Source Documents/Non-EU citizens

Citizens of third countries may enter and travel within the European Union provided they fulfil the entry conditions, among others to be in possession of a valid travel document or a visa if required for a period of up to three months.

Special rules apply to non-EU national family members of EU citizens, with differing travel rights according to whether they are travelling with the EU citizen or travelling alone. In addition, a valid residence permit issued by an EU Member State applying the Schengen provisions can permit a non-EU national to travel to other Member States in the Schengen area without a visa.

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).

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):

• holders of diplomatic passports, official duty passports and other official passports;
• civilian air and sea crew;
• flight crew and attendants on emergency or rescue flights and other helpers involved in disaster or emergency relief;
• the civilian crew of ships navigating in international waters;
• the holders of laissez-passer issued by some intergovernmental organisations to their officials.

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.

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.

Source: European Commission.