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Visa requirements for non-EU nationals

SUMMARY OF:

Regulation (EU) 2018/1806 – list of non-EU countries whose nationals must be in possession of visas when entering the EU and those whose nationals are exempt from that requirement

WHAT IS THE AIM OF THIS REGULATION?

  • It lists the non-EU countries whose nationals must possess a visa for the crossing of European Union (EU) Member States’ external borders and those whose nationals are exempt from that requirement.
  • It repeals and codifies the much-amended Regulation (EC) No 539/2001.

KEY POINTS

The regulation is a development of the Schengen Agreement and Convention in which Ireland does not take part, and Ireland is therefore not bound by it or subject to its application.

The regulation lists, in its annex:

  • the non-EU countries and territories whose nationals must hold a visa when entering the EU for stays of up to 90 days in any 180-day period; and
  • those countries and territories whose nationals are exempt from the visa requirements when entering the EU for stays of up to 90 days in any 180-day period.

The regulation also allows for the following.

  • Exceptions. The possibility for Member States to grant exceptions to the visa requirement for certain categories of persons, such as holders of diplomatic or service passports, civilian air and sea crews, school pupils in groups, holders of local traffic permits, and exemptions for recognised refugees and stateless persons who live in the EU and hold a travel document issued by their country of residence.
  • Reciprocity. A mechanism allowing reciprocity if any visa-exempt non-EU country decides to impose a visa requirement on any Member State.
  • Temporary suspension. A mechanism for the temporary suspension of visa exemptions in an emergency situation such as a substantial increase of migratory or security risk.

Decisions to amend the lists are on a case-by-case basis considering criteria including:

  • illegal immigration, public policy and security;
  • economic benefit, in particular in terms of tourism and foreign trade;
  • the EU’s external relations with the relevant non-EU country, in particular relating to human rights and fundamental freedoms, regional coherence and reciprocity.

Regulation (EU) 2019/592 amends Regulation (EU) 2018/1806, explicitly including the nationals of the United Kingdom and the British nationals who are not British citizens (British overseas territories citizens) in the scope of the regulation, after the withdrawal of the United Kingdom from the EU.

UK nationals and British overseas territories citizens with residence rights in a Member State do not need a visa when travelling to any other Member State for short stays – up to 90 days in any 180-day period.

Where the United Kingdom introduces a visa requirement for nationals of at least one Member State, the reciprocity mechanism applies.

FROM WHEN DOES THIS REGULATION APPLY?

It has applied since .

BACKGROUND

For further information, see:

MAIN DOCUMENT

Regulation (EU) 2018/1806 of the European Parliament and of the Council of listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (codification) (OJ L 303, , pp. 39–58).

Successive amendments to Regulation (EU) 2018/1806 have been incorporated into the original document. This consolidated version is of documentary value only.

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