Academic progress is a crucial requirement for international students from outside the EU. Such students must complete at least 50% of the nominal course load each year. If a student fails to do so, the educational institution must notify the IND of their enrolment’s termination unless there are personal circumstances justifying the lack of progress. Under the existing Code of Conduct, the same personal circumstance can only be claimed once in a specific reference period. This restriction has now been lifted.

On 16 July, the Administrative Jurisdiction Division of the Council of State issued an opinion on the application of Articles 6.5 and 6.6 of the Code of Conduct. According to the Council of State, institutions must take all relevant circumstances into account when terminating a student’s enrolment and the principle of proportionality takes precedence. This principle dictates that personal circumstances that continue into another academic year should not be discounted. That requires re-evaluation of the existence of personal circumstances within the meaning of Article 6.5 of the Code of Conduct each time a student’s academic progress is deemed insufficient.

The restriction currently included in the 2024 version of the Code of Conduct will be officially removed in line with the Council’s opinion as part of the 2026–2027 assessment. In consultation with the umbrella organisations and the Ministry of Asylum and Migration, the National Commission asks that institutions adapt their policies accordingly. Institution directors are informed by letter. The change of policy has also been included on the website of the Code of Conduct.

Questions
If you have questions about the implementation of this change, please contact the umbrella organisation or the Code of Conduct office.