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Questions about work visa TCNs traveling within the EU/Schengen Zone

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secret.simon
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Questions about work visa TCNs traveling within the EU/Schengen Zone

Post by secret.simon » Wed Jun 19, 2024 5:56 pm

This is a question on behalf of somebody else, who asked me the question, but to which I don't know the answer (I'm the go-to person in my group for immigration issues, even for non-UK immigration, of which I know next to nothing).

The person is the citizen of an Asian country, who is likely to get a work visa to an EU/Schengen/Nordic country. The company will sponsor him, his wife and child to that country. His questions are

(a) How many days in the year can he and his family travel within the Schengen Zone outside the country for which he has got the work visa?
(b) How many days in the year can he and his family travel outside the Schengen Zone but within the EU (think Cyprus and Ireland) outside the country for which he has got the work visa?
(c) If they were to travel within the Schengen zone, as TCNs (third country nationals) with a work visa, would their passports need to be stamped when traveling within the Schengen Zone? If yes, how do they go about getting their passports stamped?
(d) Can he be seconded to carry out work anywhere within the EU, or only within the Schengen Zone or is he restricted to working only within the country whose work visa he has got? His employer has branches across Europe, the US and Canada.
(e) Would he need to carry identification if he is driving or using the ferries (i.e. using surface transport, not air transport) within the Nordic Passport Union?
(f) Can his wife and child live in another EU/Schengen country (essentially, like a frontier worker family)?
(g) What rights can he exercise as a long-term resident of an EU country, without becoming a citizen? Can he sponsor his parents and parents-in-law to either that EU country or to another EU country?
(h) Would any of the above answers change, and if so how, if he were to apply for an EU Blue Card (which he is eligible for) instead of a work visa?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Vadrar
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Joined: Mon Jun 05, 2023 1:06 pm
Ireland

Re: Questions about work visa TCNs traveling within the EU/Schengen Zone

Post by Vadrar » Sat Jun 22, 2024 7:52 pm

TL:DR: In general terms a work visa (nor even a Blue Card with some exceptions listed below) offer the kinds of freedom or movement or labour he's asking about. Blue Card offers some additional rights to change employer/residency in later years, but they need to be applied for - they don't allow for unrestricted residency or employment changes and make no difference to Schengen allowances. So it's basically a work visa for country of issue and then what his passport allows as a TCN in other countries or some small upgrades via Blue Card. Things change with long term residency (but according to national immigration; not EU rules) and again with naturalisation of course.

A work visa confers no rights or freedom of movement, labour etc outside the country of issue. His rights in the Schengen countries other than work visa country are not affected (not improved, not decreased) by having a work visa. If he is eligible for a Schengen Visa Waiver via his passport he can spend up to 90 days in 180 there, days in the country issuing the work visa not included. He can't work in other countries other than things like taking meetings or media visits (see answer 9 and 14 in link) https://www.eeas.europa.eu/sites/defaul ... aqs_en.pdf

There's no systematic stamping when travelling within the Schengen zone (note, there is not zero stamping or border checks, as some people claim, but very little. https://home-affairs.ec.europa.eu/polic ... control_en)

It is recommended to carry ID when travelling in Schengen, even for EU citizens; you can be asked for it at any border or in an emergency in country. (For EU citizens: https://europa.eu/youreurope/citizens/t ... dex_en.htm For non-EU citizens including family members of EU-citizens: https://europa.eu/youreurope/citizens/t ... dex_en.htm and https://european-union.europa.eu/live-w ... ling-eu_en)

Generally, his rights to sponsor eg parents will mostly depend on the national immigration rules if he is on a work visa; unless he is an EU citizen or a family member of an EU citizen then national immigration rules apply. (EU countries can choose to adopt EU regulations on this, but they have the power to reserve their final decision and they typically tend to.) https://european-union.europa.eu/live-w ... plications.

The EU Blue Card doesn't give any additional Schengen travel rights. It may however allow easier family re-unification (but to country of issue; you can't sponsor parents to a different country). Depending on which country he gets his work visa from, the Blue Card may offer additional flexibility in changing employers within country (after 2 years) or moving between countries (after 18 months and reapplying for new Blue Card). It doesn't allow paid work in other EU countries on a casual basis. Denmark and Ireland don't participate in the Blue Card scheme. https://immigration-portal.ec.europa.eu ... 0work%20in.

To get specific answers he'll need to befriend Google and look up his country of interest:
https://immigration-portal.ec.europa.eu/index_en

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Questions about work visa TCNs traveling within the EU/Schengen Zone

Post by meself2 » Mon Jun 24, 2024 4:32 am

secret.simon wrote:
Wed Jun 19, 2024 5:56 pm
How many days in the year can he and his family travel within the Schengen Zone outside the country for which he has got the work visa?
If it's a Schengen country, its the same rule as usual tourist visa - 90/180. If its non Schengen (ie Ireland), they dont get any gimmicks - I had to apply for a Schengen visa with Irish IRP every time I want to visit mainland Europe.
secret.simon wrote:
Wed Jun 19, 2024 5:56 pm
How many days in the year can he and his family travel outside the Schengen Zone but within the EU (think Cyprus and Ireland) outside the country for which he has got the work visa?
They would have to apply for a visa and depending on the conditions of it, they can travel.

I havent taken into account any legal consequences of not being in a EU country (ie if this person cannot be outside of host country for more than X months) ad I'm not familiar with this.
secret.simon wrote:
Wed Jun 19, 2024 5:56 pm
would their passports need to be stamped when traveling within the Schengen Zone? If yes, how do they go about getting their passports stamped?
No, if their host country is a Schengen zone country. Otherwise, yes, because visa.
secret.simon wrote:
Wed Jun 19, 2024 5:56 pm
Can he be seconded to carry out work anywhere within the EU, or only within the Schengen Zone or is he restricted to working only within the country whose work visa he has got?
Its technically possible, but may not be practical- van der Elst is what comes to mind; he'd have to do some research on that, I'm afraid. But yeah, as stated above, wotk permit for one EU country doesnt give right to work anywhere else.
secret.simon wrote:
Wed Jun 19, 2024 5:56 pm
Can his wife and child live in another EU/Schengen country (essentially, like a frontier worker family)?
Assuming the question is asked on the basis of them getting a visa derived from his work permit, no.
secret.simon wrote:
Wed Jun 19, 2024 5:56 pm

(g) What rights can he exercise as a long-term resident of an EU country, without becoming a citizen? Can he sponsor his parents and parents-in-law to either that EU country or to another EU country?
Unless the right to reside is derived from EU directive based on free movement (EU spouse, for example), it's generally non transferable to other EU countries. If they want to move elsewhere, they have to start journey to permanent residence again (if it exists; Ireland, for example, has a 10 year residence card at most; it is renewable, but from what I've heard, it's not automatic and you can be refused if you don't satisfy conditions for renewal).
He can sponsor his parents in some EU countries as a long term resident (ie Ireland), subject to certain criteria of income/etc.

I don't know anything about Nordic passport union, so that question was skipped' and Vadrar gave an overview for Blue Card (which I am also not familiar with).
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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