Czech Schengen Accession Limits Amcit Travel

UNCLAS SECTION 01 OF 02 PRAGUE 000230 SIPDIS SIPDIS E.O. 12958: N/A TAGS: CVIS PREL CMGT CASC EZ SUBJECT: Czech Schengen Accession Limits Amcit Travel REF: 2007 Prague 00001320 ¶1. SUMMARY: The Czech Republic's December 21, 2007 entrance into the Schengen zone has drastically limited European travel for Americans with long-term Czech visas. Living legally in the country but without true residency, these "D" visa holders use up their allowed 90 days in the Schengen zone living in the Czech Republic and thereafter are unable to travel visa-free to other Schengen-member states. The Embassy is working with the Ministry of Interior to address this unintended impact on the legitimate tourist and business travel of Americans lawfully residing in the Czech Republic. End summary. SCHENGEN EXPOSES 'TRAP' IN CZECH LAW -------------- ¶2. Schengen regulations allow Americans to stay visa-free within its borders for up to 90 days out of 180 days and facilitate the short-term travel of tourists (REFTEL). Longer or non-tourist stays require a long-term visa or residency in a member country. Unlike other Schengen states, the Czech Republic does not grant immediate long-term residency (and therefore defacto EU residency) to Americans who want to work and live in the country for more than 90 days. One first must apply for a long-term Czech territorial visa ("D" visa),which is usually valid for one year. When a D visa is close to expiration, one can then apply for long-term Czech residency, which would allow full travel throughout the Schengen zone. ¶3. This interim, D visa step -- described as an unfortunate "trap" in the law by one Ministry of Interior official -- is a territorial, non-Schengen visa and does not function in the same way as residency. The bearer may remain legally in the Czech Republic for the term of the visa, but this time counts against his or her 90 days in the Schengen zone. Therefore, after 90 days bearers cannot travel to other member countries visa-free. (Note: Bearers may still transit the Schengen zone enroute to a non-Schengen country, e.g. fly through Frankfurt on the way to the United States. End Note.) This is a particular problem for business people, research scholars, students and others based in Prague, to include Radio Free Europe/Radio Liberty employees, many of whom have D visas. SCHENGEN MEMBERS DON'T AGREE ON HOW TO ADDRESS PROBLEM -------------- -------------- ¶4. In a March 3 American citizen forum organized by the Embassy on the impact of Schengen, a Ministry of Interior (MOI) official heard the complaints and concerns of attendees about their lack of ability to travel. Official advice from the MOI was that, in order to visit a specific country after one's 90 days are up, American D visa holders should apply for a short-term, territorially limited visa at the embassy of that particular Schengen country. Issuance of that visa, however, depends on the individual policies of the member state; in a true Catch-22, all Schengen member missions in Prague except the Netherlands told the Embassy they cannot issue such visas to Americans because Americans are on the Schengen visa-free list (called the "white list"). The Germans said they would have to check with their Foreign Ministry. Thus Americans living legally in Prague essentially still do not have the right to travel in other parts of the Schengen zone for the nine months between their 91st day in the Schengen zone and the receipt of their long-term residency at the expiration of the D visa. ¶5. The Czechs intend to use an EU working group meeting in Brussels on April 14 to ask other Schengen states to be more flexible in issuing short-term travel visas to Americans who have D visas. This is not a long-term solution, and the other Schengen states believe this "trap" in the law is a Czech problem to fix. The Czechs are the outliers on this process; the other states skip the D visa process and issue long-term residency right from the start. The Czechs in Brussels may also propose that the D visa be sanctioned as a Schengen-wide visa, rather than territorially limited to the Czech Republic as it is now, but advise that this is a very slow process. ONE NOTE OF SUCCESS -------------- ¶6. Another related problem became clear before the Mission's Schengen outreach event in March: Many Americans were living in the Czech Republic without any long-term visa (REFTEL). Taking advantage of lax Czech immigration enforcement, an untold number merely entered and exited the country every few months to get a new legal stay. Onset of Schengen meant stricter enforcement of the 90 days out of 180 days limit and no more living for years in the Czech Republic visa-free. Thus, hundreds of Americans scrambling finally to legalize their stay and other new applicants clogged the Czech visa processing system and created huge backlogs. For those already in the Czech Republic, it was unclear whether they would be deported from the country if they stayed longer then 90 days after Schengen accession while awaiting visa processing that could take up to four or five months. PRAGUE 00000230 002 OF 002 ¶7. At the Mission's Schengen forum, the American community won a minor victory when the Ministry of Interior announced a three-month "grace period" on overstays for those foreigners awaiting D visas, which the Embassy had pushed for. Americans caught staying longer than the 90 days authorized by Schengen will not be deported if their visa paperwork was pending before March 21, 2008 - the three-month anniversary of Czech accession to Schengen. COMMENT -------------- ¶8. Czech accession to Schengen revealed true gaps in an overburdened system. While the backlog of D visa issuances is likely to subside soon, the travel limitations for those who hold D visas will not ease without specific action by the Czech government or the European Union. The best, most comprehensive solution would be a change in Czech law that would allow for issuance of a residency permit without first having a D visa or a change in the D visa that would make it a hybrid residency permit allowing for Schengen travel. These solutions, both of which are being studied by the MOI, would take parliamentary approval and thus are likely to take a matter of months, not weeks. The Embassy will continue engaging with the ministry and other officials for resolution as soon as possible. GRABER