Visa policy of the Schengen Area

Freedom of movement

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 recognises the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States defines the right of free movement for citizens of the European Economic Area (EEA), which includes the European Union (EU) and three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on the free movement with the EU.

Citizens of all EEA member states and Switzerland holding a valid passport or national identity card enjoy freedom of movement rights in each other's territory and can enter and reside in the each other's territory without a visa.

If EU/EEA/Swiss nationals are unable to present a valid passport or national identity card at the border, they must nonetheless be afforded every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or corroborate or prove by other means that he/she is covered by the right of free movement.

However, EU, EEA member states and Switzerland member states can refuse entry to an EU/EEA/Swiss national on public policy, public security or public health grounds where the person presents a "genuine, present and sufficiently serious threat affecting one of the fundamental interests of society". If the person has obtained permanent residence in the country where they seek entry (a status which is normally attained after 5 years of residence), the member state can only expel them on serious grounds of public policy or public security. Where the person has resided for 10 years or is a minor, the member state can only expel them on imperative grounds of public security (and, in the case of minors, if expulsion is necessary in the best interests of the child, as provided for in the Convention on the Rights of the Child). Expulsion on public health grounds must relate to diseases with 'epidemic potential' which have occurred less than 3 months from the person's date of arrival in the Member State where they seek entry.

Non-EU/EEA/Swiss citizen family members

A family member of an EU/EEA/Swiss citizen who is in possession of a residence permit indicating their status is exempt from the requirement to hold a visa when entering the European Union, European Economic Area or Switzerland when they are accompanying their EU/EEA/Swiss family member or are seeking to join them. As from the 6 April 2015, the UK recognizes this document.

Non-EU family members who otherwise require a Schengen visa will still need one before they travel to Switzerland even if they possess a UK residence permit that clearly mentions that they are the family member of an EEA citizen.

Visa exemptions

Since 2001, the European Union has issued two lists regarding visas for the Schengen Area: a white list of countries whose nationals do not require visas (Annex II) and a black list of countries whose nationals do require visas (Annex I). The two lists are also adopted by Bulgaria, Croatia, Cyprus and Romania, even though the four countries are not yet part of the Schengen Area.

Individuals in the following categories can enter the Schengen Area, Bulgaria, Croatia, Cyprus, and Romania without a visa:

As of right

Citizens of 'Annex II' countries and territories

Citizens of the following 61 countries and territories holding ordinary passports:

Holders of local border traffic permits

Currently the local border traffic regulation agreements exist with Belarus (with Latvia since 2011), Moldova (with Romania since 2010), Russia (with Norway since 2012, with Latvia since 2013 and Poland 2012-2016¹) and Ukraine (with Hungary and Slovakia since 2008, Poland since 2009 and Romania since 2015). Agreement between Croatia and Bosnia and Herzegovina is pending ratification but is applied on provisional basis.

1. ^ Poland has suspended the border traffic agreements with Russia indefinitely from 4 July 2016.

Holders of non-ordinary passports

Recent EU visa waiver bilateral agreements are exempting holders of non-ordinary passports from a visa requirement. These waivers are applicable to the counter-party, the Schengen countries, Schengen associated countries (Iceland, Liechtenstein, Norway and Switzerland) and countries that are obliged to implement the Schengen acquis (Bulgaria, Croatia, Cyprus and Romania):

There are no common black or transit lists for holders of diplomatic, service and other official passports. States may still maintain a different policy on these.

Visa waivers maintained exclusively for diplomatic, official and service passports by member state:

Outside Schengen Area:

Other Schengen Area:

Despite the fact that visas are not required for ordinary passport holders, a visa is required for Australian diplomatic and service/official passport holders by Bulgaria and Cyprus, for Israeli diplomatic and service/official passport holders by Cyprus, for Mexican diplomatic and service/official passport holders by Cyprus and Iceland and for the United States diplomatic and service/official passport holders by Bulgaria, Cyprus, France, Greece and Spain.

Obtaining a visa

If a traveller cannot benefit from one of the visa exemptions listed above, they must take the following steps to obtain a Schengen visa:

The regular application fee for a short-stay Schengen visa is set at €60. A reduced fee of €35 is paid by children of age 6 to 11, and by nationals of Visa Facilitation Agreement countries (Bosnia-Herzegovina, Georgia, Kosovo, the Republic of Macedonia, Montenegro, Russia, Serbia, and Ukraine). Children under the age of 6, students and teachers undertaking a stay for the purpose of study or educational training, certain scientific researchers and representatives aged 25 or under of non-profit organisations attending events organised by non-profit organisations have their visa fee completely waived. If the visa fee is being charged in the local currency (rather than in Euros), the Schengen member state embassy/high commission/consulate should review the exchange rate used at least every two weeks.

Consular staff, external service providers' staff and border guards are not permitted to discriminate against visa applicants on the basis of their race, sex, ethnic origin, religion or belief, disability, age or sexual orientation.

A Schengen visa is only valid for the Schengen Area. For individuals who require a visa for Bulgaria, Croatia, Cyprus and/or Romania, a separate Bulgarian/Croatian/Cypriot/Romanian visa has to be obtained. Note that holders of a Schengen visa can enter Bulgaria, Croatia and Romania for up to 90 days in a 180-day period during the validity of their Schengen visa without having to apply for Bulgarian, Croatian and/or Romanian visas. However, holders of Bulgarian, Croatian, Cypriot or Romanian visas need to apply for a Schengen visa to enter the Schengen Area. Bulgaria additionally recognizes short stay and transit visas issued by Croatia, Cyprus and Romania.

A different procedure applies to long-stay visas issued by Schengen countries, Bulgaria, Cyprus and Romania for stays of more than 3 months (see below).

At the border

It is possible, exceptionally, to obtain a single-entry Schengen visa valid for up to 15 days on arrival at the border if the individual can prove that they were unable to apply for a visa in advance due to time constraints arising out of 'unforeseeable' and 'imperative' reasons as long as they fulfil the regular criteria for the issuing of a Schengen visa. However, if the individual requesting a Schengen visa at the border falls within a category of people for which it is necessary to consult one or more of the central authorities of other Schengen States, they may only be issued a visa at the border in exceptional cases on humanitarian grounds, on grounds of national interest or on account of international obligations (such as the death or sudden serious illness of a close relative or of another close person). In 2014, over 122,000 Schengen visas were issued to travellers on arrival at the border. People trying this way to travel to the Schengen Area, can get problems with the carrier's responsibility, that airlines are penalised if they bring passengers who are denied entry.

Unrecognised travel documents

As the following travel documents are not recognised by any Schengen country, Bulgaria, Croatia, Cyprus and Romania, visas are not endorsed inside the travel documents.

In addition, the following entities are not recognised as sovereign states by any Schengen country, Bulgaria, Croatia, Cyprus or Romania. Therefore, passports issued by them are not recognised as valid travel documents by any Schengen country, Bulgaria, Croatia, Cyprus or Romania, and visas will not be attached to such passports.

Statistics

Most visas were applied for from the following countries:

Visa facilitation agreements

The EU has concluded visa facilitation agreements that allow facilitated procedures for issuing visas for both the EU citizens and citizens of the partner country. The facilitated procedures include faster visa processing times, reduced fee or fee-free visa application processing, reduces list of supporting documents. The agreements are in force with the following countries:

These agreements are linked to readmission agreements that allow the return of people irregularly residing in the EU.

Visas with limited territorial validity

In exceptional cases, member states may issue visas with limited territorial validity (LTV) instead of a Schengen visa. A LTV visa may either specifically name member state(s) for which it is valid or, inversely, specifically name member state(s) for which it is not valid. Holders of LTV visas are only permitted to transit via, travel to, and circulate within the territories of, member states for which it is valid.

Schengen visa code that member states may issue LTV visas:

Despite the fact that LTV visas may be issued in exceptional cases only, some member state abuse the facility. For instance, the Spanish Embassy in Russia occasionally issues LTV visas to tourists.

Airport transit

In general, a passenger who transits through an airport in the Schengen Area, Bulgaria, Croatia, Cyprus and Romania while remaining airside will not require a visa.

However, on 5 April 2010, common visa requirements for airport transit were introduced by the European Union. At present, citizens of the following 12 countries are required to hold an airport transit visa (ATV) when transiting through any airport in the Schengen Area, Bulgaria, Cyprus or Romania, even if they remain airside:

However, citizens of the above 12 countries are exempt from airport transit visas if they:

Additionally, individual Schengen countries can impose airport transit visa requirements for nationals of other countries in urgent cases of mass influx of illegal immigrants. Eight countries (Finland, Iceland, Latvia, Poland, Malta, Romania, Slovenia and Sweden) currently do not use this provision and have no additional requirements. As Liechtenstein has indicated that it won't accept flights originating outside the Schengen Area, airport transit visa requirements are not relevant there. The other Schengen countries require airport transit visas for nationals from up to 23 (in the case of France) additional countries (See the table below).

Changes in the last 5 years

Changes to the entries on Annex I (list of visa nationals) and Annex II (list of visa-exempt nationals) are regularly considered by the Council of the European Union based on advice from the individual member states. The Council then proposes draft legislation which has to be approved by the European Parliament.

On 24 January 2011, Moldova officially received an action plan on visa liberalization from the EU's Internal Affairs Commissioner. In October 2013, the Commission proposed that visa requirements for short term visits be abolished for Moldovan citizens holding biometric passports. On 27 February 2014, the European Parliament approved visa-free travel for Moldovan citizens. The Council gave their consent on 3 April, allowing visa-free travel from 28 April 2014.

On 6 May 2015, a mutual visa-free agreement with immediate effect was signed with the United Arab Emirates. On 26 May 2015, a mutual visa-free agreement with immediate effect was signed with Timor-Leste. On 28 May 2015, a mutual visa-free agreement came into effect for nationals of Dominica, Grenada, Samoa, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago and Vanuatu. A visa waiver agreement with Tonga came into effect on 21 November 2015. A similar visa waiver agreement with Colombia came into effect on 3 December 2015. A visa waiver agreement with Palau entered into force on 8 December 2015. An agreement with Peru entered into force on 15 March 2016, an agreement with Kiribati on 23 June 2016, an agreement with Marshall Islands on 28 June 2016, an agreement with Tuvalu on 2 July 2016, an agreement with Micronesia on 20 September 2016.

On 5 August 2015, the European Commission submitted a Recommendation authorising the opening of negotiations on a short-stay visa waiver agreement with China for holders of diplomatic passports. The agreement was subsequently signed by both parties on 29 February 2016 and went into effect on 2 March 2016. The agreement, however, does not apply to UK and Ireland as separate visa-waiver agreements were already in force with these two countries.

Plans for introduction of an electronic authorisation

In November 2016, the European Commission proposed a system for an electronic authorisation of visa-exempt third country nationals called ETIAS (European Travel Information and Authorisation System). Under the proposal the ETIAS will be managed by the European Border and Coast Guard in cooperation with national authorities. Foreign visitors will be required to submit personal data in advance and pay a processing fee (fee is waived for children). Submitted applications will be processed automatically by checking against databases and watch lists and in case no issues appear the authorisation should be issued immediately. The authorisation request may be processed for up 72 hours in which case the applicant must be notified if the authorisation request was issued or refused or if additional information is required. In case the authorisation is refused the applicant will have the right of appeal in accordance with national law of the member state. The authorisation will be valid for five years. A travel authorisation with limited territorial validity may be issued only exceptionally. It is imagined as a system similar to the ESTA system of the United States and the eTA system of Canada. It is expected to enter into operation on 1 January 2020. The cost for developing ETIAS is estimated at EUR 212,1 million.

ETIAS requirements will not apply to

Asides from visa-exempt third country nationals the ETIAS requirements will also apply to

In addition, the EU citizens who have multiple nationalities will be obliged to use the passport issued by an EU Member State for entering the Schengen area.

Border crossing

The EU plans to establish a Registered Traveller Programme that would allow pre-screened travellers easier access. In 2013, the EU also adopted a proposal for establishment of an Entry/Exit System that would make it possible to identify overstayers.

Visa exemptions

On 7 November 2012, the European Commission announced a proposal to introduce visa-free travel for citizens from 16 island nations — 5 from the Caribbean (Dominica, Grenada, Saint Lucia, Saint Vincent and the Grenadines and Trinidad and Tobago), 10 from the Pacific (Kiribati, the Marshall Islands, Micronesia, Nauru, Palau, Samoa, the Solomon Islands, Tonga, Tuvalu and Vanuatu) and Timor-Leste. The European Parliament also amended the list to include three other countries: Colombia, Peru, United Arab Emirates in February 2014. Each of the 19 countries are required to conclude a bilateral Visa Waiver Agreement with the European Union. As of 7 October 2016, visa waiver agreements have been signed with 18 countries from the list (Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, United Arab Emirates and Vanuatu).

On 22 November 2010, the European Council and Ukraine announced "an action plan for Ukraine toward the establishment of a visa-free regime for short-stay travel". An action plan on visa liberalisation with Georgia was launched on 25 February 2013. In December 2015, the Commission concluded that both Georgia and Ukraine meet the criteria for visa liberalization. On 14 June 2012, Kosovo received a roadmap for visa liberalisation with the EU. In December 2015, the European Commission has adopted the third, and final, report on Kosovo’s progress in fulfilling the requirements of its visa liberalisation roadmap which lists eight outstanding requirements that remain. In December 2013, after signing a readmission agreement, the EU started a visa dialogue with Turkey including a "Roadmap towards the visa-free regime". The EU announced readiness to accelerate the implementation of the visa liberalisation roadmap if Turkey stems the influx of refugees and migrants to Europe.

Legislative proposals were presented by the Commission to amend the Regulation on Visa requirements to include Georgia, Kosovo, Turkey and Ukraine in the list of countries whose nationals are visa-exempt for short stays in the Schengen Area in the first half of 2016.

The EU intends to introduce visa-free travel with the following countries in 2017:

Other countries with which the EU is negotiating a visa-waiver:

On 10 July 2015, the Foreign minister of Indonesia, Retno Marsudi and the European Commission Vice President, Frans Timmermans, discussed possibilities for Indonesian passport holders to get visa-free access to the Schengen Area. They noted that the visa rejection rate for Indonesian citizens is low at 1.1% in 2014 and immigration violations by Indonesian citizens are very low. Belgium, Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Portugal, Romania and Switzerland are some Schengen members who gave their support to Indonesia for visa-free access to the Schengen Area.

During the sidelines of the EU-ASEAN ministerial meeting in Luxembourg on 5 November 2015, the European Commission reportedly included Indonesia in a list of countries proposed for review by the European Council. Indonesia's proposal will be submitted to the council in early 2016. The European Council then ask three main entities (Frontex, Europol and the EASO) to study and review Indonesia's eligibility. If the study results are positive, then the Council and the European Commission will propose new regulations for Indonesia's Schengen visa waiver.

On 25 February 2016, Indonesian Foreign Ministry spokesman, Arrmanatha Nassir, claimed that Indonesia has already received a green light from the EU Commission and almost two-third of Schengen countries to get the visa-waiver status. However, the implementation will not happen in the near future, because the visa-waiver procedure in the EU is quite complex and there are new migration issues in the region. Meanwhile, Patrick Herman, ambassador of Belgium to Indonesia, is confident that the visa waiver agreement will be reached as soon as possible as all stakeholders are working to finalize the necessary agreements.

On 15 December 2011, in a statement given after an EU-Russia summit, the President of the European Commission confirmed the launch of "Common Steps towards visa-free travel" with Russia.In 2013, Russia and the European Union have agreed on the issue of biometric service passports. The EU suspended talks in March 2014, as a result of the situation in Ukraine.

Reciprocity

As per Regulation No 539/2001 (amended by Regulation No 1289/2013) reciprocity is required from all Annex II countries and territories. That means that these countries must offer visa-free access for 90 days to all EU citizens (except citizens of Ireland and the United Kingdom) and to the citizens of Iceland, Liechtenstein, Norway and Switzerland. When this is not the case, the affected EU or Schengen member state is expected to notify the European Commission. Starting six months after the notification, the Commission may adopt an implementing act to suspend the visa-free regime for certain categories of nationals of the third country concerned, for a period of up to six months, with a possible prolongation by further periods of up to six months. If the Commission decides not to adopt such an act, it has to present a report explaining the reasons why it did not propose the measure. If after two years from the notification the third country is still requiring visas from citizens of one or more Member States, the Commission shall adopt a delegated act to re-impose the visa obligation on all citizens of the third country, for a period of 12 months. Either the European Parliament or the Council could oppose the entry into force of the delegated acts. All of the states that implement the common visa rules – including Iceland, Liechtenstein, Norway, Switzerland, Bulgaria, Croatia, Cyprus and Romania – may notify the European Commission about non-compliant third states.

When the European Commission carried out its first visa reciprocity assessment on 1 May 2004 following the accession of 10 new Member States, only the following Annex II countries and territories were found to offer fully reciprocal visa-free treatment to all EU citizens: Andorra, Argentina, Chile, Holy See, Hong Kong SAR, Israel, Japan, Monaco and South Korea. On 24 June 2005, additional countries were found to offer full reciprocity: Guatemala, El Salvador, Honduras, Macao SAR, Mexico, New Zealand, Paraguay and San Marino. However, after the accession of Romania and Bulgaria in 2007, some of these countries were found to no longer offer full reciprocity: Israel, Japan, Mexico, New Zealand and Paraguay.

Since the adoption of this policy, full reciprocity has been achieved with the following countries (listed in order of achieving reciprocity): Nicaragua, Venezuela, Uruguay, Costa Rica, Mexico, New Zealand, Israel, Malaysia, Paraguay, Panama, Singapore, Brazil and Brunei. Full reciprocity is also ensured with countries added to Annex II since 2006, such as Taiwan.

According to a report from April 2015, the Commission dismissed notifications by both Bulgaria and Romania of a general visa requirement by Australia. It concluded that the Australian electronic visa 'manual processing' treatment should not be considered as equivalent to the Schengen visa application procedures and consequently will not be covered by the reciprocity mechanism. In its previous report, the Commission also committed to assessing certain provisions of the US electronic visa system — such as the application fee.

The current status as of November 2016, based on the Commissions communications from April and July 2016:

Special requirements

The following countries require electronic registrations for all citizens of the European Union who don't need a visa:

Stays exceeding 90 days

For stays in the Schengen Area as a whole which exceed 90 days, as a general rule, a third country national (i.e. a non-EU, EEA or Swiss national) will need to hold either a long-stay visa for a period of no longer than a year or a residence permit for longer periods. Similarly, a third-country national who wishes to stay for more than 90 days in Bulgaria, Croatia, Cyprus or Romania will be required to hold a long-stay visa or a residence permit.

Although long-stay visas issued by Schengen countries, Bulgaria, Croatia, Cyprus and Romania have the same uniform design, as a national visa, in general, the procedures and conditions for issue are determined by each individual country. Therefore, for example, whilst some Schengen countries (such as France) require applications for long-stay visas to be made in the applicant's home country, other Schengen countries permit applicants to lodge their applications after arrival. Some countries, such as Germany, Hungary, the Netherlands and Switzerland offer a hybrid regime, whereby third-country nationals are required to apply for long-stay visas in their home country, with the exception of a few nationalities who are permitted to apply for a residence permit directly upon arrival without having first to obtain a long-stay visa. For example, Germany, Hungary, the Netherlands and Switzerland allow New Zealand citizens to apply for a residence permit upon arrival without having to apply for a long-stay visa in advance, but not South African citizens.

However, in some situations, the procedures and conditions for the issue of long-stay visas have been harmonised among all Schengen member states, Bulgaria, Croatia, Cyprus and Romania. For example, Council Directive 2004/114 has harmonised the conditions of admission of third country nationals wishing to study in a Schengen member state, Bulgaria, Croatia, Cyprus or Romania. Consequently, following the deadline for the implementation of the Directive (i.e. 12 January 2007), all Schengen member states (as well as Bulgaria, Croatia, Cyprus or Romania) are obliged to apply the same criteria in dealing with applications from third country nationals who wish to be admitted to their territory in order to study (namely that the applicant must have a valid travel document covering the duration of the stay, parental authorisation (if a minor), sickness insurance, not be regarded as a threat to public policy, security or health, and payment of the relevant fee).

Long-stay visas issued by a Schengen country entitle the holder to enter the Schengen Area and remain in the territory of the issuing state for a period longer than 90 days, but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa remain there for longer than a year, the state must issue him or her with a residence permit.

The holder of a long-stay visa or a residence permit issued by a Schengen country is entitled to move freely within the other states which comprise the Schengen Area for a period of up to 90 days in any 180 days. Third-country nationals who are long-term residents in a Schengen state may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.

However, some third-country nationals are permitted to stay in the Schengen Area for more than 90 days without the need to apply for a long-stay visa. For example, France does not require citizens of Andorra, the Holy See, Monaco and San Marino to apply for a long-stay visa. In addition, Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens are permitted to stay for up to 90 days in each of the Schengen countries (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, The Netherlands, Norway, Portugal, Spain, Sweden and Switzerland) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas, but if travelling to other Schengen countries the 90 days in any 180 day period time limit applies.

Means of subsistence

In addition to general requirements, EU member states also set entry conditions for foreign nationals of countries outside the EEA and Switzerland called the "reference amounts required for the crossing of the external border fixed by national authorities" regarding means of subsistence during their stay.

Authorities of Austria, Cyprus and Luxembourg decide on a case by case basis.

Netherlands exempts visitors from Australia, Canada, Japan, New Zealand, South Korea, United States and Vatican City from holding proof of sufficient funds and return tickets. Romania requires visitors from the Republic of Macedonia, Moldova, Montenegro, Russia, Serbia and Ukraine to hold a medical insurance covering the period of stay. Romania also exempts visitors from Australia, Canada, South Korea and the United States from holding proof of sufficient funds and return tickets.

Visa policy of candidate states

Countries applying to join the European Union are obliged to adopt the EU's visa policy no later than three months before they formally join the Union. Schengen countries give visa-free access to nationals of all European Union candidate and applicant states except Turkey. Macedonia grants 90-day visa-free entry to all Schengen Annex II nationalities, with some additions, while Montenegro and Serbia still require visas from some Annex II nationalities while having visa-free agreements with some additional countries. In addition to requiring visas from some Annex II countries, Turkey still requires visas from some Schengen states, Albania allows citizens of all countries who do not require a Schengen visa to enter Albania due to their visa liberalization with Schengen area.

Visa-free stays involving paid activity in the Schengen Area

Below is a table of Schengen countries which permit nationals of Annex II countries and territories to enter the country on a 90-day visa-free period of stay with the intention of working in the country during that period. Nonetheless, some Schengen countries which permit certain Annex II nationals to work during their visa-free stay may still require them to obtain a work permit (either in advance or on arrival).

The table below includes Bulgaria, Croatia and Romania (which apply the Schengen Area's visa list), but excludes states which do not allow any Annex II nationals to work during their visa-free stay, namely: Austria, Cyprus, Czech Republic, Estonia, Finland, Italy, Latvia, Liechtenstein, Portugal and Spain.

Validity for other countries

Schengen visas that are valid for further travel are accepted as substitute visas for national visas in the following countries: