The Modern Migration Policy Act (MoMi) is the Dutch immigration law. It requires all non-EU/EEA students with a residence permit for study purposes at the University of Twente (UT) to achieve satisfactory academic progress. This means that you must obtain at least 50% of the EC that you can acquire during an academic year in order to keep your residence permit for the next academic year. In other words, if you are registered as a fulltime student for the entire academic year (i.e. your programme starts in September and finishes in August), you must obtain at least 30 of the 60 EC. In case you are starting or finishing your academic year in February, this means you must obtain at least 15 of the 30 EC since you are merely enrolled for one semester.
Please note that, although MoMi applies to all regular (Bachelor and (Pre-Master) non-EU/EEA students with a residence permit, the procedure for ITC-students differs from the information outlined below. If you are enrolled in the ITC faculty, please contact the ITC Student Affairs Office for further information.
BINDING RECOMMENDATION RULE (PRE-MASTER AND FIRST-YEAR STUDENTS)
In addition to MoMi, the University of Twente has set a ‘Binding Recommendation rule’ as well, which applies to Pre-Master and first-year Bachelor students. In order to continue your studies at the University of Twente, you need to meet the criteria of both MoMi as well as those of the Binding Recommendation rule. The Binding Recommendation rule entails:
- Pre-Master students need to pass 100% of the programme in order to continue to the regular degree programme.
- All first-year undergraduate (Bachelor) students at the UT (except ITC- and ATLAS-students), need to obtain at least 45 EC to continue to the next year of their programme. ATLAS-students need to obtain 60 EC yearly (100%).
Complying to the Binding Recommendation rule automatically means that you meet the requirements set by MoMi as well, whereas meeting the MoMi requirements does not automatically mean that you comply with the Binding Recommendation rule (e.g. if you are a first-year undergraduate student (non-ITC and non-ATLAS) and have obtained 35 EC, you meet the MoMi requirements but fail to comply to the Binding Recommendation rule by 10 EC.
A residence permit card that is valid for the duration of your course (plus 3 months). Regardless of the date shown on your residence permit card, you need to meet the requirements set by MoMi (50% of the required EC during each academic year). If you fail to meet these requirements, you residence permit can be revoked by the Dutch Immigration and Naturalisation Service (IND).
WHAT IF YOU FAIL TO MEET THE MOMI REQUIREMENTS?
In case you have obtained less than 50% of the required EC without any justifiable reason (see below), the University of Twente is obliged to report this to the Immigration and Naturalisation Service (IND). In most cases, the IND will then revoke your residence permit. After this, it is not possible for you to study at the University of Twente again.
Justifiable study delay
Satisfactory academic progress is evaluated between April and June of each academic year. However, students who are experiencing problems with their study programme are encouraged to contact their study adviser or Fainco (Faculty Internationalization Co-ordinator) as soon as possible.
In case of justifiable study delay (see below), students can request the Committee Personal Circumstances (CPO) to assess their circumstances. The ruling of the CPO will be taken into account when evaluating your academic progress. However, the CPO will only assess your circumstances after you have been interviewed by a student counsellor (see contact details below).
Justifiable grounds for study delay
Study delay may be attributed to various situations. However, the IND only recognises a limited number of situations for exceptions affecting progress evaluation. Moreover, you can only qualify once for each of these exceptions. Only the following justifiable grounds for study delay are recognised by law:
- Illness or pregnancy and delivery
- Physical, sensory or other dysfunction
- Exceptional family circumstances
This only applies to the board functions for which an activism grant has been allocated through the Activism Grants Regulation (see the recognised associations listed in FOBOS, Appendix B, Basic list for allocation of activism grants
- Insufficiently feasible study programme
- Other causes which would result in extreme unfairness
Steps to take
- If you experience a delay - or think you will experience a delay - in the progress of your study based on the circumstances mentioned above, you must contact your Fainco or study adviser immediately to draw up a study plan. If you are in doubt whether your circumstances are justifiable grounds for delay, you or your study adviser can always consult a student counsellor.
- Submit an application for assessment of your circumstances to the CPO as soon as possible (before 1 July of the concerning academic year). Your case will be dealt with confidentially. Please note that gathering the necessary evidence to support your application might take some time, hence it is advised to consult a student counsellor well in advance about the evidence needed.
- Arrange a meeting with the student counsellor as soon as study delay occurs (before 1 July); an interview will be scheduled before 15 July ). The student counsellor can advise you and help formulate the problem, as well as provide you with advice regarding (financial) regulations that might be applicable.
After your application
Once submitted, the Fainco of your educational programme will automatically receive a copy of your application. After your case has been assessed by the CPO, an advice will be given to the programme director. The programme director, who will take the advice of the CPO into account, decides whether your study delay is justifiable. Before reaching a decision, you will be given the opportunity to elucidate your views on your circumstances and study progress. You will get a written confirmation on the findings of the programme director.
If you study delay is not justifiable, the IND will be informed. They will take the final decision about revoking your residence permit.
If you require more information about MoMi or the Binding Recommendation rule, do not hesitate to contact:
- your fainco or study adviser concerning your study planning or when you have circumstances that are hindering you study progress;
- a student counselor if you think you need to apply for an assessment of your circumstances;
- the registry of the Committee Personal Circumstances if you have already applied for an assessment and want to know the status of your request;
- ITC students can contact the ITC Student Affairs Office (ITC students only).