The Schengen Agreement includes a number of legal contracts within Europe. The key point for travelers is the elimination of passport and border controls between the member states. The word Schengen has long been accepted by the responsible authorities. One also says Non-Schengen to the states that do not belong to the states of the association. The whole thing is a very dry topic, but if you are not a citizen of the Schengen signatory states, you have to deal with it. In addition, the so-called “Schengen law” is still in motion and will remain so for some time.
Basics
Many see the EU and the Schengen signatory states as an association. But this is not the case. Both are international treaties, but have nothing to do with each other. This is because almost all EU countries have joined the Schengen Agreement, Ireland, Croatia, Romania, Bulgaria and Cyprus but not. The Schengen signatory states also include states that do not belong to the EU, such as the Switzerland, Norway, Iceland and Liechtenstein.
What is even more complicated is that not all states have fully implemented the Schengen agreements. Bulgaria, Romania and Cyprus are Schengen signatory states, but have not yet fully implemented the treaties.
For the traveler this means:
Anyone wishing to enter or leave the Schengen signatory states must submit to border police entry or exit controls. This also applies to the states that do not yet fully apply the Schengen Agreement. There is no border police entry or exit control within the Schengen states, unless the contract is temporarily suspended due to special events. This can be decided by any contracting state, but it is rather the exception and rarely occurs.
Another mistake is that when crossing the border from one Schengen state to the other, you do not need to have an ID card or passport with you. It is not so. Just because there are no more border police controls does not release travelers from the obligation to carry a valid border crossing document with them.
The Schengen Implementation Agreement
The Schengen Implementation Convention (SDÜ) regulates the entry and residence of all citizens in the area of the Schengen signatory states. This convention has already been implemented into national law in the contracting states. In Germany, for example, it is the Residence Act. In addition, there are other laws in Germany that transpose Schengen law into national law. However, Schengen law is of higher value: Even if it has not yet been transposed into national law by a contracting state, Schengen law applies.
It is also very important to understand that the Schengen Implementation Agreement only regulates so-called short stays. It is only valid for a period of three months in half a year or for a period of 90 days in half a year. If you want to stay longer in a state of the Schengen area or stay longer in the area of the Schengen signatory states, only a residence permit helps, which can only be derived from national law.
However, not all of these residence permits are "Schengen-effective". Some are only valid in the state in which they were issued. There is also a whole series of bilateral agreements between individual Schengen states that are effective under international law. In any case, you should urgently inform yourself at the embassy of your home country.
The Schengen Borders Code
The Schengen Borders Code regulates entry into the territory of the Schengen signatory states. Everything is regulated in great detail. What should a border police entry control look like, how should it be carried out, which documents are recognized and which are not.
visa
The visa for the Schengen signatory states now looks uniform. But the UK and Ireland also use these Visa labels. These are Not Schengen effective because the two states do not belong to the Schengen states. But you should definitely take care of what it says on the label. Here, too, the subject is very complex. In any case, you should find out exactly what is in store for you before you travel.
The visa is generally valid for all Schengen signatory states. However, the word “basically” already indicates that there are exceptions. Some visas are not valid for all contracting states. But that is also written on it, but with the usual abbreviations. You also have to pay attention to the categories. It gets more complicated.
Visa categories
There are 4 categories of Schengen visas:
- Category: A is just a transit visa. There are states whose citizens have been imposed by the Schengen signatory states, even if they are only traveling to another state via the Schengen area, to present a visa when entering the country. If the transit airport you are traveling through is in the Schengen area.
- Category: B is the so-called transit visa. You want to get from A to B and have to go through an area of the Schengen states. This is possible with this visa.
- Category: C is the classic visa for visiting the Schengen signatory states. This makes it possible to stay in accordance with the requirements of the visa. It can be limited to a single entry or to a certain number of entries. However, it can also be issued for an unlimited number of entries for the period of validity. In the corresponding field on the visa you will find “Mult”.
- Category: D is again a specialty. It is a national visa. So it is only valid in one Schengen state. But it also includes the journey to the Schengen state. With this visa you can for example from Frankfurt am Main by train to Brussels to travel. But only for arrival and departure. After that, the visa is only valid for one country. Difficult because the label looks the same and only one letter indicates it. These visas are also issued for a longer period than a short stay. For example, if a degree takes four years, the visa can also be issued for four years.
- Category: D C. This Visa category deals with exactly the problem just discussed. If you are in Germany, for example, to study, you can also travel to the other Schengen signatory states with this visa. According to the conditions of category C.
Third country nationals
The German translation of the CISA speaks of all people who do not come from the area of the Schengen signatory states, i.e. third-country nationals. But here, too, one has to distinguish between them.
EU citizens
The first and easiest group for entry are the states that are nationals of the EU are, but do not belong to the Schengen signatory states. These are e.g. citizens who come from Ireland. According to EU legislation (but that has nothing to do with Schengen), you are visa-free. The EU's free movement rights also apply to them. Perhaps an example here makes something clear. A couple from Ireland, one of the two comes from a country that requires a visa for the Schengen area, want to travel to Germany to see the country. The partner who actually requires a visa does not need a visa at all, because EU law allows them to come to Germany. It should be so that the respective partner gets a so-called declaratory visa with the border authorities. It only costs a little time, but no money.
Preferred citizens
The second group, which is still simple, are people from the preferred countries, for example Americans or Australians. You only need a valid passport to enter the country. Even if you later want to take up work in Germany, your passport is sufficient. You can do everything else later. Although preferred, these citizens belong to the group of positive states that will be discussed in a moment.
Positive state
The third group is the most complex, the so-called positive states. This group does not need a visa to enter the Schengen area. For them, however, the same conditions apply as for people with a category C visa. Three months or a total of 90 days in half a year. For longer stays you also need a visa. But not the Schengen visa, but a residence permit from the country in which you live. What makes this group so complicated? Schengen law. Entry is unproblematic at first. You need a valid passport and have enough money (or insurance) to get around in the Schengen area. This has a small disadvantage: If you commit a crime in the Schengen countries, the entry requirements are automatically no longer valid. One inevitably also commits a second crime, unauthorized residence.
Negative states
The fourth group are the so-called negative states. These require a visa to enter the Schengen countries. The entry requirements are checked at the embassies of the Schengen signatory states and a decision is made on the issuing of the visa. You should definitely contact the embassy of the state into which you want to travel. This makes it easier for the border police to check entry, as the officer on site can first read the visa and, secondly, the purpose of the trip can be seen.
