Why common EU visa rules?

More than 400 million EU citizens enjoy freedom of movement within the Schengen area. You can travel, work and live anywhere in the EU. Third-country nationals who live in the EU or are staying there as tourists, as exchange students or for professional purposes can also move freely.

The Schengen regulations:

• Abolition of controls at the EU’s internal borders, with some exceptions
• provide for a uniform set of rules for controls at the EU’s external borders

This requires a common EU visa policy proper functioning of the Schengen area without bordersas it makes it easier for visitors to enter the EU and at the same time increases internal security.

The EU has a visa policy in relation to:

• Transit through the territory of a Schengen State or planned short stays in the territory of a Schengen State
• Crossing the international transit zone of the airports of the Schengen countries

Short stays are stays of a maximum of 90 days in a 180-day period.

Today, 26 European countries issue Schengen visas (as members of the Schengen area): 22 of the 27 EU Member States, Iceland, Liechtenstein, Norway and Switzerland.

Bulgaria, Croatia, Cyprus and Romania, where internal border controls have not yet been lifted, and Ireland (which is not part of the Schengen area) do not issue Schengen visas, only national visas.

Exemption from the visa requirement with third countries

The EU currently has a visa-free regime 61 third countriestwo special administrative regions of the People’s Republic of China (Hong Kong and Macau) and one local authority which is not recognized as a state by at least one EU member state (Taiwan).

According to this, third-country nationals with a biometric passport for short stays can enter the Schengen area without a visa.

The principle of reciprocity applies when issuing visas. This means that the same visa exemption applies to EU citizens traveling to the relevant third countries.

Of the 61 third countries benefiting from the visa-free regime, 27 have completed it Visa Waiver Agreement with the EU.

Agreements with third countries to facilitate the issuing of visas

The EU has agreements with certain third countries aimed at facilitating the issuing of visas. Third-country nationals who are in possession of a biometric passport benefit from this visa relaxation simplified procedures for entering the Schengen area for short stays.

Measures to simplify visa issuance procedures include:

• a simplification of the supporting documents required
• reduced or no-charge fees for certain categories of applicants
• shorter processing times for visa applications
• Provisions for issuing multiple-entry visas with extended validity

Suspension of visa agreements

The EU can suspend visa exemption agreements or visa facilitation agreements if a third country no longer meets the requirements the agreement. The general rules of the Union Visa Code then apply.

These suspensions can be initiated by an EU Member State or by the European Commission.

Such agreements are currently suspended with three countries:

• Russia (full suspension of facilitation deal)
• Belarus (partial suspension of facilitation agreement)
• Vanuatu (partial suspension of exemption agreement)

General EU visa requirements

For travelers from third countries who do not benefit from an exemption or facilitation agreement, the Visa code is applicable. This code defines the procedures and conditions for issuing short-stay visas and airport transit visas within the Schengen area.

It also lists the third countries whose nationals must hold airport transit visas to access the international transit areas of EU airports and sets out the procedures and conditions for issuing these visas.

The Visa Code also contributes to improving the Cooperation with third countries on the readmission of illegal immigrants through the visa policy leverage mechanism.

If a third country does not cooperate on readmission, specific restrictive measures related to visa processing and visa fees can be taken under this mechanism. So far, restrictive measures have been enacted against The Gambia.

Conversely, if a country is found to be cooperating on readmission, the EU may provide for a reduction in visa fees, a reduction in the time taken to decide on visa applications or an extension of the validity of multiple-entry visas.

Digitization of Schengen visas

Currently, applying for a Schengen visa is a lengthy process that requires a lot of paperwork. Applicants must travel to submit their application and then collect their visa. These restrictions are severe for both travelers and consulates.

In April 2022, the European Commission presented a proposal to digitize Schengen visa procedures. The new provisions aim to:

• to remove the visa sticker
• offer the possibility to submit visa applications online via a Online platform for visa applications
• Improvement of the visa application process
• Reduction of costs and effort for EU countries and applicants

The proposal is currently being discussed in the Council.