News article by:
Mafalda Cunha Luís, Lawyer - International Atlantic Services
David Simões Fitas, Lawyer - International Atlantic Services

The privilege of unrestricted movement within the Schengen area stands as one of the most significant advantages for holders of European Union (EU) passports or residency. Yet, this right, born in the 1990s with the signing of the Schengen acquis (Treaty) in a village in Luxembourg, is not without its complexities and limitations. Here, we delve into the intricacies of Schengen visa requirements and regulations, essential for seamless travel across this exclusive zone.

• Origins and Evolution of the Schengen Treaty

Formally initiated through the signing of the Schengen Treaty in 1985, this landmark agreement initially involved Belgium, West Germany, France, Luxembourg, and the Netherlands, with Portugal joining shortly after in 1990. However, its full implementation wasn't realized until March 26, 1995. While the Schengen Treaty is now integrated into European Union Regulations, participation remains voluntary for member states. Currently, Bulgaria and Romania, having joined on March 31, 2024, are the latest additions to the Schengen Area, leaving Ireland and Cyprus as the sole EU countries outside its purview. Moreover, several non-EU nations, including Iceland, Liechtenstein, Norway, and Switzerland, are part of the Schengen Area, underscoring its international significance. Interestingly, Monaco, San Marino, and Vatican City, while not formal signatories, maintain open borders within the Schengen Zone.

• Understanding Schengen Visa Regulations

The legal framework governing the Schengen Area is outlined in Regulation (EU) 2018/1806, a comprehensive document addressing various aspects of freedom of movement. While primarily focused on EU nationals and residents, it also facilitates short-term stays for third-country nationals for purposes such as work, study, family reunification, or tourism.

For citizens of third countries, access to the Schengen Area typically involves applying for a Schengen visa in their country of residence. However, certain nationals benefit from visa exemptions, permitting tourist stays of up to 90 days within a 180-day period. Nevertheless, possessing a visa does not guarantee entry; border authorities retain discretion to refuse entry based on documentation and compliance with entry requirements.

• Key Considerations for Schengen Visa Holders and legal residents in European Union

Whether traveling for tourism, business, or other purposes, the duration of stay within the Schengen Area is contingent upon the visa's stipulations. Exceeding the permitted duration or violating entry conditions can lead to legal ramifications. Additionally, individuals must adhere to the 90/180-day rule, applicable to both visa-exempt citizens and legal residents of Schengen countries.

Also, important of notice, is the fact that an expired residence permit does not grant permission for movement within the Schengen Zone. It is incumbent upon individuals to ensure the validity of their documentation throughout their stay to avoid complications.

In conclusion, the Schengen space presents as welcoming and free travel space but that also grants the safety and security for those visiting and living with their boarders. To ensure that all these features, that make these countries so attractive to all third countries nationals, are preserved, all visitors must be aware of all the regulations, visa procedures and permanency limits.