Can you enter the Schengen area with a residency visa from another country?

Upvote:2

No, since Ireland, Romania, Croatia, Bulgaria and Cyprus do not fully implement the Schengen acquis and are therefore not considered a Contracting Party.

The Schengen Border Code uses the term Member States, but doesn't define exactly what that means.

Article 2(16)(a) of the Schengen Borders Code defines a residence permit as

all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 (1) and residence cards issued in accordance with Directive 2004/38/EC;

The Practical Handbook for Border Guards, Point 2.8, Page 22 gives samples when a visa is needed or not.

A Slovak citizen resides with his Chinese spouse in Ireland. The Chinese spouse holding a residence card, issued by Ireland under Article 20 of the Directive, travels alone to France. As she travels alone, she needs to apply for a visa to enter France.

Article 19/20 resident cards, that are not issued by Member States [of the Schengen acquis] are not considered residence permits, but only as proof that they are a family member of an EU Citizen and can cross an external border with or to join the EU-Spouse. Travelling alone, they require a visa.

Since family members of EU-Citizens may require a Schengen Visa, when they reside in a non-Schengen EU Member state, to enter the Schengen Area, one can assume that Member States of the Schengen acquis. is meant.


Article 21(1) of the The Schengen acquis - Convention implementing the Schengen Agreement of 14 June 1985...: Aliens who hold valid residence permits issued by one of the Contracting Parties may, on the basis of that permit and a valid travel document, move freely for up to three months within the territories of the other Contracting Parties, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c) and (e) and are not on the national list of alerts of the Contracting Party concerned.


Sources:

More post

Search Posts

Related post