Regulation (EU) 2018/1806 (EU Visa Regulation)

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Regulation (EU) 2018/1806

Title: Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 establishing the list of third countries whose nationals must be in possession of a visa when crossing the external borders, as well as the list of third countries whose nationals are exempt from this visa requirement are
Designation:
(not official) 		EU visa regulation
Scope: EEA and Switzerland excluding the United Kingdom and Ireland
Legal matter: Immigration law
Basis: TFEU , in particular Art. 77 para. 2 lit. a
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: December 18, 2018
Last change by: Regulation (EU) 2019/592 of April 10, 2019
Effective date of the
last change: 		The day EU law ceases to apply to the United Kingdom.
Reference: OJ L 303 of November 28, 2018
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The EU Visa Regulation (sometimes also referred to as the EU Visa Regulation , officially: Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 on the list of third countries whose nationals cross the external borders in Must be in possession of a visa, as well as the list of third countries whose citizens are exempt from this visa requirement ) is a legal provision of the European Union that regulates which third-country nationals need a visa in their national passport to enter the Schengen area for short stays and which require a visa -free can enter. The regulation came into force on December 18, 2018 and replaces Regulation (EC) No. 539/2001 of the same name (EU visa regulation) . It is a so-called codified text . For the sake of clarity and clarity, the repealed ordinance has been re-enacted with the new numbering.

Material scope

User states of the Schengen implementation agreement.

The regulation applies directly in the so-called Schengen states and does not need to be implemented separately in national legal provisions there. The Schengen states basically include all member states of the European Union including Bulgaria , Croatia and Romania , even if these three states are not yet fully users. In the case of Cyprus , which is in principle the full user, but continues to carry out border controls because of the unresolved Cyprus conflict and the unclear situation in Northern Cyprus , the regulation also applies without restriction.

Great Britain and Ireland are excluded from the scope within the European Union . For entries to Great Britain and Ireland, the national entry regulations of these countries apply.

The regulation also applies in the other states of the European Economic Area (EEA), including Iceland , Norway and Liechtenstein . The regulation also applies in Switzerland , which has signed a bilateral agreement with the European Union . These states have undertaken to incorporate the Schengen acquis into their national law.

Personal scope

Third country nationals

The ordinance regulates the requirements for short-term entry only by third-country nationals into the Schengen area via an external Schengen border.

It does not apply to the entry of nationals of the Schengen area member states, even if they want to enter a Schengen state of which they are not citizens (example: a German wants to enter Greece from Turkey ; the ordinance does not apply to Germans). Citizens of the European Union and other EEA states as well as Swiss citizens can enter any Schengen state at any time - regardless of the external border - without formalities and enjoy full freedom of movement within the Schengen states; they neither need a visa nor a residence permit . A document proving your nationality is sufficient.

The regulation also does not apply to British and Irish nationals wishing to enter the Schengen area, as the British and Irish are not third country nationals from the perspective of the Schengen countries. British citizens ( British Citizen ) and Ireland enjoy full freedom of movement in the rest of the European Union and the EEA and need to stay in a Schengen country neither a visa nor a residence permit (the same applies in the opposite case). However, the United Kingdom and Ireland have reserved the right to continue to subject all travelers, including EU citizens, to ID and customs controls (although customs duties have been abolished among EU countries) when entering their countries, while such controls within of the Schengen area no longer take place. As long as these controls are carried out, the neighboring countries France and Belgium have the same rights.

Background information → Main article Early border controls on the English Channel .

With the entry into force of the United Kingdom's withdrawal from the European Union, British citizens will lose this status; they then become third-country nationals. The amending regulation (EU) 2019/592 already takes this into account. See also section visa exemption .

Short term stays

The ordinance only applies to short stays of up to 90 days in a period of 180 days, i.e. essentially short tourist stays. Permanent stays (e.g. to reunite families, to study, to permanent work) are not covered by the regulation. In these cases, a national visa is regularly required (even if the short-term tourist stay would be visa-free), which expressly allows this purpose of stay. The issuance of such a visa is based on the national residence regulations of the Schengen state in which the permanent residence is intended.

Anyone who enters the country without a visa or with a short-term visa for the purpose of permanent residence usually commits an unauthorized entry and is asked to leave the country and to catch up on the visa procedure.

Border crossing at the external border of the Schengen area

Entry at an unusual Schengen external border in the middle of London: Eurostars passengers are checked by the French border police as part of the advance border clearance at St Pancras International train station before entering France.

The regulation only applies to third-country nationals entering the Schengen area via an external border of a Schengen state, i.e. not when crossing an internal border (e.g. between Germany and France ). The special provisions of the Schengen Implementation Convention (SDÜ) apply to cross-border passenger traffic within the Schengen area . According to Articles 20 and 21 of the CISA, a third-country national who is legally resident in any Schengen state can stay in any other Member State for a total of up to 90 days with a residence permit, a visa from that Member State or - in the case of a visa-free entry - only with his national passport stay within a period of 180 days without the need for an additional visa.

Between the Schengen States do no regular place checks on persons rather than more; At the borders of Switzerland to its neighboring states and at the borders to the other states of the EEA there is still a customs control because Switzerland, Iceland, Liechtenstein and Norway do not belong to the customs territory of the European Union and reciprocal customs regulations and import restrictions and bans apply here are to be observed. All travelers are subject to such customs controls.

Content of the regulation

No visa in the passport of an American, just a border control stamp: the "F" with the 12 European stars on the top left stands for the French authorities; the arrow pointing into the room at the bottom left confirms an entry process. The location of the border crossing "LFT Londres" (means: Liaison fixe transmanche 'connection through the English Channel Tunnel London' ) shows that the entry took place at London's St Pancras station , which is also indicated by the railway symbol in the top right of the stamp. According to this, on December 16, 2008, the pass holder entered the Schengen area in France with the Eurostar through the Channel Tunnel . The structure of the border control stamp is the same across Schengen.

Article 1 defines general principles of visa policy. Article 2 defines what the regulation understands by visa.

Visa requirement

The core of the regulation is Article 3 (1) with Annex I. The states listed here are those whose nationals must always have a visa when crossing the external borders of the Member States.

Citizens of are subject to the general visa requirement

Afghanistan , Egypt , Algeria , Angola , Equatorial Guinea , Armenia , Azerbaijan , Ethiopia , Bahrain , Bangladesh , Belarus , Belize , Benin , Bhutan , Bolivia , Botswana , Burkina Faso , Burundi , Cabo Verde (Cape Verde) , China , Côte d'Ivoire (Ivory Coast) , Democratic Republic of the Congo , Dominican Republic , Djibouti , Ecuador , Eritrea , Eswatini (Swaziland) , Fiji , Gabon , Gambia , Ghana , Guinea , Guinea-Bissau , Guyana , Haiti , India , Indonesia , Iraq , Iran , Jamaica , Yemen , Jordan , Cambodia , Cameroon , Kazakhstan , Qatar , Kenya , Kyrgyzstan , Comoros , Congo , Cuba , Kuwait , Laos , Lesotho , Lebanon , Liberia , Libya , Madagascar , Malawi , Maldives , Mali , Morocco , Mauritania , Mongolia , Mozambique , Myanmar / Burma, Namibia , Nepal , Niger , Nigeria , North Korea , Oman , Pakistan , Papua New Guinea , Philippines , Rwanda , Russia , Zambia , São Tomé and Príncipe , Saudi Arabia , Senegal , Sierra Leone , Zimbabwe , Somalia , Sri Lank a , South Africa , Sudan , South Sudan , Suriname , Syria , Tajikistan , Tanzania , Thailand , Togo , Chad , Tunisia , Turkey , Turkmenistan , Uganda , Uzbekistan , Vietnam and Central African Republic .

In addition, people with passports of the Palestinian Authority and Kosovo as defined in Resolution 1244 of the UN Security Council of June 10, 1999 are required to have a visa ; these areas are listed separately because they are not recognized as a state by at least one EU member state.

Until a visa waiver agreement is concluded, citizens of Dominica , Grenada , Kiribati , Marshall Islands , Micronesia , Nauru , Palau , Peru , St. Lucia , St. Vincent and the Grenadines , Timor-Leste (East Timor ) , Tonga , Tuvalu , Vanuatu and United Arab Emirates .

Instead of a required visa, any residence title from a member state also entitles you to enter the Schengen area. For example For example, if a Turkish citizen presents his national passport, which contains a German residence permit , when entering Greece, he must be allowed to enter Greece. He does not need an additional visa. This does not result from the EU visa regulation, but from Article 6 (1) (b) of the Schengen Borders Code ("[...] except if he is the holder of a valid residence permit [...].")

Visa exemption

Article 4 paragraph 1 i. V. with Annex II specifies those states whose citizens can enter the Schengen area without a visa within a period of 180 days for short stays of up to a total of 90 days . For nationals of these states, it is sufficient for them to present their valid national passport at an external border of the Schengen area, provided they meet the other entry requirements. There they receive a border control stamp and from then on they are allowed to stay in any state in the Schengen area for a total of 90 days within a period of 180 days.

There is no visa requirement

  • Citizens of Taiwan are also exempt visa. They are listed in a special group in the regulation, as Taiwan is not recognized as a state by all member states.

According to Article 4 paragraph 2 there is also a visa exemption

New states

In the case of a new state, the question of visa exemption until a new regulation first follows the previous nationality of the person concerned (Article 5).

Exemptions and exemptions from the visa requirement by Member States

Article 6 (1) of the regulation empowers the Member States to decide on exemptions from the visa requirement or the introduction of the visa requirement for certain groups of people (e.g. for holders of diplomatic passports , flight and security personnel). Germany has made use of this in several provisions, namely in § 19 , § 23 , § 24 and in § 25 AufenthV.

According to Article 6 Paragraph 2, general exemptions from the visa requirement are also possible, e.g. B. for schoolchildren in school groups, persons with refugee status and for NATO employees.

An important provision is the authorization in Article 6 (3) of the Regulation. According to this, Member States can provide for exceptions to the visa exemption for nationals who are gainfully employed during their stay . This authorization can already be found in the previous regulation. It was also accepted at the request of Germany, whose right of residence was previously linked to the legality of the stay on the fact that the third-country national had entered the country with the visa required for the specific purpose of the stay . Anyone who, for example, obtained a tourist visa for the purpose of a vacation trip, even though he intended to work in Germany, was not staying legally under German national law.

Article 6 (3) of the ordinance was implemented in Germany through Section 17 of the Residence Ordinance . According to this provision, there is no visa exemption for citizens "if they are gainfully employed in Germany." The practical significance of this provision is unclear. On the one hand, it requires linguistically that you have already taken up gainful employment, which, however, can hardly be proven at the time of crossing the border because the third-country national concerned is not yet working. On the other hand, the regulation relates to border crossings at a German Schengen external border, which, however, hardly exist anymore. It is unclear whether a border officer from another Schengen state must also apply Section 17 of the German Residence Ordinance (example: a Moroccan enters the Schengen area via Spain in order to travel on to Germany and work there). The meaning of Section 17 AufenthV is ultimately reduced to the question of whether the visa waiver does not apply if the person concerned actually starts to work. This question has not yet been clarified by the case law in Germany.

Sanction regulations

Article 7 provides for sanctions in the event that a country whose nationals are allowed to enter the Schengen area without a visa under Article 4 introduces the visa requirement for nationals of at least one Member State. A reciprocity mechanism will then be triggered for the nationals of this state and the visa requirement will also be introduced.

Article 8 provides for the temporary suspension of the visa waiver i. See article 4 above. Such reasons can be that the number of third-country nationals who have had to be refused entry has increased significantly. Such a reason can also lie in the considerable increase in asylum applications from people from this third country. Another reason is the worsening readmission of people who have to be accepted by the third country.

Reporting obligations and final provisions

The Commission reports to the European Parliament on measures under Articles 7 and 8 (Article 9). Article 10 establishes that the Commission is responsible for the adoption of legal acts in accordance with Articles 7 and 8. For this purpose, the Commission is assisted by a committee (Article 11). Article 12 provides for information on measures taken by a Member State under Article 6 to be communicated to the other Member States. Article 13 makes it clear that it is still the responsibility of each Member State to recognize states and their travel documents. Articles 14 and 15 determine the entry into force of the regulation and the expiry of the previous regulation.

Web links

Individual evidence

  1. ↑ First published in OJ. L 303 of November 28, 2018, p. 39.
  2. ↑ See recital 1 of the regulation.
  3. ↑ Update of the list of border crossing points in accordance with Article 2 (8) of Regulation (EC) No. 562/2006 of the European Parliament and of the Council of March 15, 2006 on a Community code for people crossing borders (Schengen Borders Code) , accessed on 20 March 2006 October 2012 . Explanation of the word for "LFT".
  4. ↑ Regulation (EU) 2016/399 , accessed April 30, 2016 .
  5. ↑ a b c d e Official note: The visa exemption only applies to holders of biometric passports.
  6. ↑ Official note: The visa waiver applies only to holders of biometric passports issued by Georgia in accordance with the standards of the International Civil Aviation Organization (ICAO).
  7. ↑ Official note: The visa waiver only applies to holders of biometric passports issued in accordance with the standards of the International Civil Aviation Organization (ICAO) of Moldova.
  8. ↑ The ordinance also says: Former Yugoslav Republic of Macedonia .
  9. ↑ Official note: The visa waiver applies only to holders of biometric passports issued by Ukraine in accordance with the standards of the International Civil Aviation Organization (ICAO) of Moldova.
  10. ↑ Official note: The visa waiver applies only to holders of the Hong Kong Special Administrative Region passport.
  11. ↑ Official note: The visa exemption applies only to holders of the “Região Administrativa Especial de Macau” passport.
  12. ↑ Visa waiver applies only to holders of passports issued by Taiwan that contain an identity card number.
  13. ↑ See Westphal / Stoppa, InfAuslR 2001, 309 (311).
  14. ↑ Whether the right of residence expires with taking up gainful employment is disputed in Germany: Affirmative VG Munich, judgment of July 27, 2010 - M 10 K 09.3655 - juris; affirmative, but with the proviso that with the termination of employment the right of residence is revived: VG Darmstadt, decision of. June 5, 2008 - 5 L 277 / 08.DA -, InfAuslR 2008, 340-344; Overall left open by VG Düsseldorf, decision of June 4, 2012 - 22 L 613/12 - juris, all cases decided on the basis of Article 21 of the CISA.