MOMI law

Summary
Students from outside the EU fall under the Modern Migration Policy (MoMi) Act and must actively demonstrate that their study visa is valid. On this page you can read how this is done.

Introduction

Students of Fontys ICT who have a study visa, fall under the Law on Modern Migration Policy also called the MoMi law. They must demonstrate that they are actively studying in order to retain their residence permit.

Inspection IND via Student Services

Once a year (September - October) the Dutch Immigration and Naturalisation Service (IND) wishes to know if the students have achieved at least 50% of the number of EC's to be achieved. Fontys Student Services Department (SV) supplies an annual list of students to be monitored within the framework of MoMi. Within Fontys ICT, this list is maintained by the Student Desk and returned to SV.

Interview

Students who have achieved less than 50% of the EC to be obtained, are always invited for an interview by the mentor or semester coach before he is deregistered from the SV list. Often, during this interview, the student asks whether he can still transfer to another study programme or main subject within Fontys. However, transferring within Fontys is NOT allowed if the student has obtained less than 30 EC. However, it is possible to transfer to study programmes outside Fontys.

Transfer guideline

If the MoMi student started in September, he must have obtained at least 30 EC's in the measurement. An exception to this rule can be made on an individual basis via the Examination Board, but only with external “mitigating circumstances” (verschoonbare redenen).

Mitigating ​circumstances

The Dutch Higher Education and Scientific Research Act (WHW) mentions mitigating ​circumstances ('verschoonbare redenen')1) On the page of the Student Services Department the following are given as mitigating ​circumstances:

  • Illness
  • Functional impairment
  • Pregnancy
  • Special family circumstances
  • Board position
  • Non-studyability (e.g. credits awarded only at the end of a traineeship)

However, these mitigating ​circumstances may each be used only once during the student's studies!

Students who have not started annual verification

If students have not yet started their annual check for residence permit conditions in VisaCare, they receive several reminder emails about this. Eventually, they receive a final e-mail ‘last call annual check’ stating that they must have uploaded all their documents within 2 weeks, otherwise Fontys is forced to inform the IND that they do not meet the conditions of the residence permit. The Student Desk informs the exam room about these students with a request to contact them to explain the seriousness of the situation, so that we can prevent cancellation.

Regular students

For non MoMi students, the entire MoMi Arrangement does not apply. So they're always allowed to switch within and outside Fontys.

Information at a glance

1)
In the WHW referred to as 'bijzonder omstandigheden' (special circumstances).