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Freedom of visa is an unfaminant concept and denotes the exemption from visa light or the visa compulsion.

  • In the broader sense, visa freedom includes the right of people to enter a foreign state without entering a visa acquired before the trip. This right represents a considerable relief for the people concerned, since they do not have to go through (often lengthy) visa process before the intended trip.
  • Visa freedom in the narrower sense is the right to enter a state without any formal entry permit. In this case, even during the entry control, no free or subject -free permits are entered in the passport, stamped or glued or given certificates. Among other things, the Schengen states apply this procedure.
  • Visa freedom is often used synonymously with the liberation of the requirement of a residence permit. These exemptions are essentially identical in the Schengen states. Other states allow certain people to enter the visa free of charge, but then require an immigration authorities registration or obtaining a residence permit after entry.

Whether citizens of other countries are subjected to the visa light or not is determined solely according to the right of the entry state. The decision as to which conditions is admitted or may be included in a state is subject to the complete decision -making power of the individual states and is a core area of ​​the sovereignty. The reasons that lead to the abolition of the visual compulsion are usually multi -layered and are determined, among other things, by

  • Relationships at the state level (politically, economically and militarily allied, neutral, in competition or even hostile/in the state of war)
  • Economic considerations (if important investors could be attracted from visa freedom, tourism is an important source of income, if there are wealthy potential tourists in the corresponding country, high visa fees are a source of income)
  • Immigration policy considerations (how high is the proportion of visa -free travelers who will try to go into being after the entry or to provide a protection for protection (asylum), there is an unrestricted return of the country of origin for its citizens, how high is the falsification of the travel documents, how high is this Corruption level)
  • Security policy considerations (the granting of visa freedom will increase the entry of the entry of criminals/terrorists from the corresponding state).

As a rule, visa exemptions are agreed in the inter -state of a contract with international law (so -called visual alignment agreement) and are based on the principle of mutual principle. The termination of such an agreement by one side automatically leads to the introduction of the visa light for its national in the other state.

Sometimes such agreements only exist in favor of certain citizens of the states concerned (e.g. owners of diplomatic or service passes).

There are also multi -sided contracts for mutual exemption from the visa compulsion, as the European Convention on passenger transport, which has now become largely objective [first] of the Europe. These contracts are also essentially based on reciprocity. (On July 1, 2006, Ukraine ratified this Convention and granted the nationals of the contracting parties to visa freedom; however, this is associated with the reservation that this preference is no longer necessary, provided that these states in turn make a reservation against the visa freedom of the Ukrainians.)

A good example of the mutual principle is the regulations of the European Union on visa light and visa freedom in Regulation (EC) No. 539/2001 (EU-visum regulation). After joining the Central and Eastern European countries on May 1, 2004, the mutuality of visa freedom for foreigners in the EU was no longer available on the one hand and for Union citizens in third countries. In order to improve the European Commission’s negotiating position, the VO (EC) 851/2005 was introduced and a mutual mechanism that allows the EU, to maintain it, or the introduction of the visa light by third countries for the relatives of all or individual countries of the EU to react adequately. As a result, a number of third countries also released the members of the new Member States, other countries (such as USA, Canada, Australia) kept the visa light (temporarily), but grant extensive relief in the visa process.

However, the visa freedom can also be granted unilaterally by a state for the citizens of another state. There is no general principle of international law, according to which or not with regard to the visa light or not. Another regulation could lead to a possibly even problematic state of security to its citizens of universal visa freedom by making all foreigners visa -free.

As a rule, visa freedom is granted to the citizens of certain states who can demonstrate their citizenship through possession of a national pass, sometimes also to the owners of official passports. However, visa freedom is not only granted foreign nationals, but also other groups of people.

So exists due to the European Convention to abolish the exposure to refugees [first] For the owners of a travel ID for refugees issued by a contracting party, visa freedom in the other contracting states. In Germany, the owners of a travel ID for stateless people are also exempt from the visa if the stateless card was issued by a state whose national visa freedom enjoy in Germany. Article 46 of the Viennese Convention [2] A liberation of the visa compulsion for consular officers and their family members bindingly prescribes on consular relationships. Due to the continued Art. 4 of the Reich Concordat [3] According to § 20 Residence Ordinance, the owners of Vatican passes in Germany are visa -free. There are further exemptions for the on -board staff in sea shipping, inland shipping and air traffic.

The EU’s short -distance residence regulations also include a number of regulations on visa freedom that apply regardless of the nationality of the privileged persons. According to the Ordinance (EU) 2018/1806 (EU visa regulation), the owners of travel cards for refugees or for stateless or foreign passes that confirm the statelessness of the pass owner are freed from the visa light in the Schengen area, provided these passes an EU state (except GB and IRL) were issued. There are also exemptions for (actually visiting visits to vision due to their nationality) who attend a Schengen state on a school trip, exemptions for members of the NATO group etc.

The right to visa -free short -term stays was made by Directive 2004/38/EC [4] Also expanded to visible family members (third-country nationals) of EEA citizens who perceive their right to freedom of movement. [5] [6] [7] If there is a residence card according to Article 10 of the Directive and on the condition that the trip is either carried out together with the EEA or followed, family members can stay in any other EEA member state for up to 90 days without additional visa. However, some Member States does not implement this provision of the directive or not correctly (as of November 2009), [8] [9] So that there can still be difficulties when traveling between Schengen and non-Schengen EU countries (refusal to use the means of transport by the transport company, refusal to enter the border protection authorities). With Switzerland there is a separate freedom of freedom.

Visa freedom regularly does not provide an individual legal right to entry, but only the basic way to enter without visa. This right is only granted regularly under certain conditions, mostly for incorporated purposes and for a certain length of stay.

These prerequisites, permissible purposes and the maximum length of stay differ from state to state and are sometimes also regulated differently in the individual states for different target groups. Typically, the permission of the visa-free entry requires the possession of a certain (often several months) border crossing paper and the Bona-Fide property, i.e. the will to be credible during the entry control, not to violate the legal system of the target state. The maximum permissible duration of a visa -free stay ranges from a few weeks to six months.

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The regulatory competence for visa light and exemptions for short stays has the EU now, according to Art. 62 Para. 2 B (I) and Paragraph 3 of the Treaty for the establishment of the European Community, with its regulations mostly allow a number of flanking national exceptional regulations. However, the regulations on visa -free entry and stay in the Schengen area can be found in various legal files of the European Union. However, even the basic regulations do not apply in all EU member states, but also in other countries.

scope [ Edit | Edit the source text ]

The regulations outlined below find complete application in the following states:

  • Category I: Belgium, Denmark, Germany, Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Austria, Poland, Portugal, Switzerland, Switzerland, Slovakia, Slovenia, Spain, Czech, Czech Republic, Hungary

In the new EU member states, only part of the regulations (or some regulations only in parts, more information on this in the individual regulations):

  • Categories II:
    • Cyprus (at the earliest 2010)
    • Bulgaria, Romania (appointment for full application not yet foreseeable)

The regulations do not apply in these member states:

  • Categories III:
    • Liechtenstein (exposed to the application until the end of 2009)
  • Kategorie IV:
    • Ireland, united kingdom (no application)

Individual regulations [ Edit | Edit the source text ]

In principle, third -country nationals (no citizen to category I to IV) require Art. 5 Para. 1 b of the Schengen border code [ten] For entry and staying of a visa, unless they are freed from this visa light. (This regulation applies in the states of categories I and II)

The exemption from the visa light results for the exceeding of the external borders from Article 1 (2) of the Regulation (EU) 2018/1806 (EU visa regulation). The group of people named there can then be visa -free in the entire Schengen area on the basis of Art. 20 of the Schengen implementation agreement [11] stop. (Also applies in the area of ​​states according to category I and II.)

A Border Codex New calculation method for the permissible length of stay Both as part of a Schengen visa and for a third -free third -party. Instead of the previous “forward view” (“90 days within 180 days”, ie from entry forward), a “flexible reverse view” is used (“90 days per period of 180 days”, that is, from the check date, backwards). This rule must be fulfilled at all times of a stay or entry. Days of entry and departure are also part of the stay. [twelfth]

Example: The visa is valid from April 15, 2015 to April 14, 2016. It will be entered on April 23, 2015 with this visa for the first time. Basically, you can then stay in the Schengen area for up to 90 days (until July 21, 2015). However, if you already had another Schengen visa and have been in the Schengen area in the past few months, you must include the corresponding stays when calculating the highest possible stay of 90 days within a 180 day period. Basically, a next entry would be possible again from October 20, 2015 (in this example the 181st day after the first entry) for 90 days. [13]

According to Art. 5 Para. IV A of the Schengen border code [14] the owners of a residence permit from a Schengen state of category I or II are freed from the visa light for the necessary transit by the other Schengen states of categories I and II for the purpose of returning to the exhibitor state. The residence permits, of which this right can be derived, have been published in the official gazette. This right is granted almost prerequisite, not even a valid border overhead paper is required as long as the identity can also be demonstrated differently.

According to the decision 895/2006/EC, a lawsuit by the states of category II now exists for the owners of residence titles of the states of categories I to III (each without EST, LIT), from Schengenvisa and National Visa of Category I. Unlike Art. 5 IV a SGK is possible to pass through in both directions, both from a third country in the exhibitor state of the title and in the opposite direction. However, the entry requirements must be met. For the owners of Category III (CH, Lie) titles, there is also a complementary and analogy through -line law also by the states of category I according to decision 896/2006/EC.

Art. 18 of the Schengen implementation agreement [15] A visa -free throughout the visa through the states of category I in the exhibitor state of a national visa grants a similarly visa -free through the first way in this state and under further conditions. (Only applies to national visa type “D” of states in category I.)

Art. 21 SDÜ finally grants a further visa -free right of residence for the owners of national residence titles in Category I in the other Schengen states of Category I, but also under restrictive conditions.

requirements [ Edit | Edit the source text ]

The visa -free entry is only possible under the requirements regulated in the individual legal provisions. These regulations regularly refer to Art. 6 Para. 1 of the Schengen border code. [16]

According to this, a valid border crossing paper, the proof of travel destination, travel purpose and the funds required for its financing is necessary. Furthermore, the third -country country may not be advertised in the Schengen information system for refusal to enter and whose entry and stay endanger public order, safety or health of one of the Schengen states. Also, there may be no national tender due to a ban on residence for the states in which the foreigner is.

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Exemptions from the visa light for foreigners in Germany, Austria and the other Schengen countries primarily regulate the Regulation (EU) 2018/1806 (EU visa regulation) or also the Directive 2004/38/EC. [4]

National exceptions are in Germany by §§ 16 to 30 of the Residence Ordinance [17] regulated. The existing agreements on visa freedom are taken into account in §§ 16 and 41 of the Residence VO and do not apply directly.

Only the freedom of movement as an EU citizen within the EU has who is employed or looking for a job as an employee or self-employed. Other – non -employed – Union citizens only have this right if they have sufficient livelihoods and sufficient health insurance protection in the admission members. Apart from that, stays of up to three months are possible without these requirements.

German, Austrian and Swiss citizens are entitled to revelation in the countries of the European Union, the European Economic Area and Switzerland and are therefore generally visa -free. In these states, visa freedom does not depend on the possession of a certain border overhanging paper and results solely from Union citizenship or nationality. The visa freedom in other countries is subject to sovereignty and can also be changed one -sidedly.

The information service of the Federal Foreign Office offers detailed information about the entry requirements for German citizens in the respective target states. However, binding information can only provide the responsible foreign representations of the target state. The Foreign Minister of Switzerland and the Principality of Liechtenstein refer to foreign representations accordingly in their website.

The fee -liable for a current overview of the different exemption regulations [18] Travel Information Manual, which is updated every month by the IATA. The travel agencies also provide information.

  1. ↑ a b European Convention on the regulation of passenger transport between the Member States of the Council of Europe, SEV no. 025
  2. ↑ Viennese Convention on Consular Relationships
  3. ↑ Concordat between the Holy Chair and the German Empire
  4. ↑ a b Article 5 (2) and 6 (2) of the Directive 2004/38/EC of the European Parliament and the Council of April 29, 2004
  5. ↑ Entry formalities for their family members who are not themselves Union citizens themselves
  6. ↑ Right of Union citizens and their family members to move and reside freely within the Union, Guide on how to get the best out of Directive 2004/38/EC
  7. ↑ Decision of the Joint EEA Committee No. 158/2007 of December 7, 2007 to change the Appendix V (free movement of the employees) and Annex VIII (settlement law) of the EEA agreement .
  8. ↑ Statutory Instrument 2006 No. 1003 – The Immigration (European Economic Area) Regulations 2006 . Great Britain only accepts self -issued residence permits (see definition of “Residence Card” in section 2).
  9. ↑ Point 3.2 in Report from the Commission to the European Parliament and the Council on the application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States
  10. ↑ Regulation (EC) No. 562/2006 of the European Parliament and the Council of March 15, 2006
  11. ↑ Schengen implementation agreement
  12. ↑ German Embassy Kiev – Calculation of the permissible length of stay in the event of short stays. (No longer available online) archived from Original am 14. June 2017 ; accessed on June 13, 2017 . Info: The archive link has been used automatically and not yet checked. Please check original and archive link according to the instructions and then remove this note. @first @2 Template: webachiv/iabot/m.kiev.diplo.de
  13. ↑ Andras Szilagyi: Short-stay Visa Calculator – Migration and Home Affairs – European Commission. December 8, 2016, accessed on June 13, 2017 (English).
  14. ↑ Regulation (EC) No. 562/2006 of the European Parliament and the Council of March 15, 2006 (SGK)
  15. ↑ Schengen implementation agreement (SDÜ) ( Memento from March 14, 2010 in Internet Archive )
  16. ↑ Ordinance (EU) 2016/399 of the European Parliament and the Council of March 9, 2016 on a community code for crossing the borders by persons (Schengen border code) , accessed on June 13, 2017
  17. ↑ Residence regulation
  18. ↑ Travel Information Manual (TIM) ( Memento from March 20, 2013 in Internet Archive ) (Travel Information Manual)