Citizens of third countries may enter
and travel within the territory of the Member States applying the Schengen
provisions for a period of up to three months, provided they fulfil the
entry conditions laid down in the Schengen
acquis, now integrated into the EU. These
conditions include: the possession of a valid
travel document, and of a visa if required; being able to
demonstrate the purpose of the journey and the possession of sufficient
means of subsistence for the period of stay
and for the return. Furthermore, third-country nationals shall not be
listed in the Schengen information system for the purpose of refusing
entry and they shall not be considered to be a threat to public policy or
national security for all Schengen States.
The rights of non-EU nationals legally
residing in the territory of a Member State to travel within the European
Union are also outlined in the EU Charter of Fundamental Rights. The
charter asserts the right of every European citizen to move and reside
freely within the territory of the Member States. It adds that these
rights may be granted
to third-country nationals.
At present, the nationals of certain
third countries may enter the Schengen area on presenting their passports,
provided they fulfil the entry conditions specified above. People from
some other third countries need to have a
visa (Regulation (EC) No
539/2001).
The EU Member States applying the
Schengen Convention, as well as Norway and Iceland, issue uniform
short-stay visas valid for travelling in the whole
Schengen area. The conditions and criteria to issue uniform visas
are laid down in Articles 917 of the Schengen Convention and specified in
detail in the 'Common consular instructions' (OJ C 313, 16.12.2002, p. 1).
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Which nationals are subject to visa requirements?
The Amsterdam Treaty, which came into
force on 1st May 1999 harmonised the visa rules applying to travel for
non-EU nationals. EU Member States with the exception of the United
Kingdom and Ireland which, on the basis of a protocol annexed to the
Treaty of Amsterdam, maintain autonomous visa, immigration and asylum
policies are precluded from unilaterally determining the visa rules
related to short-term stays for nationals of any third country.
Accordingly, the Council has laid down
a
common list of countries, the nationals of which are subject to a
visa requirement when travelling through EU Member States (Regulation
No 539/2001).
This Regulation - and thus also the list of countries - has been
modified by Regulation n 2414/2001 and by Regulation n 453/2003.
A limited set of
derogations and exceptions exist for
specific categories of persons, notably on grounds of international law or
custom. Member States may therefore exempt from the requirement to carry
an EU visa, or reintroduce the visa obligation when they would otherwise
be exempted, the following categories of persons (OJ C 68, 21.3.2003,
p.2):
Which documents are required for family members who are not EU nationals?
When travelling with an EU citizen,
members of the EU citizens family need to carry a valid passport or
identity card. In the case of minors,
individual EU Member State legislation usually provides for the issue of a
special identity card or for an entry to be made in the passport of one of
the parents.
If the family members are
not EU nationals, the EU Member State(s) to
or through which travel is intended may require an entry visa, depending
on their nationality. This visa should be granted free of charge and
without undue formalities by the competent consulate authorities. These
freedoms apply to non-EU national family members only when they accompany
or join an EU citizen.
When travelling
alone, family members who are not nationals of an EU Member State
are not entitled to the visa arrangements mentioned above. Non-EU
nationals who wish to travel alone within the EU have to comply with the
normal visa requirements for their nationality.
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The residence permit as an alternative to the visa?
On the basis of the Schengen
Convention, now integrated in the EU framework, a valid residence permit
from a Schengen State, together with a travel document, can substitute for
a visa. Thus, a third-country national presenting his/her passport and a
valid residence permit issued by a Schengen State can be allowed to enter
another Schengen State for a short stay without needing a visa. This
equivalence does not apply to residence permits issued by the United
Kingdom and Ireland, since they do not apply the Schengen
acquis (although they requested to apply
some of the provisions on police and judicial co-operation in criminal
matters).
Thus, family members who are not EU
nationals do not require an entry visa when travelling alone if they
reside in a country that implements the Schengen
acquis and wish to travel to another Schengen country. Such family
members may travel freely and without a visa within the Schengen area,
provided they are in possession of their identity document and an EU
residence permit.
National long-term visas
In principle, national long-term visas
delivered by one Member State only allow to transit through the territory
of the other member States. However, under special circumstances,
long-term visas issued by Member States applying the Schengen acquis may
be valid concurrently as uniform short-stay visas and thus give right to
travel within the whole Schengen area for a three-month period from the
date of validity of the visa.
New Commission proposal
After the integration of the Schengen
acquis in the framework of the European
Union Treaties, the Commission presented a proposal
(COM(2001) 388 final)
which regroups the possibilities to travel for different categories of
third-country nationals. This proposal introduces a special travel
authorisation, which would enable third-country nationals to stay up to
six months in the territory of the Member States on condition that the
stay in one Member State does not exceed three months.
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source: European Commission.
