the establishment.

Implications for future foreign students
The ruling has significant implications for non-EU students looking to study in Europe.

First, it states that requirements to apply to study in Europe have been established exhaustively by the Directive, so that national government cannot add further requirements. Indeed, the aim of the directive was to harmonise access to EU Universities for non-EU students.

Secondly, the EU court confirms national authorities can only refuse a student visa if a person is a risk or a threat to public security and the rest falls into the hands of higher education establishments. So when it comes to a student’s language skills, which under the directive must be adequate before admission can be granted, it is the university’s opinion that counts.

While the right to come study in Europe is not too controversial, it is possible that EU countries will try regain more control by setting up quotas of student visa or restrain access to the local labour market. The UK, Ireland and Denmark are not concerned by the Directive.

Source: http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-09/cp140120en.pdf