Can someone clarify what does Schengen residence permit imply?
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In a Schengen context, residence permits are defined in article 2 of the Schengen Borders Code.
‘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;
Upvote:-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,
USAand Germany. The invitation has to be an original document.
- to visit, with the exception of business, without employment
- 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
- to stay upto a period of 12 months or to take up residence
- 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
- for 3rd country nationals
- to reside for a period longer than 12 months
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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