EUROPEAN UNION (EU) - Schengen Visa Regulations Changed April 5, 2010
- European Union
- 04/15/2010
In June 1985, several European Union (EU) countries established a common visa policy (the Schengen Agreement or Schengen) to facilitate borderless travel within a common area (i.e., the Schengen Area)*. Pursuant to the European Parliament’s Regulation No. 810/2009, important new changes to the Schengen visa codes, protocols and requirements and to the ability to travel within the Schengen Area will come into effect on April 5, 2010.
Below is a summary of the visa classifications impacted by the new regulation:
Type A – Airport Transit Visa (ATV): The ATV is required for all nationals listed in Annex IV of the new regulation** and for all other nationals who are not eligible to use the Transit Without Visa (TWOV) option. The ATV visa is exclusively for travelers in direct transit through a Schengen country when arriving from and departing to a non-Schengen country. Foreign nationals who would normally require an ATV may be exempt if they hold certain valid residence permits or travel visas issued by Andorra, Canada, other Schengen member states, Japan, San Marino or the United States.
Since the Transit visa and TWOV regulations can be complex and change with little to no advance notice, travelers should confirm the applicable regulations well in advance of overseas travel. Also, ATV applications may be denied to persons who do not hold valid status in the country of departure.
Type B – Transit Visa: The transit visas have been abolished. Currently valid B visas should continue to be honored until their expirations for travel when transiting through more than one Schengen country.
Type C – Visitor Visa: There is a uniform visa for business/tourism purposes valid for travel within the entire Schengen Area for persons who require visas to enter the Schengen Area (i.e., Schengen visa national). Visas can be valid for single or multiple entry for a maximum duration of up to 90 cumulative days within a given 180-day period. Extensions of visitor stay are generally not granted except for serious personal reasons (e.g., a true medical emergency). All visitor applicants must evidence specific medical insurance coverage of at least €30,000 available for the entire duration of stay and valid for coverage in all Schengen countries.
Type D+C – National Visa + Uniform Visitor Visa: This has been abolished as of April 5. It is unclear at this time whether work permit applicants who are Schengen visa nationals will be allowed to depart and re-enter the Schengen Area while waiting for their final residence permits from their host Schengen countries of assignment. Existing D+C visas that are valid should continue to be honored for travel until their expirations. However, prior to departing to other Schengen countries, these visa holders should check with their air carriers to confirm the current boarding regulations for traveling with this type of visa.
Type D – National Visa (Work Visa): Generally considered as a work visa within the Schengen Area, the D visa is a national visa issued by the host Schengen country of assignment. Once a work permit application is issued, if required by that country’s national immigration law, an assignee will apply for a D visa to enter the country of assignment, complete all work/residence permit registration formalities and await issuance of his or her residence permit.
Type D Travel Concern: Prior to the April 5 regulation, most D visas were issued for entry within 90 days of issuance for a single-entry stay to permit assignees a single transit through the Schengen Area to their country of assignment. Since April 5, it is anticipated that the new D visa will allow an assignee to travel freely within the Schengen Area for a period of up to 90 days from date of issuance. However, it is unclear whether this visa will be granted for multiple entries to permit the assignee to travel outside the Schengen Area while awaiting issuance of his or her residence permit.
Application Forms: Visa Application forms and application requirements at most Schengen country consular posts came into effect on April 5. For at least the next few weeks, work visa applicants must confirm whether the issuing consular post has a new work visa (Schengen Type D visa) application form or continues to use the universal application form for business/tourist visa (Schengen Type C visa) applicants. The best example of changing visa application requirements may be found at the following web link: http://www.cgny.org/article.asp?articleref=AR00000446EN
Personal Appearance/Biometrics Requirement: Over time, each Schengen country may implement a requirement that all visitor and work visa applicants must appear in person to submit biometrics (i.e., a 10-print fingerprint scan and digital photographs) at the time of filing their visa applications. Exceptions to the biometric requirement will be for children under the age of 12, persons who may have a physical inability to submit fingerprints, or certain diplomatic or head of state applicants.
Consular Processing Times: The new regulations require that all Schengen consular posts must streamline their application protocols and must process straightforward visa applications within 15 calendar days from the date of filing. The processing time may be up to 30 calendar days for visa applications that require additional scrutiny. In exceptional cases, the processing time may be up to 60 calendar days from the date of filing.
BAL Comment
Since this new regulation represents substantial changes to protocols and requirements, the changes may not be uniformly implemented at all Schengen country consular posts over the next few weeks. Therefore, prior to submitting a Schengen visitor or work visa application, travelers should check current consular requirements and be prepared for possible last minute changes.
Persons receiving Schengen visas over the next few weeks should check with the issuing consular post to confirm the specific travel allowances for their particular visas. BAL will continue to monitor all new changes to Schengen visa requirements.
- The Schengen Area member states are: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and Switzerland.
- Afghanistan, Bangladesh, the Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia and Sri Lanka.
