INTRODUCTION

Schengen measures provide for the abolition of controls at the internal borders of the Schengen Member States, establish common rules on checks at the external frontiers, provide for a common visa policy and introduce accompanying measures which enable the lifting of the internal border checks (in particular in the field of police and judicial cooperation in criminal matters). These rules have thus direct implications for citizens in the area of free movement of people:

  • Removal of border controls at common internal borders;
  • Common set of rules applying to people crossing the external frontiers of the Member States being part of the Schengen area;
  • Separation at air terminals and, where possible, at seaports of people travelling within the Schengen area from those arriving from countries outside the Schengen area;
  • Harmonisation of the rules regarding conditions of entry and visas for short stays.

The most noticeable impact of Schengen on individuals is that they no longer have to show their passports when crossing borders between Schengen Member States. But this does not mean that travelling within the Schengen area is the same as travelling within a single MemberState in relation to the detention of a travel or identity document. The law of each MemberState applies in order to determine whether a person needs to carry such a document.

TO WHICH COUNTRIES DO SCHENGEN RULES APPLY?

Today, 13 EU Member States, Austria, Belgium, Denmark, Finland, France, Germany, Italy, Greece, Luxembourg, Netherlands, Portugal, Spain, Sweden, plus Norway and Iceland fully apply the provisions of the Schengen acquis.

The ten new EU Member States, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, are not yet fully-fledged members of the Schengen area, since the border controls between the new Member States and the current members of the Schengen area are maintained until the EU Council decides that the conditions for abolishing internal border controls have been met. However, since the date of accession they do apply parts of the Schengen acquis, in particular in the area of police and judicial cooperation and of external border control.

EU Member States still outside the Schengen area are the UK and Ireland which have chosen to maintain border controls with other EU Member States (although they have been authorised to apply some of the provisions on police and judicial co-operation in criminal matters).

Also Switzerland has decided to join the Schengen area. This means that border checks on individuals will disappear in some years. Switzerland will have the same associate status as Norway and Iceland which are also not members of the EU.

MAIN IMPLICATIONS FOR EU CITIZENS

As a citizen of a Member state of the European Union, you have the right to enter any other EU country without having to comply with special formalities. All you need is a valid passport or identity card. Your right to travel may be restricted only on grounds of public policy, public security or public health. Accordingly, your right to travel does not depend on your circumstances, whether you are travelling for professional or private reasons, you have the right to travel anywhere in the European Union.

If you are an EU citizen, you will no longer have to show your passport when crossing borders between Schengen Member States. However, the Schengen Member States have retained the right, on the basis of their national legislation, to carry out identity checks throughout their territory as part of police duties. The national legislation defines whether you should carry an identity card or a valid passport.

MAIN IMPLICATIONS FOR NON EU CITIZENS

As a citizen of a third country you may enter and travel within the territory of the Member States applying in full the Schengen provisions for a period of up to three months, provided you fulfil the entry conditions laid down in the Schengen acquis, now integrated into the EU:

  • the possession of a valid travel document,
  • the possession of a short stay visa if required;
  • being able to demonstrate the purpose of the journey;
  • and the possession of sufficient means of subsistence for the period of stay and for the return
  • furthermore, you should not be listed in the Schengen information system for the purpose of refusing entry and you should not be considered to be a threat to public policy or national security for all Schengen States.

If you want to stay longer than three months you still need a national long term visa or residence permit. It is up to the individual countries to set their own requirements.

In 2001 the Council of the European Union adopted a regulation1 listing the third countries whose nationals must be in possession of short stay visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement.

This means that all Schengen Member States issue visas under the same conditions, taking account of each other’s interests. A visa issued by one SchengenMemberState is therefore also valid for the others, which benefits third country nationals wanting to visit more than one SchengenMemberState. In exceptional cases, visitors that do not meet the common entry conditions are issued with a visa valid only for the SchengenMemberState issuing it. Such cases arise for humanitarian reasons or reasons relating to national interest or compliance with international obligations.

Non-EU nationals legally residing in the territory of a MemberState have the right to travel (up to three months) within the European Union:

On the basis of the Schengen acquis, a valid residence permit from a SchengenMemberState, together with a travel document, can substitute for a visa. Thus, a third-country national presenting his/her passport and a valid residence permit issued by a SchengenMemberState is allowed to enter another SchengenMemberState for a short stay without needing a visa. This equivalence does not apply to residence permits

THE SCHENGEN VISA FOR NON EU CITIZENS

With a Schengen visa, you may enter one country and travel freely throughout the Schengen zone; Internal border controls have disappeared.

WHERE TO APPLY FOR THE VISA?

If you intend to visit only one SchengenMemberState, you must apply at the Embassy or Consulate of this MemberState. If you intend to visit several Schengen countries, you must apply for a visa at the Embassy or Consulate of the country which is your main destination. If you intend to visit several Schengen countries but do not have a main destination, you should apply for a visa at the Embassy or Consulate of the country which is your first point of entry.

WANT TO KNOW MORE ABOUT THE SCHENGEN AREA?

BACKGROUND INFORMATION

The Schengen Agreement2 is the basic act on the gradual abolition of checks at the common borders signed in 1985 outside the EU framework between five EU Member States (Belgium, Germany, France, Luxembourg and the Netherlands). The Schengen Convention, signed in 1990, is the implementing act of the 1985 Agreement, providing for the abolition of controls at the internal borders of the signatory States, establishing common rules on checks at the external frontiers and introducing the accompanying measures which enable the lifting of the internal border checks. The Schengen Convention came into force in 1995 and has been integrated into the framework of the European Union by the entry into force of the Treaty of Amsterdam in May 1999. Since then, the Schengen acquis has been applied and further developed within the European Union’s legal and institutional framework.

WHAT IS THE SCHENGEN ACQUIS?

The Schengen acquis is the set of rules adopted within the intergovernmental Schengen group, which include: The convention itself and the 1985 agreement; the accession protocols with Italy, Spain, Portugal, Greece, Austria, Denmark, Finland and Sweden; and the decisions and declarations adopted by the Schengen bodies. Several of these provisions have been replaced and amended, where necessary by subsequent EC/EU legislative instruments. The whole set of these provisions in force is called the “Schengen acquis”.

The Schengen acquis includes a detailed series of measures designed to compensate for the abolition of internal border controls by reinforcing security at the Union’s external frontiers. Key among these measures is the requirement that Member States with an external EU frontier have a responsibility to ensure that proper checks and effective surveillance are carried out at the EU’s external frontiers. Once a person is inside the Schengen area, he or she is free to move around wherever he or she wants for a short period of time. It is therefore vital that checks and controls at the EU’s external frontiers be rigorous enough to stop illegal immigration, drug smuggling and other unlawful activities.

SAFEGUARD CLAUSE

In the event of a serious threat to public policy or public security, a safeguard clause authorizes any MemberState to temporarily reinstate controls at its frontiers within the European Community.

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INTRODUCTION

Did you know that as an EU citizen you have the right to live, work and study in another EU country? And did you know that every year thousands of people actually do this?

These are some of your basic EU rights and through this booklet we want to make sure you know about them.

But what about the practical aspects of moving to another EU country? What about your car, driving licence and social security? How can you manage your money?

Just as importantly, this booklet also tells you about the many practical EU rights you have that make moving to another EU country as easy and hassle-free as possible.

We focus on the EU rights you have when doing the following in another EU country:

  • getting there,
  • living there,
  • working there,
  • studying there.

We also look at:

  • your consumer rights and managing your money within the EU,
  • how to enforce your rights,
  • where to find further information and advice.

Please note that this is only an overview of your rights at EU level. For more detailed information and factsheets on how things work in individual EU countries you should visit the Your Europe website:

GETTING THERE

BASIC RIGHTS

As an EU citizen, you have the right to enter any EU country without having to comply with special formalities. All you need is a valid passport or identity card.

Your identification can be checked for validity, but you cannot be asked questions about the purposes and duration of your trip.

Your right to travel may be restricted only on grounds of public policy, public security or public health.

YOUR FAMILY

Members of your family, whatever their nationality, may go with you. Non-EU citizens may need an entry visa, depending on their nationality.

SCHENGEN

Within the ‘Schengen area’, there are generally no identification checks at internal borders. This area comprises the following countries (as of 1 May 2005):

Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, the Netherlands, Norway, Portugal, Spain and Sweden.

AIR TRAVEL

If you are denied boarding, your flight was cancelled, you experienced long delays or your baggage was lost, you may be entitled to compensation under EU law and you can complain to the relevant enforcement body.

HEALTHCARE

When travelling within the EU, if you suddenly fall ill or have an accident in another EU country, you (and your family) are entitled to immediate healthcare there. For this, you need the European health insurance card (or the relevant ‘E111’ form), which you should obtain from your home country before departure. This applies only to short periods abroad.

PURCHASES FOR YOUR PERSONAL USE

You can buy goods and services for your personal use under the same tax rules as apply to nationals of the country concerned, and take them home with you. However, this does not apply to the purchase of new cars. For tobacco products and alcohol, evidence may be required that the goods are for personal use in certain circumstances. Further information:

LIVING THERE

BASIC RIGHTS

As an EU citizen you are entitled to stay and settle in any EU country.

YOUR FAMILY

This fundamental right extends to members of your family. If they are not EU nationals, the country concerned may require an entry visa.

RIGHT TO SETTLE

For periods shorter than three months: all you need is a valid identity card or passport.

For periods longer than three months: you have the right to settle in another EU country if:

  • you are a worker or self-employed in the host EU country, or
  • you are enrolled at a private or public establishment for the principal purpose of following a course of study, including vocational training, or
  • you have sufficient resources for you and your family members and you have comprehensive sickness insurance cover in the host EU country.

For further information, see the guide Living in another EU country and the associated factsheets on the Your Europe website.

CAR

If you have a new car, no checks can be imposed in the new country. If you have a used car, it may have to undergo a roadworthiness test.

In general you have to register your car under the normal number plates of the new country, as well as pay vehicle registration and car tax in that country.

You can use your car on a temporary basis in any other EU country without paying taxes for six months out of any 12 months. This does not apply to ‘frontier workers’ — people who work every day in a neighbouring country.

DRIVING LICENCE

You can drive in the new EU country on the licence from your home country. However, the EU country will apply its own rules as regards the period of licence validity, medical checks and tax rules.

YOUR BELONGINGS

They can be moved without any restrictions and without paying customs duties or taxes.

TAXES

In order to prevent double taxation, you need to establish whether you are ‘resident for tax purposes’ in the new country — which essentially means that you declare all your income there.

You should do this by contacting the tax authorities in your home country and the new country. Check also whether any formalities have to be completed before your departure.

VOTING AND STANDING FOR ELECTION

You can vote and stand as a candidate in the new country under the same conditions as nationals of that country in:

municipal (local) elections: note that you do not automatically lose your vote in your home country if you vote in the new country;

European elections: note that you must register on the electoral role. You will automatically lose your vote in your home country if you vote in the new country.

WORKING THERE

BASIC RIGHTS

You have the right to work and retire in whichever EU country you want.

You should receive the same treatment as any national of this country and cannot be asked to meet additional requirements.

You can apply for any job advertised anywhere in the EU (apart from certain public service posts).

IMPORTANT CURRENT RESTRICTIONS

Please note: during a transitional period of maximum seven years, workers from some of the States which recently joined the EU may face restrictions on access to the labour markets of the previous Member States (EU-15), whilst workers from the EU-15 may face reciprocal restrictions in some of the new Member States.

There are also limitations on the access by citizens of new EU countries to unemployment benefits in an EU country other than their own.

EURES WEBSITE

FAMILY

Members of your family, whatever their nationality, have the right to accompany you or to join you in your country of employment. Family members are entitled to have access to the general and vocational education available in your new country.

JOBSEEKING

If you are unemployed, you have the right to live in an EU country for a ‘reasonable period’ of time to look for a job — mostly six months (but check this for the particular country). This can be extended.

You may also continue, for up to three months, to draw any unemployment benefit you may have been receiving, provided you meet certain conditions. You are advised to contact your social security institution before leaving your home country for further information and advice on formalities to go through and forms to collect.

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

The EU single market gives you the freedom to pursue an occupation, on a self-employed or employed basis, in an EU country other than the one in which you acquired your professional qualifications. There is a system in place at EU level that facilitates the recognition of these qualifications by different EU countries.

See also ‘Academic recognition of diplomas’.

For further information, please consult the relevant factsheets on the Your Europe website.