Planning and Managing the Legal Journey

1. Pre-arrival

The pre-arrival phase is where many legal, administrative and practical barriers first appear. Programme design should take account of how student visas work, the documents required, the costs involved, the actors responsible and the time needed to complete each step.

1.1 How student visas work and associated challenges/barriers

International student visas are issued by European states to third-country nationals who have been admitted to accredited higher education institutions. Applicants are generally required to provide proof of admission, evidence of sufficient financial means, health insurance, valid travel and identity documents, and a criminal record certificate. In many cases, they must also submit officially certified and translated academic transcripts and diplomas, and may also need a language certificate.

For refugees, these requirements can create significant barriers. Forced displacement may interrupt access to passports, identity documents and academic records, or lead to their loss. Replacement documents can be expensive and may require legal residence or physical presence in the country that issued them, which may not be possible for refugees.

Visa assessments may also disadvantage refugees whose migration histories reflect protection-related movement. Applications may be refused because of concerns about perceived migration intent.

A higher education institution may waive language assessment requirements or accept incomplete academic documentation, but the embassy assessing the visa application may still apply standard visa requirements. This means that admission flexibility does not automatically translate into visa flexibility.

There are also many indirect or invisible costs, such as document fees, translations and travel to visa appointments, particularly for refugees living outside capital cities. Scholarships often do not cover these costs. As a result, qualified students may be unable to benefit from opportunities or may take predatory loans to pay for the process.

Limited availability of visa appointments can further restrict access. A useful practice is to inform the relevant embassy of anticipated visa requests, either through coordination with the Ministry of Foreign Affairs or through UNHCR in the country of first asylum.

1.2 Timeline considerations

Education pathways require realistic timelines so that refugee students can arrive in time for the academic year. Delays at any stage can prevent students from taking up the opportunity.

• Application to a university programme: universities also have their own timelines for processing international student applications.

• Access to documentation: refugees without national passports may need refugee travel documents. Issuance can take several months, so the process should begin as early as possible.

• Visa application: visa appointments can be difficult to obtain and may cause major delays. Applications can usually only be made once all documentation is gathered. Refugees should receive clear information early on about the documents required and the fees involved. It can be useful to confirm requirements directly with the embassy.

• Travel: students should arrive in time for the academic year. Where possible, earlier arrival can help them settle, begin language classes and complete administrative formalities needed for their stay.

Programme actors should prepare a shared timelinethat identifies each step,expected documentation, costs and time requirements. This timeline should be used by all actors to identify where flexibilities are necessary to ensure effective access to the opportunity.

1.3 Importance of coordination and respecting coordination mechanisms

Education pathways for refugees require strong multi-stakeholder engagement because access depends on a complex chain of actors with different mandates and decision-making powers. Universities, embassies, migration authorities, scholarship providers, civil society organisations and protection actors each control different requirements, timelines and criteria, and these are not always aligned.

Coordination is essential to ensure consistent interpretation of requirements, timely information-sharing with embassies, recognition of refugee-specific circumstances and the inclusion of protection safeguards throughout the process.

Coordination is also needed to manage timelines, costs and practical barriers. A shared and realistic timeline and cost overview allows actors to identify bottlenecks early, clarify responsibilities and agree targeted flexibilities or support measures. Without coordination, education pathways may remain fragmented and inequitable, limiting their scale and effectiveness even where there is strong institutional interest or policy support.

A good practice is to establish a national coordination working group or community of practice that meets regularly to discuss challenges and identify solutions.

2. Post-arrival and Access to Rights

Legal frameworks continue to shape students’ options after arrival. They determine access to the host country, the conditions of stay, the rights attached to that stay and the pathways available after graduation. When assessing a suitable legal framework, actors should consider not only entry into the third country but also the impact on students’ future prospects.

2.1 Residence status and its implications

In practice, a student’s legal status may change several times during their stay. A refugee student may enter the country using one legal route, such as a student visa or humanitarian visa. Once they arrive, they may need to apply for or convert to a different residence status that allows them to stay during their studies. After graduation, they may need to move into another legal framework, such as a work permit, long-term residence procedure or international protection procedure, depending on what is available in the country.

This means that the education pathway should not only focus on how the student enters the country. It also needs to consider what happens next: how the student can renew their stay, whether they can work, whether they can remain after graduation, and whether the pathway can lead to a more stable or durable solution.

Students may also have options outside the country where they are studying. For example, if they cannot secure long-term residence in the study country, they may need to consider whether they can return safely to the country of first asylum, move to another country through a different legal route, or access another solution elsewhere. This is why legal planning should begin early and should continue throughout the student’s studies.

2.2 Selection and future prospects

When identifying and selecting students, programme actors should consider the potential consequences of the legal framework for sustainable participation in the new society.

Relevant questions to consider include:

• Is the student’s need for international protection sufficiently documented?

• Does the student already have competencies, such as knowledge and languages, that could help convince an employer to initiate a work visa procedure?

• Can the student return to the country of first asylum if the process does not go as planned?

2.3 Mobility and travel after arrival

A residence card is not a travel document for people of non-European nationality. Students must present a valid travel document, such as a passport, or Convention Travel Document, and may also need a visa for the destination country. In some exceptional cases, they may travel with another accepted document, such as a laissez-passer or one-way emergency travel document, depending on the issuing authority and whether the destination country accepts it.

This can limit travel to the country of origin or the country of first asylum. It can also restrict mobility within Europe, including participation in international exchanges as part of education or access to employment opportunities.

2.4 Access to rights and services

The type of residence status affects access to support from the educational institution and other institutional bodies, including discount schemes, accommodation, medical support and financial support.

Rights provided by a legal framework are not always put into practice automatically. In the first weeks after arrival, students usually need to complete administrative steps such as:

• notifying arrival in the country and registering with the local authority, including an address;

• signing and registering the accommodation contract;

• formally enrolling at the higher education institution;

• signing up for medical insurance;

• opening a bank account; and

• taking out contracts for services such as insurance, communication, mobility or energy.

4.2.5 Examples of where students can get stuck

Belgium provides useful examples of how students can get stuck in legal and administrative procedures. For example, submitting an application for international protection too soon after arrival can lead to a student being registered twice in the population registers: once on the basis of their entry visa and once as a person seeking international protection. This can cause significant delays in finalising registration and receiving a residence card, which is often needed to open a bank account, obtain internet or telephone subscriptions, and complete other practical steps after arrival.

Students can also be affected when government policy changes. For example, if government services no longer support commitments related to the extension of humanitarian visas, students may find themselves without a residence card after one year. In that situation, they may have to rely entirely on an application for international protection and may no longer have the possibility of obtaining a residence permit for work.

Belgium also shows how practical solutions may be needed when legal or administrative delays affect access to services. For example, a higher education institution has partnered with a bank to issue prepaid bank cards to students who have not yet been able to open a bank account. Students can use the available balance at payment terminals or withdraw cash, but they cannot yet make bank transfers or set up standing orders.

2.6 Recommendations

• Identify the relevant stakeholders who can help assess the impact of the legal framework on students. These may include student services at higher education institutions, municipal immigration offices and public social welfare centres. For more information, refer to the module on building strong partnerships.

• Ensure that alternative options remain available if the initial legal framework no longer applies.

• Communicate clearly with students about the legal framework throughout the identification and selection process, including what it means for their access to rights and their responsibilities. Legal assistance remains crucial after arrival, both to provide information and to refer students to a legal adviser for advice tailored to their circumstances.

• Guide students to the relevant administrative services to support smooth registration and to formally confirm their residence status and renewal conditions. See the Community Sponsorship and Integration Support module.

• Plan ahead for renewal procedures, including residence status, tenancy agreements and financial support, because the outcomes of these processes may influence one another.