The European Union: Schengen Treaty Visa and Entry Requirements

Signed in 1985 in the village of Schengen, on the borders of Luxembourg, France and Germany, the purpose of the Schengen Agreement was to create an area in which internal controls would be abolished and police and judicial co-operation could be improved. The main goal behind the creation of the Schengen area was to create similar immigration procedures between bordering countries, thus effectively creating a wider external border control between the countries.

Since the implementation of the treaty internal border controls have disappeared and there are relatively no stops and checks between borders. Consequently, travel between member States, whether it is by air, road or train is very similar to inter-state travel in the United States.

To date a total of twenty-six countries have signed the agreement, however only fifteen States have implemented it so far.

The fifteen countries that have implemented the Schengen Treaty are: Austria, Belgium, Denmark, France, Finland, Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain and Sweden. The countries of Andorra, Monaco, San Marino, and Vatican City are part of the Schengen area because of the free movement arrangements they have signed with signatories of the treaty. Because of their free movement arrangements with Denmark Greenland and the Faroe Islands are also part of the Schengen area.

On May 1, 2004 the following countries ascended to the Schengen Treaty: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia. Of the ten eastern European countries who ascended to the Treaty on May 1, 2004, eight of them are set to implement the agreement in October 2007. The implementation date of the Treaty by Cyprus and Malta is not yet determined.

On October 16, 2004, Switzerland ascended to the Schengen Treaty which was ratified by referendum on June 5, 2005. According to the Swiss justice ministry the Schengen Agreement will not enter into force before 2008. Please keep in mind that because of the existing free movement agreement between Liechtenstein and Switzerland, Lichtenstein will enter the Schengen Treaty at the same time as Switzerland.

Under the Schengen Treaty, a foreigner may enter any of the member States for tourist or business purposes for up to ninety days every six months. The ninety day period is cumulative of all stays in member states during the six month period. In other words, if a foreigner spends thirty days in Spain and then travels to Italy for sixty days, then having spent ninety days total in these two Schengen countries s/he must leave all Schengen States for ninety days before s/he is able to return.

Extensions of the ninety day period are not normally granted and would require an unforeseen event such as a medical emergency.

Citizens of the countries listed below will be allowed to enter the Schengen area without the need of a visa, for tourist of business purposes, as long as they have a passport valid for at least three months:

Anyone not included on the list will need a visa to enter the Schengen Area.

If a foreigner requires a visa to enter the Schengen area s/he must file the application at the embassy of consulate of the country that will be the applicant’s main destination. If there is no main destination, then the visa should be applied for at the embassy or consulate of the country of first entry into the Schengen area.

Below please find a list of documents normally required to apply for a Schengen visa, however we urge you to contact the GT Outbound Immigration Group before filing a visa application, as the requirements vary depending on which country is issuing the Schengen visa.

1. Original passport valid for a minimum of three (3) months beyond the applicant’s intended stay;
2. Three (3) passport style photos in color;
3. Proof of valid immigration status if the applicant is not a citizen of the country where he resides;
4. Proof of hotel reservations;
5. Latest credit card statement showing credit of $50.00 US dollars per day of stay or travelers checks;
6. Employment verification letter;
7. Round trip airline ticket or proof of reservation;
8. Proof of health insurance that will cover all expenses caused by a medical evacuation to the home country or emergency medical assistance or urgent hospitalization. This insurance must be valid throughout the Schengen countries; and
9. Payment of applicable fees.

Depending on the applicant’s nationality, visas can be issued in 4-5 days or they may take up to four weeks to process.

In short, the Schengen Treaty has created an outside border between the countries that have signed and adhered to the treaty, and as a result have unified visa policies, thus enabling a foreigner who enters one Schengen country to travel to the other countries without needing a new visa. The important thing to keep in mind is that entries into the area are limited to 90 days every 6 months and the activities are limited to tourism and business.

For more information on visas to the European Union and specific individual entry requirements for business visitors and international transferees please contact the head of GT’s Global Outbound Immigration Group, Dawn Lurie at luried@gtlaw.com.