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Schengen brings new travel woes

D visa holders face new obstacles after 'border drop'

By Ondřej Bouda
Staff Writer, The Prague Post
March 19th, 2008 issue

Changes for D visa holders



The problem You have exactly 90 days from arriving in the ČR in which to obtain your D visa, even if you've left the country in that time. The D visa is not a Schengen visa and you can only transit through (not stay in) the Schengen zone.
The short-term solution If you've lived in the ČR on a D visa for more than three months, you must apply for a country-specific visa to travel to other Schengen countries, e.g., apply for a visa at the French Embassy in Prague to travel to France.
The long-term solution Long-term residency (dlouhodobý pobyt) allows you to travel throughout the Schengen zone. You have four months before your D visa expires to apply. A Schengen-wide long-term visa can only be obtained outside the Schengen zone.

Source: U.S. Embassy
(Prague.usembassy.gov)
Citizens of non-EU countries living in the Czech Republic continue to face difficulties resulting from the country’s accession to the border-free Schengen zone. And, as new complications surface, some are deciding to leave the country altogether.
There have been multiple attempts to smooth the visa transition for affected expats, most of whom are Americans. Most recently, the U.S. Embassy, which hosted two informational programs on the issue, worked with the government to establish a grace period through June 30 for Americans who have pending D visa applications so they could stay in the Czech Republic legally while their applications are being processed. The grace period, which was established by the Interior Ministry last week, is for people who applied for a long-term visa within three months of the Dec. 21 entry to the Schengen zone.
But, in the wake of that comforting development, a new wrinkle has surfaced. Expats are now learning that long-term D visas, for which many have applied, do not allow them to travel to other Schengen countries after their visa-free three-month limit expires. In order to do so, they have to apply for a visa to the destination country, according to the Interior Ministry.
“The D visa is not a Schengen visa,” points out Mario Mesquita, deputy consul general at the U.S. Embassy. He added, by way of example, that if an American D visa holder who has been in the Czech Republic more than three months wants to travel to Paris, they now have to go to the French Embassy in Prague to apply for a French visa. He pointed out, however, that neither the U.S. Embassy nor the Interior Ministry can speak for the way the embassy of each destination country will respond to such requests.
“The U.S. Embassy is working with Schengen-state embassies in Prague to find a solution for D visa holders to obtain Schengen or territorial visas for other EU states, and hopes to have news in the next couple of weeks,” he said.
Other countries such as Hungary, Slovenia, Estonia and Slovakia, that entered the Schengen zone with the Czech Republic, solved this problem by starting to issue long-term residence permits, according to Jana Tlustá, director of the Eurofon hot line run by the government. The Czech Republic, however, is not considering any such shortcuts to its standing procedures regarding long-term residence permits.
“For those Americans who want to reside in the Czech Republic and have freedom of movement throughout Schengen, the goal should be long-term residency, for which a D visa is a prerequisite, according to Czech officials,” Mesquita said. “Another possibility is that the Czech Republic would change its laws.”
However, Šárka Machotková from the Interior Ministry’s department for asylum and immigration says such changes could be difficult. “We found out about this problem only after joining the Schengen zone,” she said. “We will probably have to amend the immigration law; however, that will take a long time. An expert group comprising people from the Interior and Foreign Affairs ministries and the Foreigners’ Police has not even met yet to discuss solutions. All I can say is that we know about the problem and will try to solve it as quickly as possible.”
A number of expats are taking this most recent complication fairly hard, and many gathered to discuss options at a Prague bar late last week.
“I only just realized that I would not be able to travel,” said Lindsay, an American teacher living in Prague who has attended the embassy’s information sessions. “These changes are going to make my life miserable. I wanted to travel and now it’s going to be too complicated.”
Mesquita says the U.S. Embassy is sensitive to such concerns.
“We understand the frustration of the community and are doing our best to keep up with the questions we are receiving,” he said. The U.S. Embassy is increasing the amount of Schengen-related information on its Web site and providing Americans with links to the best information from the Czech government, because that is the body they will ultimately deal with to regularize their status. “Some questions, however, need to be addressed to Czech authorities as they regard very specific personal situations,” Mesquita said, adding that the embassy refers any such questions to Czech officials because “they are the final authority.”
Meanwhile, some Americans are deciding that all the added trouble is not worth it. Another teacher, Ben, is among those who have decided to leave the Czech Republic because of all the Schengen changes. “I came to Europe with the intention of traveling, but it’s a myth. The whole system seems set up just to stop me from doing that,” he said. “I decided to go further east and travel through Ukraine and other countries … It just seems that leaving while I can is the most cautious thing to do.”

Ondřej Bouda can be reached at news@praguepost.com


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Reader's comments:

add your comment
[21:14 20/03/2008] : I can't believe what a confusing mess this is turning out to be. According to the U.S. Embassy and Ministry of the Interior, I apparently now need a special travel visa to visit any of the other Schengen countries.

Mind you, what makes me sense is that I can travel to Germany, Austria, etc. without having my passport checked. I traveled to Austria last month, my passport wasn't checked by any officlals, and apparently I was breaking the law. Where's the logic in any of this??
Brian Reklaitis
Prague, Czech Republic
[10:12 21/03/2008] : There is not logic; it's Europe.
Richard Elliot
Charlotte
[10:37 21/03/2008] : Oh! Poor Americans. They will have to go to apply for a visa. The horror!
If you are working here, legally, you should have a valid long-term residence visa to do so. Back in the days of passport control at the borders, that didn't seem to be a problem when wanting to travel to any of the bordering countries. So, why should it be now?
However, if you are working here without having a proper permit, well, it's your problem....
These regulations make a lot of sense given the risk of illegal immigration from Ukraine, for example. Just like Ukraine, India, Ecuador and Nigeria, the United States is not part of the European Union.
Pivero
Prague
[16:41 21/03/2008] : That's the point exactly: when I started working in Prague, I did everything I was told I was supposed to, which included applying for a Type D visa.

Then, suddenly, I'm told that the visa isn't recognized by the rest of the European Union and that additional documentation is necessary to travel to any of the other Schengen states.

I just think that the process can be a lot more streamlined...especially since I'm not planning to work or reside in any of the other Schengen countries, only visit for long weekends and holidays.
Brian Reklaitis
Prague, Czech Republic
[10:36 23/03/2008] : The point is that the legal path involves one year on a D visa before you can get residency.
During this time on a D visa, you can only go visa-free to Germany, France, etc. for the first three months.
Then, for nine months, you can't go to Germany... and can't get a visa for Germany either as (a) they are not issued in Prague and (b) you don't qualify in any case because you have already spent three months in the Czech Republic.
So it is now impossible to travel around the Schengen zone for either tourism or business. Hungary, Poland and others solved this by eliminating the D visa... I believe many Americans, Canadians and Australians will solve this by leaving the Czech Republic for good and finding work in other countries.
Trygve Inda
Prague 2
[12:55 24/03/2008] : To Pivero:
It's not poor Americans -- a visa is just fine.
However, the European Union wants to pretend to be a country and hence the Schengen Zone exists. The European Union wants other non-EU states to treat all member states of the European Union to be treated the same. No state outside of the European Union is required to do so - unless, of course, none of the member states will negotiate directly with a non EU member. Are you able to keep up?

Hence, the European Union has insisted upon the Schengen Zone, but apparently does not recognize visas issued by its individual member states.
That is NO LOGIC. Brussels needs to make up its mind.

In comparison - the United States and Germany are true Republics.
It would be like getting a visa to New York state or Lower Saxony and not being able to travel to New Jersey or Bavaria.
That is the problem, apparently. The European Union is a republic only its mind and does not recognize that it is really just a glorified trade union and hence no logic as to many of its rules.
One of two things will occur in the next 20 years -- the trade union will fall apart, due to the inclusion of the former Soviet bloc countries, or it will solidify and be hated by the rest of the world as the rest of the world hates the United States.
But in the latter case, the European Union will have to choose between creating a EU national defense system or feeding its poor.
As the former Soviet Union proved, a socialist or communist nation cannot do both well.
Richard Ellio
Charlotte
[00:17 26/03/2008] : >>Hence, the European Union has insisted upon the Schengen Zone, but apparently does not recognize visas issued by its individual member states.

The European Union has done nothing wrong. The problem is that the Czech government has been issuing the wrong visas.
Margot Winston
Prague
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