3

Does it include, for example, visa type C based on a work permit (and with it, of course, residence)? I ask this question as a follow-up to my previous one, about going to an EU country on a short-term visa after having gone to work to another without waiting 90 days. I've ascertained that type D visa is fine, now I'd like to be clear on the term 'residence permit'.

5
  • A work permit does not imply a right to long-term residence.
    – Relaxed
    Dec 5 '20 at 22:32
  • I may be wrong on this, but I don't think type C visa is issued based on work permits. Even if it's short term work, the Schengen country in question usually issues a national visa of type D.
    – xngtng
    Dec 6 '20 at 0:21
  • The 90/180 rule does not always mean you have to wait 90 days. It means that you cannot exceed 90 days, total, within 180 days, unless some of those days don't count because of a long-stay visa.
    – o.m.
    Dec 6 '20 at 7:37
  • @zhantongz Some countries might handle it that way but it's not the way the Schengen system was intended to work. Many people are confused (included a prolific poster on this site) but “D-visas” are actually called “national long-stay visas” throughout the Schengen regulations, the distinction is based on length of stay and nothing else. It's probably rare but for short-term work it's perfectly fine and expected to issue a uniform short-stay visa (“type C”).
    – Relaxed
    Dec 6 '20 at 12:02
  • Direct evidence for that can be found in the various editions of the Commission's Handbook for the processing of visa applications and the modification of issued visas. For example, point (1)(h) p. 47 or the remark about artists p. 81 of ec.europa.eu/home-affairs/sites/homeaffairs/files/…
    – Relaxed
    Dec 6 '20 at 12:05
4

In a Schengen context, residence permits are defined in article 2 of the Schengen Borders Code.

  1. ‘residence permit’ means:

    (a) all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 ( 3 ) and residence cards issued in accordance with Directive 2004/38/EC;

    (b) all other documents issued by a Member State to third-country nationals authorising a stay on its territory that have been the subject of a notification and subsequent publication in accordance with Article 39, with the exception of:

    (i) temporary permits issued pending examination of a first application for a residence permit as referred to in point (a) or an application for asylum; and

    (ii) visas issued by the Member States in the uniform format laid down by Council Regulation (EC) No 1683/95 ( 4 );

This definition doesn't cover Schengen short-stay visa (“type C”) as confirmed by point (a)(ii). Incidentally, a work permit does not necessarily imply a right to long-term residence.

Finally, a long-stay visa (“type D”) also exempts the holder from the Schengen visa requirement upon entry but it is not a residence permit. Article 6 of the same regulation makes a distinction between the two:

For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

[…]

(b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 ( 5 ), except where they hold a valid residence permit or a valid long-stay visa;

3
  • I don't know if it justifies a whole other question, so I'll just ask here. Does changing countries between visas C make any difference? My specific situation is that I want to go to Czech Republic on work permit (have done it before, with visa C, 90 days) and after a while go to Germany to work there as a student. I assume this german program/law means visa type C as well. And there isn't likely going to be enough time for me to fit into the 90/180 rule.
    – Teddy
    Dec 6 '20 at 13:52
  • 1
    @Teddy No, the 90/180 limit applies regardless. It doesn't matter if you have one or several visa, for the same or for other purposes. It also applies to be people who do not require visas or, in principle, to people with several passports. If you need to stay longer than 90 days in the Schengen area, you need to do so under some national rule (mostly that means a long-stay visa or residence permit but there are also bilateral agreements that have some funky effects).
    – Relaxed
    Dec 6 '20 at 14:54
  • If the German programme is less than 90 days, you might indeed have some trouble getting the German authorities to issue the correct visa but that still wouldn't exempt you from the rules. If you could secure a residence permit or long-stay visa in either country (say that you need to work or study for a little more than 90 days), that would solve your problem.
    – Relaxed
    Dec 6 '20 at 14:56
-2

A residence permit is generally issued for stays that are longer than 1 year and are generally renewable. The conditions are based on the purpose of the stay.


Terminology:

  • C-Visa ('short stay visa', 'Schengen Visa')
    • to visit, with the exception of business, without employment
      • Tourism, Visiting family or friends, Cultural, Sports, Official visit, Medical reasons, Study, Transit, Airport transit
      • Business Visa: (conditions may differ from country to country)
        • on behalf of your employer, e.g. consulting, training, meeting, audit
        • A recent and signed business letter from your U.S. employer. This needs to confirm how long you have been employed, the kind of business relations with the German company, travel purpose, duration of business trip(s) and if applicable a guarantee to cover all travel expenses.
        • A recent and signed formal invitation from your German business partner, stating the kind of business relations, travel purpose, duration of business trip(s) and if applicable, a confirmation to cover travel expenses and costs of stay. In case you should be invited for several trips over a longer period of time, the invitation letter has to explicitly state this. Should you go on a business trip within the same company, we STILL request a separate letter from each office, USA and Germany. The invitation has to be an original document.
  • D-Visa ('long-stay visa', 'National Visa')
    • to stay upto a period of 12 months or to take up residence
      • Employment, Study, Au Pair, Language course, Family reunion
      • [yes/no] I intend to stay no longer than twelve months in the Federal territory and apply for a visa that covers the whole duration of my stay
  • Residence Permit
    • to reside for a period longer than 12 months
      • for 3rd country nationals
        • that are not a family member of an EU Citizen
      • depending on the stated purpose, Employment may be possible

Alternative purpose samples:

C-Visa
You are visiting someone elses home

  • for a meal, party or any other short term purpose
  • or to work togeater on a common project (business)
  • generally without an overnight accommodation

D-Visa
You are staying at someone elses home

  • under conditions agreed between you and your host
  • generally for a specific period
  • accommodation is being offered within the household

Residence Permit
You are subletting a room at someone elses home

  • a contract exists between you and your host
  • generally for a renewable period
  • accommodation is often separated from the general household

Sources:

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  • 1
    In fact, “business” is one of several categories on the standard visa application form and there are many examples in the Schengen visa code (annex II) so it doesn't make sense to write “except business” or to look at it as a separate type of visa. Business activities are also perfectly fine when entering under a multiple-entry visa that wasn't issued specifically for that.
    – Relaxed
    Dec 6 '20 at 11:58
  • 1
    Regarding the broader question of the existence of a “business visa”, the controlling norm is the Schengen visa code. The notion is nowhere to be found in there. Rather, “business” is but one of several valid purposes for a trip and the code only envisions two types of visas: regular Schengen visas and airport transit visa. This is also evident on the form in annex I or the non-exhaustive list of supporting documents in annex II. You cannot read that impressionistically and invent a distinction between a business and a non-business visa, that's not how the law works.
    – Relaxed
    Dec 6 '20 at 14:36
  • 1
    Another interesting thing is the Commission's advice on the visa sticker (chapter 10.1, p. 88 of the Handbook): “National entries in the ‘comments’ section of the visa sticker may be added, see Annex 22. The national comments must not duplicate the mandatory entries. The fact that the purpose for which the visa was applied for is indicated on the visa sticker does not prevent the holder from using a valid multiple entry visa to travel for other purposes. ”
    – Relaxed
    Dec 6 '20 at 14:39
  • 1
    In other words: the purpose is merely national “comment”, not a type of visa defined by EU law and a Schengen visa is valid for any purpose.
    – Relaxed
    Dec 6 '20 at 14:40
  • 1
    No, this would be, as I have explained many times, a work permit, nothing else. If they had a D-visa, they wouldn't need a C-visa. This is, in fact, the clearest evidence that there is something wrong with your reasoning. The idea is that they need a permit “or similar document” which is neither a visa nor a residence permit and that they apply for a Schengen visa with this.
    – Relaxed
    Dec 6 '20 at 14:41

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