A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller to enter the Schengen Area. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, or a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").
The requirements for entry are as follows:
The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;
The traveller either possesses a valid visa (if required) or a valid residence permit;
The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
The Schengen Information System does not contain an alert for refusal of entry concerning the traveller, and
The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.
However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:
On humanitarian grounds
On grounds of national interests
On grounds of international obligations
If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border
If the person holds a residence permit or a re-entry visa issued by a Schengen state
Border guards are required to stamp the travel documents of third-country nationals when they cross external borders at all times, even in extraordinary and unforeseen circumstances, including when checks are relaxed. However, nationals of Andorra, Monaco and San Marino are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and those enjoying the benefit of a local border traffic regime. Certain exemptions also apply to the crews of ships and aircraft. Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.
For stays in the Schengen Area as a whole which exceed three months, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than three months 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 is entitled to move freely within other states which comprise the Schengen Area for a period of up to three months in any half year. 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 three months without the need to apply for a long-stay visa. 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 a 180 day period time limit applies.
The requirements for entry are as follows:
The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;
The traveller either possesses a valid visa (if required) or a valid residence permit;
The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
The Schengen Information System does not contain an alert for refusal of entry concerning the traveller, and
The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.
However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:
On humanitarian grounds
On grounds of national interests
On grounds of international obligations
If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border
If the person holds a residence permit or a re-entry visa issued by a Schengen state
Border guards are required to stamp the travel documents of third-country nationals when they cross external borders at all times, even in extraordinary and unforeseen circumstances, including when checks are relaxed. However, nationals of Andorra, Monaco and San Marino are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and those enjoying the benefit of a local border traffic regime. Certain exemptions also apply to the crews of ships and aircraft. Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.
For stays in the Schengen Area as a whole which exceed three months, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than three months 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 is entitled to move freely within other states which comprise the Schengen Area for a period of up to three months in any half year. 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 three months without the need to apply for a long-stay visa. 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 a 180 day period time limit applies.
