Can I go back to my native country and come back again with a residence permit and a single entry visa?
- By
- Aparna Patel
- |
- 8 Aug, 2023
- |
You have a residence permit, so you do not need a visa.
(As noted by Relaxed, your single-entry visa is no longer valid because it’s valid for a single entry only, and you’ve already used that single entry.)
From the Schengen Borders Code (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02006R0562-20131126):
Article 5
- 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:
(a) […]
(b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 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, except where they hold a valid residence permit or a valid long-stay visa;
(Emphasis added)
The last clause, in italics above, means that you do not need a visa as long as your residence permit remains valid.
(Paragraph (a), omitted, concerns the requirements for a passport or similar travel document.)
Similarly,
Article 7
[…]
- On entry and exit, third-country nationals shall be subject to thorough checks.
(a) thorough checks on entry shall comprise verification of the conditions governing entry laid down in Article 5(1) and, where applicable, of documents authorising residence and the pursuit of a professional activity. This shall include a detailed examination covering the following aspects:
(i) verification that the third-country national is in possession of a document which is valid for crossing the border and which has not expired, and that the document is accompanied, where applicable, by the requisite visa or residence permit;
(Emphasis added)
Note the word "or" in the last clause, supporting the conclusion that a residence permit by itself authorizes a third-country national to enter the Schengen area, without the need to hold a visa.
(Section 1, omitted, concerns entry and exit checks generally; section 2 concerns the "minimum check" performed on those enjoying the right of free movement.)
The literal answer to your question is “no”. You cannot come back with the same visa, that’s basically what “single entry” means. If you used it to enter the Schengen area, once you leave it isn’t valid anymore, period.
But you should in fact be able to enter with a regular residence permit, as long as it’s still valid. You could even get a new passport (i.e. without the old visa) and that would still be true. You don’t need a visa for that.
Credit:stackoverflow.com‘