Schengen Visa Code

[Ling Baus]

When someone enters a country in the Schengen area, the 180-day period starts. They can enter Schengen area countries as many times as they want, but only stay for a total of 90 days, every 180 days.

The decision of whether to grant visa-free status to a non-EU country is based on a variety of criteria (migration, security, considerations of human rights, reciprocity, and economic benefit - in particular in terms of tourism and foreign trade).

The visa code also helps improve cooperation with non-EU countries on readmissions of irregular migrants, through the 'visa leverage mechanism'. Under this mechanism, if a country does not cooperate sufficiently on readmissions, restrictive measures can be imposed as regards processing visas and visa fees.

The EU has visa facilitation agreements in place with certain non-EU countries. Under the simplified visa regime, non-EU citizens enjoy facilitated procedures (such as lower visa fees) to obtain a visa for the Schengen area.

Visa facilitation agreements are linked to readmission agreements. Readmission agreements establish procedures for returning irregular migrants to the EU or non-EU country they came from (EU, non-EU nationals or stateless persons).

EU countries may also individually negotiate agreements on local bordertraffic with neighbouring non-EU countries. These agreements enable border residents of specific areas to cross the EU's external borders, under certain conditions, without having to obtain a visa.

The visa suspension mechanism (Regulation No 1806/2018, article 7) enables Schengen countries to call for a temporary suspension of a visa exemption in the event of a sudden and substantial surge in irregular migration.

The EU aims at achieving full visa reciprocity with non-EU countries whose nationals are exempt from the visa requirement. For that purpose, a visa reciprocity mechanism is set out in Regulation No 1806/2018 (article 7).

The Schengen visa is undoubtfully one of the most famous visas in the world, and one of the best to have as well. Granting to its holder the possibility of traveling to 26 European countries, 22 of them part of the European Union, the number of Schengen visa applicants has been steadily increasing every year.

The Schengen Visa has often been dubbed as hard to obtain. However, now the EU is changing some of the rules to the Schengen Visa Code that regulates visa issuance and benefits, in a bid to facilitate the application procedures for travelers and consulate staff.

The Code is also known as the Regulation (EC) No 810/2009. It came into force in 2010, and since then, it has been applied by all European Union Member Countries and associate states implementing the Schengen Acquis.

The common visa policy has been an integral part of the establishment of the borderless Schengen area, and has contributed to the enforcement of other Union policies, such as those concerning external relations, trade, education, culture and tourism.

In May 2018, the European Commission adopted a proposal on the revision of the Regulation (EC) No 810/2009, under the purpose of strengthening the common visa policy while taking into account migration and security concerns.

Overall, the Commissioners behind the proposal said they intended to facilitate visa procedures for frequent travelers to the Schengen Area, and by rewarding countries that collaborated in readmission of illegal migrants and other similar fields, with easier visa procedures.

After the Commission adopted its proposal, the European Parliament backed it up in April this year, and then the Council of the European Union gave it the green light later in June, which was the last step towards its implementation.

A German Federal Foreign Office spokesperson also confirmed that the German mission will apply the reformed Schengen Visa Code from February 2, 2020, as well as officials from the Visa Unit of the Ministry of Foreign Affairs of Finland, the Press Office Foreign Affairs of Belgium, and the Foreign Ministry of Denmark.

The new code also introduces a mechanism that asserts, whether the visa fees should change or remain the same, for every three years. Another mechanism that will use visa processing as leverage will also be introduced, in a bid to improve cooperation with third countries on readmission.

The new code also introduces a mechanism that asserts whether the visa fees should change or remain the same, for every three years. Some of the countries cooperating with the EU in terms of readmission of illegal migrants may also benefit from reduced visa fees.

Travel Insurance remains mandatory for Schengen Visa applicants, despite attempts to make it optional. In fact, the new code highlights the importance of having Schengen travel insurance when applying for a visa.

As for travelers applying for a multiple-entry visa, they will have to prove they are in possession in possession of adequate and valid travel medical insurance covering the period of their first intended visit.

The new code obliges all Schengen Member states to be present in every third country, through their embassy/consulate, another Member States, or by outsourcing Schengen visa admission to an external service provider.

Travelers frequently visiting the Schengen Area, who also have a positive visa history, meaning they have lawfully used their previous visas, they have a good economic situation in the country of origin and a genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied, will be granted with the benefit of getting a multiple-entry visa valid for up to five years.

This benefit will not be limited to specific travel purposes or categories of applicants. However, Member States are instructed to have particular regard for persons travelling for the purpose of exercising their profession, such as business people, seafarers, artists and athletes.

In cases when the Commission considers that a third country is not cooperating sufficiently the nationals of that country may face longer visa processing periods and higher visa fees. Countries collaborating in this regard will be granted with shorter visa processing periods, lower visa fees, and visas with lengthier validity.

The Visa Code is the legal framework that the Schengen states are obliged to follow when deciding regarding Schengen visas. There are several changes in the new code, e.g. new fee (80 EUR and 40 EUR from 6 to 12-year-old) and new application form is introduced. The new code also states that an application should be submitted no later than 15 calendar days before the start of the intended visit.

Suecia tiene relaciones diplomticas con prcticamente todos los estados del mundo. En aproximadamente la mitad de estos, Suecia tiene embajadas y consulados. La representacin extranjera de Suecia consiste en aproximadamente 100 embajadas y 350 consulados honorarios.

Of the 27 EU member states, 25 are part of the Schengen Area. Bulgaria and Romania, the newest members having joined the Schengen Area on 31 March 2024, only have air and maritime borders open, with land border controls remaining in place pending agreement to lift them. The only EU member states that are not part of the Schengen Area are Cyprus and Ireland. Cyprus is legally obliged to join in the future, while Ireland maintains an opt-out and operates its own visa policy.

Visas became commonplace during the interwar period, as did border controls. After the Second World War, however, customs unions arose between various European countries. The Nordic countries allowed free movement and residence between them in 1954, and the countries of Benelux abolished their mutual borders in 1960. This reflected a greater trend towards European integration; the European Communities (EC), the predecessor of the EU, was established in the 1950s for economic cooperation.

The Schengen Agreement was signed on 14 June 1985 by five of the ten EC member states[9] in the town of Schengen, Luxembourg. The Schengen Area was established separately from the European Communities, when consensus could not be reached among all EC member states on the abolition of border controls.

The Agreement was supplemented in 1990 by the Schengen Convention, which proposed the abolition of internal border controls and a common visa policy.[10] The Agreements and the rules adopted under them were entirely separate from the EC structures, and led to the creation of the Schengen Area on 26 March 1995.[11]

As more EU member states signed the Schengen Agreement, consensus was reached on absorbing it into the procedures of the EU. The Agreement and its related conventions were incorporated into the mainstream of European Union law by the Amsterdam Treaty in 1997, which came into effect in 1999. A consequence of the Agreement being part of European law is that any amendment or regulation is made within its processes, in which the non-EU members are not participants.

The UK, the Crown Dependencies, and the Republic of Ireland have operated a Common Travel Area (CTA) since 1923 (with passport-free travel and freedom of movement with each other), but the UK would not abolish border controls with any other countries and therefore opted out of the Agreement. While not signing the Schengen Treaty, the Republic of Ireland has always looked more favourably on joining, but has not done so in order to maintain the CTA and its open border with Northern Ireland.[12]

The common visa policy allows nationals of certain countries to enter the Schengen Area via air, land or sea without a visa for stays of up to 90 days within a 180-day period. Nationals of certain other countries are required to have a visa either upon arrival or in transit.

While Bulgaria and Romania, which joined the EU on 1 January 2007, were legally bound to join the Schengen Area, implementation had been delayed. On 15 October 2010, Bulgaria and Romania joined SIS II for law enforcement cooperation.[13] On 9 June 2011, the Council of Ministers concluded that the evaluation process had been completed successfully and that the two countries fulfilled all technical accession criteria.[14] Bulgaria's and Romania's bids to join the Schengen Area were approved by the European Parliament in June 2011[15] but rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime.[16][17] Although the original plan was for the Schengen Area to open its air and sea borders with Bulgaria and Romania by March 2012, and its land borders by July 2012,[17] continued opposition from Germany, Finland and the Netherlands has delayed the two countries' entry to the Schengen Area.[18][19] On 4 October 2017, the European Parliament voted for access of Bulgaria and Romania to the Schengen Information System,[20] on which they gained full access on 1 August 2018.[21] Moreover, "the final political decision whether the two countries can become part of the Schengen Area and stop systematic border checks with neighbouring EU countries must be taken unanimously by all sides of the European Council."[20] On 11 December 2018, the European Parliament voted for the resolution in favour of accepting both countries, requiring the Council of the European Union to "act swiftly" on the matter.[22][23]On 3 March 2022, Romanian MEP Eugen Tomac officially requested an answer through a parliamentary question regarding "what obstacles remain in the path of Romanian accession to the Schengen area 15 years after joining the EU" as fulfilment of the accession criteria was recognised on 9 June 2011.[24]

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