17-11-2022
Bilateral visa waiver agreements allow some non-EU passport holders to stay in the Schengen Area beyond the 90-day restriction without a visa. But what exactly is a bilateral agreement, and how may visitors profit from a longer visa-free stay in Europe?
Citizens of numerous non-EU countries can stay in the Schengen Area for up to 90 days without a visa, according to the EU’s visa liberalisation policy.
Many travellers are unaware that, according to EU bilateral agreements, they can stay in certain European countries for more than three months visa-free.
This article discusses EU-third-country visa waiver arrangements and how non-EU people might benefit from a prolonged stay in Europe.
WHAT IS A BILATERAL TREATY?
A bilateral agreement is defined as a mutually advantageous arrangement between two parties in which each party pledges to fulfil their responsibilities.
The EU has bilateral treaties with a number of non-European countries. These include areas such as trade and travel. Thanks to these agreements, citizens of many countries outside the EU now enjoy visa exemption when visiting the Union.
While the Schengen Area visa policy applies to the whole region, bilateral visa waiver arrangements are signed between certain third countries and particular EU Member States. The length of stay and other requirements differ based on the visitor’s country, destination, and passport type.
HOW ETIAS AFFECTS EU BILATERAL VISA WAIVER AGREEMENTS
The ETIAS visa waiver for Europe will be implemented in November 2023. Non-EU citizens from visa-free nations will need to apply for ETIAS in order to cross an external Schengen Area border.
Overseas visitors will continue to be granted visa-free entry, but the ETIAS travel authorization will be required for legal entry.
Travelers using ETIAS can stay in the Schengen Area for up to three months. The same permit is valid throughout the bloc, so they can freely move from one country to the next.
Third-country nationals will be able to request an extended stay in a country with a bilateral visa-waiver agreement after the ETIAS validity term expires. Because the ETIAS expires after 90 days, immigrants must stay in the country for an additional 90 days.
As a consequence, once the Schengen Area Entrance/Exit System is operational, the authorities responsible for a bilateral treaty will update the traveller’s record with pertinent entry and exit data.
A bilateral visa waiver agreement between two nations may only be modified by the two parties concerned. In other words, present bilateral treaties between an EU Member State and a third nation can be changed, observed, and/or improved if both parties agree.
HOW TO STAY LONGER THAN 90 DAYS IN EUROPE
Citizens of visa-free non-EU countries are only permitted to stay in the Schengen Area for more than 90 days in a 180-day period under exceptional circumstances or via a bilateral treaty.
If a visitor’s home country currently has an official reciprocal agreement with an EU nation, the individual may seek to stay. This request must be made before the conclusion of the 90-day stay’s last working day.
Most bilateral agreements allow visitors to stay in Europe for an additional three months without requiring a visa.
The non-EU citizen should request permission to stay in the country for an extended period of time. The decision to accept or deny the request rests with the authorities of that Member State.
CAN I VISIT DIFFERENT COUNTRIES UNDER AN EU BILATERAL AGREEMENT?
It should be noted that the applicant must remain in the relevant EU area for the duration of the extension period.
Because the agreement is with a single European country rather than the whole Schengen Area, it is not feasible to travel from country to country after the initial 90-day term.
This condition also requires visitors to exit the Schengen Area through the nation where the extension was sought.
EXAMPLE OF HOW AN EU BILATERAL VISA WAIVER AGREEMENT WORKS
The following is an example of a regular US passport bearer who has been granted permission to reside in Spain under a bilateral agreement:
- Step 1: spend 90 days anywhere in Schengen Area without a visa (by applying for ETIAS from November 2023)
- Step 2: request permission from Spanish authorities to extend the stay
- Step 3: remain in Spain for an additional 90 days without a visa
In this circumstance, the US citizen is not permitted to visit any other EU Member State throughout the extension term. They must fly directly to a third nation upon departure, with no stops in the Schengen Area.
EU COUNTRIES WITH BILATERAL VISA WAIVER AGREEMENTS
In total, 23 Schengen nations have signed bilateral visa waiver treaties with third countries:
- Austria
- Belgium
- Czech Republic
- Denmark
- Finland
- France
- Germany
- Greece
- Hungary
- Iceland
- Italy
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- The Netherlands
- Norway
- Poland
- Portugal
- Slovakia
- Spain
- Sweden
- Switzerland
Austria has the most visa waiver agreements, with bilateral agreements with 27 non-EU countries. Italy now has around 20 agreements in existence.
South Korea is the non-EU country having the most agreements with EU Member States. As one of the EU’s important allies, Japan has a huge number of visa waiver arrangements.
The following are only a few of the existing reciprocal agreements in place between EU governments and non-European states.
EU-AUSTRALIA BILATERAL VISA WAIVER AGREEMENT
Australia has bilateral treaties with twelve countries.
The Australia-Germany bilateral visa waiver agreement may be advantageous to many travellers. This agreement allows Australians with any passport to apply for a three-month stay in Germany, regardless of previous time spent in the Schengen Area.
The total amount of time an Australian citizen may remain in Europe under the EU visa liberalisation policy and this specific visa waiver agreement is 6 months: 3 months everywhere in the Schengen Area followed by 3 months in Germany exclusively.
Other EU countries that have signed bilateral visa waiver agreements with Australia include:
- Austria
- Belgium
- Denmark
- Finland
- France
- Germany
- Iceland
- Italy
- Luxembourg
- The Netherlands
- Norway
- Spain
- Sweden
NEW ZEALAND BILATERAL VISA WAIVER AGREEMENTS WITH EU COUNTRIES
New Zealand has bilateral treaties with the following Schengen countries:
- Austria
- Belgium
- Czech Republic
- Denmark
- Finland
- France
- Germany
- Greece
- Iceland
- Italy
- Liechtenstein
- Luxembourg
- The Netherlands
- Norway
- Portugal
- Spain
- Sweden
- Switzerland
With the exception of Belgium (2 months), all bilateral agreements between New Zealand and the EU allow for stays of up to 90 days. All sorts of passports are usually accepted.
EU AND CANADA BILATERAL AGREEMENTS
Canada, like Japan, is a strategic partner of the European Union. Canada and Schengen nations have 14 visa exemption agreements ranging from 60 to 90 days.
These are the nations that have signed these agreements:
- Austria
- Belgium
- Denmark
- France
- Germany
- Greece
- Hungary
- Iceland
- Italy
- The Netherlands
- Norway
- Portugal
- Spain
- Sweden
Only ordinary passports are accepted in Greece, Spain, France, Hungary, Portugal, and Sweden. In all other cases, holders of any passport type can benefit from Canadian bilateral visa waiver agreements.
BILATERAL VISA WAIVER AGREEMENT PASSPORT REQUIREMENTS
While several EU nations provide visa waivers to all passport holders, some only allow certain types of passports.
A non-EU citizen may have the following sorts of passports:
- Ordinary passport: available to ordinary citizens for standard travel such as tourism, study, and business trips. This is the most common type of passport
- Diplomatic passport: issued to government officials such as diplomats and their families
- Service/official passport: for people who work abroad for the state
- Emergency passport (* ): also known as an emergency travel document, it is commonly issued when the official passport is lost, destroyed, has been robbed or temporarily unavailable
- Seaman’s book (* ): official identity document issued to seafarers and that acts as a record of all movements performed at sea
(*) Only approved under the visa waiver agreement between Brazil and Poland.
Again, each bilateral agreement between nations has established its own limitations and restrictions governing the sort of passport permitted in each circumstance.