Last week, a complaint filed by Scheers Advocatuur about the unauthorized unequal treatment of international (non-EU) students was dealt with by the Petitions Committee of the European Parliament.

The EU Directive on this subject (2016/801) states that international students are entitled to the same treatment as national students. This right to the same treatment also applies to education and vocational training. The Dutch requirement that international students must have sufficient (at least 50%) study results every year, otherwise their residence permit will be withdrawn – with the result that continuing their studies becomes problematic – is not in line with the requirement imposed on Dutch students that they must demonstrate that they have achieved sufficient study results in the first year only (in the context of the binding study advice – BSA). In any case, international students are directly or indirectly treated worse by this impediment to being able to continue their studies. The same standard must therefore apply to international students.

The European Commission (EC), which stressed at this meeting that a withdrawal of a residence permit must be proportionate and non-discriminatory, has indicated that it will launch an investigation. The European Parliament awaits the EC’s response and will keep the handling of this complaint open.