1

This question already has an answer here:

I will be working in Hungary from January. The process for work/residence permit and visa application is on and documents are being prepared by the company I will be working with.

Is the Visa same as schengen short term visa ? Will I be able to visit other schengen countries ?

|improve this question

marked as duplicate by CMaster, mts, Giorgio, chx, blackbird Oct 7 '16 at 12:26

This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.

  • 1
    Is your visa a "D" type visa? – CMaster Oct 7 '16 at 9:34
  • 1
    Although the OP should specify the type of visa in his question, it is mentioned in the title that it is a long-stay visa, therefore, it has to be a type "D" visa. – Edmund Dantes Oct 7 '16 at 9:40
6

Yes, you will be free to travel in the Schengen Area using your national "D" type visa.

Legal basis:

Regulation EU No 265/2010 of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa

The Regulation enters into force on 5 April 2010, which means that from that date  All valid long-stay visas will allow for free circulation in the Schengen area for three months in a six month-period. A third-country national holding a long-stay D visa issued by a Member State will be allowed to travel to the other Member States for three months in any half year, under the same conditions as the holder of a residence permit. In accordance with the Regulation, this rule also applies to long-stay visas already issued before 5 April 2010, including still valid D+C visas;

and from the Regulation itself (the Regulation amends Convention Implementing the Schengen Agreement, therefore Article references apply to the Convention):

Article 21:

‘1. Aliens who hold valid residence permits issued by one of the Member States may, on the basis of that permit and a valid travel document, move freely for up to three months in any six-month period within the territories of the other Member States, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c) and (e) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (*) and are not on the national list of alerts of the Member State concerned.

[...]

2a. The right of free movement laid down in paragraph 1 shall also apply to aliens who hold a valid long-stay visa issued by one of the Member States as provided for in Article 18.’.

Article 18:

  1. Visas for stays exceeding three months (long-stay visas) shall be national visas issued by one of the Member States in accordance with its national law or Union law. Such visas shall be issued in the uniform format for visas as set out in Council Regulation (EC) No 1683/95 (*) with the heading specifying the type of visa with the letter “D”. They shall be filled out in accordance with the relevant provisions of Annex VII to 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) (**).

Source:

  1. http://www.sztokholm.msz.gov.pl/resource/22c47820-a6ec-4d81-9601-a7211e2316c4:JCR (information note from Polish Embassy in Stockholm)
  2. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:085:0001:0004:EN:PDF
|improve this answer
  • Doesn't the 90/180 rule apply to "D" visa holders in the rest of the schengen area? – CMaster Oct 7 '16 at 9:48
  • It does, as mentioned in the information note I linked: All valid long-stay visas will allow for free circulation in the Schengen area for three months in a six month-period. . I will add proper sections from the Regulation itself. – Edmund Dantes Oct 7 '16 at 9:51
  • 1
    (+1) The conclusion is essentially correct, but you should use the consolidated version of the Schengen Borders Code rather than the regulations amending it or the convention itself. The current rule (for almost all nationalities) is 90 days in any 180-day period (cf. article 6 of the Borders code) rather than three months in any six-month period anymore. – Relaxed Oct 7 '16 at 10:18
  • @EdmundDantes sorry to ping you here but why did you delete your answer on the Poland/Canadian citizen question? It looked fine for me save for that you would need to correct that one can be asked to present ID by police. Consider un-deleting and editing and feel free to use the links I posted as a comment to the question if you find them useful. Also if you ping me I will +1. – mts Mar 31 '17 at 9:56
  • @mts, I got angry at my answer, after I read it again, and I didn't want to edit it, as it was too long :) – Edmund Dantes Mar 31 '17 at 10:31

Not the answer you're looking for? Browse other questions tagged or ask your own question.