Schengen and Residency Issues
New rules for travelers with long-stay visas
Following discussion on rules for traveling within the Schengen area for holders of national long-stay visas (visas for stays exceeding 90 days), the European Commission has presented a new interpretation of Schengen rules which brings a number of changes for third-country nationals staying in the Czech Republic with long-term visas (these rules also apply to long-stay visas issued by other Schengen states).
Key points of this new interpretation are as follows:
Long stays spent in one Schengen state on the basis of its national long-stay visa (visa type D or D+C) do not count when calculating number of days spent in the Schengen territory. The main reason behind this interpretation is the fact that Community rules only cover short stays. In this context, previous or parallel long stays are irrelevant.
To this end, foreign nationals staying in the territory of one Schengen state on the basis of a long-stay visa who are:
not subject to the visa requirement, may for up to 3 months in any half year move freely within other Schengen states irrespective of the number of days spent in the territory of the Schengen state which issued the long-stay visa;
subject to the visa requirement, may according to this interpretation submit an application for a short-stay uniform Schengen visa (category C) to a diplomatic mission of a Schengen state which they intend to visit, located inside the Schengen territory; holders of a D+C visa may do so only in the second half year as they have the right to travel within Schengen automatically for the first 3 months of the validity of their D+C visa.
The new interpretation also states that holders of national long-stay visas may travel to the territories of other Schengen states not only during their long stay in one Schengen state, but also 3 months after the expiration of their long-stay visa or residence permit.
One problem in an “area without borders” remains proof of the time spent outside the territory of the state which issued the D/D+C visa. Every foreign national should seek information about reporting requirements in the state he/she intends to visit. Rules concerning this duty may differ from state to state. The Czech Republic obliges third-country nationals to report their presence in the Czech territory to the inspectorate of the Alien Police in charge of the territory of their intended stay within 3 working days from the day of entering the Czech Republic.
The new interpretation does not change traveling rules for holders of residence permits (issued by the Czech Republic or another Schengen state) during the residence permit’s validity.
Holders of long-term or permanent residence permits may spend up to 3 months in the territory of other Schengen states than the one which issued their residence permit. They do not need any visa; all they need is to be in possession of a valid travel document and a residence permit.
Holders of residence permits who are not subject to the visa requirement may now travel visa-free within Schengen up to 3 months after the expiration of the validity of their residence permit.
Attention! In the case of the Czech Republic, a difference exists between a long-stay visa (visa for stay over 90 days) and a long-term residence permit. Travel rules for the two categories differ significantly.
What do these changes mean in practice?
Diplomatic missions of Schengen states located in the Schengen territory should accept applications and issue uniform Schengen visas to persons who hold long-stay visas issued by other Schengen states and who, at the same time, are subject to the short-stay visa requirement.
This concerns uniform Schengen visa Category C, which permits stays in the Schengen area for up to 3 months within any half year following the day of first entry into the Schengen territory.
A foreign national subject to the visa requirement who lives in the Czech Republic on the basis of a long-stay visa (the so-called visa for a stay over 90 days – “vízum k pobytu nad 90 dnů”) and intends to visit other Schengen states, no longer needs to leave the Czech Republic for the purpose of submitting the visa application. He/she may submit the application at the diplomatic mission of the Schengen state which he/she intends to visit, in Prague. Equally, a holder of a long-stay visa issued by another Schengen state may apply for a uniform Schengen visa at the diplomatic mission of the Czech Republic in the state where he/she lives.
Example: A foreign national living in the Czech Republic on the basis of a visa for a stay over 90 days (category D visa) who wishes to spend a one-week holiday in Italy, may apply for short-stay uniform Schengen visa at the Italian Embassy in Prague.
When submitting an application for a uniform Schengen visa, rules for determining the state responsible for deciding on an application have to be obeyed. The visa may be applied at the diplomatic mission of a Schengen state which represents the sole or main destination of the visit.
To travel to other Schengen states, a Schengen visa is needed also by holders of D+C long-stay visas for which validity has exceeded the first 3 months. The Schengen visa may be issued to them for the second half year of their stay in the Czech Republic.
Nationals of these countries (e.g., USA, Canada or Japan) have the right to stay in the Schengen territory for tourist purposes without any visas for up to 3 months within any half-year following the first day of entry into the Schengen territory (the so-called Schengen clause). The number of days spent in the territory of the Czech Republic or another Schengen state on the basis of a long-stay visa does not count into this “Schengen clause”. In practice, these nationals may spent up to 3 months in any half year in the territory of other Schengen states during or after their stay in the Czech Republic on the basis of a long-stay visa – within single or more stays which are calculated together.
Example: An American national became a holder of the Czech visa for a stay over 90 days on 1 June 2008; the visa was issued with validity of 1 year. The previous 3 months, he spent in the Czech Republic without any visa and has thus “consumed” his three-month-visa-free Schengen stay. Now, he may stay in the Czech Republic or leave its territory via a direct flight into a non-Schengen country. He may visit another Schengen state on 1 September 2008 at the earliest, as on this date a new half year starts to be calculated within which he may spent up to 3 months in other Schengen states.
The new interpretation does not change anything regarding rules for traveling of foreign nationals not subject to visa requirement in the case of short stays not exceeding 3 months. These nationals still do not need any visas if they wish to spend a maximum of 3 months in the Schengen territory for tourist purposes within the half year following the first day of entry into the Schengen territory. If they wish to extend their stay in the Schengen area or if they wish to work, they must become holders of a long-stay visa or a residence permit. Otherwise they are obliged to leave the Schengen territory after spending 3 months in Schengen.
Third-country nationals staying in the Czech Republic on the basis of a D visa still need a visa when travelling to other Schengen states – the so-called uniform Schengen visa Category C. Long-stay D visas authorize their holders only one transit through the territories of other Schengen states in direction to the state which issued such a D visa; an additional visa is not needed only in cases of direct flights to destinations outside Schengen not requiring a visa. Unlike the previous practice, this Schengen visa may be applied for at the diplomatic mission of Schengen states inside the Schengen area, including the Czech Republic – no travelling outside Schengen is needed in order to submit and pick up the visa. This visa can be issued to the holders of D+C visa with validity falling at the earliest into second half-year. For more details, see above.
Example: An Ukrainian national works in the Czech Republic and has a long-stay visa. Until now, traveling to other Schengen states was possible only thanks to the uniform Schengen visa, which had to be applied for in a third country. Therefore, the national had to take a direct flight to Ukraine, submit the visa application, return back to the Czech Republic, and after processing the visa application return back to Ukraine to get the visa. Now, he may stay in the Czech Republic since he may apply for a short-stay visa for his holiday in Italy at the Italian Embassy in Prague.
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