Student collection list
A Schülersammelliste (official German name), in Austria the list of travelers , in Switzerland the list of students , in Great Britain called the List of Travelers , is a travel document with which school classes can travel to other European countries even if not all students have a passport and have a visa or residence permit required for transit through a third country , for entry into the third country and re-entry into the home country . In this respect, a student collective list replaces the missing residence permit ; optionally - depending on the regulations of the member state - it can also act as a passport substitute.
The student collection list is based on the decision of the Council of the European Union of November 30, 1994 on the joint measure adopted by the Council on the basis of Art. K.3, Paragraph 2, Letter b of the Treaty on European Union, on the facilitation of travel for students from third countries with residence in a Member State . According to the preamble, it is intended to help third-country nationals to integrate better. The decision does not apply directly in the member states, but must be implemented in national law. The national legislature also decides whether the student collection list is used as a passport substitute.
The general student list procedure applies in principle in the area of the member states of the European Union . The procedure also applies to school trips to and from Switzerland . It is unclear whether and to what extent the procedure will also be used by the other member states of the European Economic Area (i.e. Norway , Iceland and Liechtenstein ).
In the past, missing travel documents and identification documents often led to the exclusion of classmates on school trips. Especially in Germany only tolerated pupils and pupils who could not obtain their own travel document (e.g. because they were only entered in their parents' passport) were often unable to take part in school trips to other European countries. In 1994 there were also the different national entry regulations of the member states, since a common European visa policy was only introduced in 2001 (see → main article Regulation (EU) 2018/1806 (EU visa regulation) ).
Students who are citizens of a member state of the European Economic Area or Switzerland have general freedom of movement within these countries. In principle, these people can travel freely without the need for a travel document and a visa. However, in the event of an ID check, they must prove their citizenship, which is most easily done with an identity card or passport. However, this is not mandatory. No border control officer may prevent an EEA citizen / Swiss citizen from entering the country if the nationality is proven otherwise. If the travel group only consists of citizens of the EEA or Switzerland and all travelers are able to prove their citizenship by means of an identity card or passport, no student collective list is required.
In the case of third-country nationals , a distinction must be made: within the Schengen area (i.e. all EEA member states and Switzerland, with the exception of Bulgaria , Croatia , Romania , Great Britain and Ireland ), they will need a passport to cross the border (identity card is not sufficient) and a residence permit ( any) of a member state of the Schengen area (Art. 21 Schengen Convention ). The student can then stay in the other Member State for up to 90 days within a 180-day period. If these persons do not have a passport and / or a residence permit in their country of residence (in Germany, for example, only a German Duldung ), they cannot enter another EEA member state or Switzerland. Who anyway - z. B. over the green border - leaves, is often a criminal offense in the other Member State because of illegal entry and residence. At the same time, if the person concerned is asked to leave the country, they lose their right to re-enter Germany. The German toleration becomes irrevocable upon departure from Germany ( § 60a Abs. 5 AufenthG).
If you are traveling to a non-Schengen state (e.g. Great Britain), its national entry regulations apply. In addition to presenting a passport, they sometimes also require third-country nationals to obtain a visa in advance.
If a student in the travel group does not have the required visa, passport or residence permit, the student collective list can be used.
Collective lists for pupils are possible for class trips at a general school. In addition to the wording of the resolution, vocational schools also come under the rule.
The creation of a student list is possible if the class trip includes at least one border crossing and at least one third-country student does not have a travel document or has a travel document, but is not allowed to enter the country to which the class trip leads without a visa due to his / her residence status and he does not have such a visa. If the issuing country also accepts the student collection list as a passport replacement paper, the student collection list for passportless students can also be used as a travel document.
It is irrelevant whether the border crossing is controlled (Schengen external border) or uncontrolled (Schengen internal border). The elimination of border controls within the Schengen area does not exempt from compliance with the entry and residence regulations of the transit and destination country of the trip.
The principle of favorability applies to dual nationals: If you also have German citizenship, this alone is decisive for crossing the border. If, in addition to a third country nationality, you also have the nationality of an EEA member state or Switzerland, the latter is all that matters. The additional third country nationality does not deteriorate their status.
School trips within the Schengen area
Within the Schengen area, a student collection list is only required if at least one third-country student does not have a passport and / or does not have a full right of residence in the country of residence (full residence rights in Germany include, for example, residence permits in the form of a residence permit , EU blue card , settlement permit , EU long-term residence permit ). According to Article 21 of the CISA, the national passport and the residence title of the country of residence are sufficient for this group of people to cross the border into another Schengen state for a stay of up to 90 days in a period of 180 days. If these requirements are met for all third-country nationals, there is no need for a student collection list.
However, if you travel For example, a Turkish student with a passport, but only with a German toleration, crosses the green border from Germany to France and gets into a personal check in Paris , he will be asked to leave France immediately. Because a German Duldung is not a residence title and does not entitle you to stay in France, especially since it has expired when you leave Germany. In this case, a student collection list is mandatory in order to enable the Turkish student to participate in the class trip to France and to return to Germany.
School trips outside the Schengen area
The situation is fundamentally different when traveling to non-Schengen countries of the European Union, e.g. B. to Great Britain. On the one hand, Great Britain does not belong to the Schengen area and therefore continues to control extensively at its national border. On the other hand, it only participates to a small extent in the entry and residence regulations of the European Union for third-country nationals and instead applies its national entry regulations. Visa exemptions in the Schengen area do not apply in the UK. Who z. B. A student with Bosnian , Kosovar , Macedonian , Montenegrin , Serbian or Turkish nationality requires a British visa as well as a passport to enter the UK. In contrast to the Schengen states, the German residence permit is not recognized in Great Britain. Students who require and do not have a UK visa must be on a valid student collection list; otherwise they will be denied entry to the UK.
If a group of pupils includes pupils with third country nationality and these persons do not have the travel documents and residence permits required to cross the border, the class teacher fills out a pupil list according to the example shown.
He enters all participants in the travel group in this, including those students who are EEA citizens and Swiss citizens. The school principal confirms the information and seals the list with the school seal.
The completed list is valid in all member states of the European Union and Switzerland as a visa substitute.
The list is only valid if a teacher is traveling with you. The student collection list procedure is not available for other trips outside of school events that are not accompanied by a teacher.
If the completed list is to be used as a passport substitute at the same time (here it must be clarified beforehand whether the issuing country allows the student collective list as a passport substitute paper), the completed list, confirmed by the school principal, must be sent to the immigration authorities together with a photo of the students who do not have a travel document. to get redirected. The immigration office checks and confirms the information regarding the passportless pupils, sticks their photos into the list and seals the pupil collection list. Germany uses the passport replacement function of the student collection list. In Germany, this has cost 12 euros per student to be confirmed since September 1, 2017 ( Section 48 Paragraph 1 No. 7 AufenthV).
Poland and Slovenia also issue student collection lists as passport replacement paper .
The Czech Republic has informed the Council of the European Union that it does not use the passport substitute function on lists issued by its authorities. His communication also shows that Germany , Italy , Latvia , Austria and Slovakia use the passport substitute function which the Czech Republic will then recognize for its territory.
A duly completed German student collection list is a residence permit and (if the German immigration authority has cooperated) also a passport substitute paper for the third country and at the same time an entitlement to return to Germany ( Section 22 subs. 2 AufenthV). It is the same with Austrian lists. Lists of other countries have the function of a residence permit for Germany (Section 22, Subsection 1, No. 3 of the Residence Ordinance) and - if the foreign immigration authority has cooperated - also of an identity card replacement ( Section 3, Subsection 3, No. 6 of the Residence Ordinance). If the foreigners authority of the foreign state does not cooperate, the list only has a residence permit function (visa function).
- ↑ School children traveling to the UK as part of organized school groups , information page of the British Home Office , accessed on June 14, 2015.
- ↑ Decision of the Council of November 30, 1994 , accessed on June 14, 2015 . In: Official Journal of the European Community . 1994, L 327, p. 1.
- ↑ See Art. 4 Clause 2 Letter e) of the Ordinance on Entry and the Issuing of Visas (VEV) of October 22, 2008 , SR 142.204, (PDF; 196 kB), accessed on June 13, 2015.
- ↑ See Art. 5 Para. 4 of the Union Citizens' Directive .
- ↑ a b school events within the EU; List of travelers; Visa replacement or travel document replacement for third-country nationals; New version 2009 ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Information from the (Austrian) Federal Ministry for Education and Women, No. 4 there, accessed on June 14, 2015.
- ↑ Information page of the British Home Office about the need for a visa , accessed on June 13, 2015.
- ↑ Winkelmann in: Passport substitute papers, online commentary in migrationsrecht.net, No. 25 , accessed June 14, 2015.
- ^ Communication from the Polish delegation to the Council of the European Union of October 6, 2005 - 13024/05 -.
- ^ Communication from the Slovenian delegation to the Council of the European Union of February 21, 2007 - 5767/07 -.
- ^ Communication from the Czech delegation to the Council of the European Union of February 3, 2005 - 5961/05 -.