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 18 December 2018.

BACKGROUND

For further information, see:

• Visa policy (European Commission).

MAIN DOCUMENT

Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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, 28.11.2018, 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.

RELATED DOCUMENTS

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ C 384 I, 12.11.2019, p. 1–177).

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, pp. 19–20).

Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 160, 18.6.2011, pp. 21–36).

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, pp. 1–58).

See consolidated version.

Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, pp. 1–2).

Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, pp. 20–23).

Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, pp. 43–47).

See consolidated version.

Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, pp. 31–33).

last update 15.02.2023