Freedom of movement with a long-stay visa

1) OBJECTIVE

To facilitate free movement within the Union for third country nationals holding long-stay visas.

2) COMMUNITY MEASURE

Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa.

3) CONTENTS

1. A long-stay visa (issued to a third country national for a period of more than three months) formerly enabled the holder to transit only once through the territories of the other Member States in order to reach the territory of the State which issued the visa. A long-stay visa permitted the holder to apply for a residence permit with a view to becoming established in the territory of the State which issued the visa.

2. This regulation aims to facilitate the free movement of holders of long-stay visas by making these concurrently valid as uniform short-stay visas, provided that the entry and residence conditions enshrined in the Convention implementing the Schengen Agreement are met. In a way, this anticipates the right of free movement conferred by the residence permit, although the physical production of this document may occasionally lead to a delay in issuing it.

3. Holders of long-stay visas can thus move freely around the countries participating in the development of the Schengen acquis for a period of three months from the initial date of validity of the long-term visa.

4. The Schengen Agreement and the Common Consular Instructions have been amended as a result.

5. Pursuant to the protocols on the position of Denmark, the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community:

• the United Kingdom and Ireland will not participate in the adoption of this regulation;
• Denmark will not participate for the time being in the adoption of the regulation, but will have six months to decide whether to transpose it into national law.

Last updated: 08.09.2005