Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa

1 Visas for stays exceeding three months (long-stay visas) shall be national visas issued by one of the Member States in accordance with its national law or Union law. Such visas shall be issued in the uniform format for visas as set out in Council Regulation (EC) No 1683/95 with the heading specifying the type of visa with the letter “D”. They shall be filled out in accordance with the relevant provisions of Annex VII to Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) .

2 Long-stay visas shall have a period of validity of no more than one year. If a Member State allows an alien to stay for more than one year, the long-stay visa shall be replaced before the expiry of its period of validity by a residence permit.

Article 5 of Regulation (EC) No 562/2006 is amended as follows: (1) paragraph 1(b) is replaced by the following: ‘(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. (2) paragraph 4(a) is replaced by the following: ‘(a) third-country nationals who do not fulfil all the conditions laid down in paragraph 1 but who hold a residence permit, a long-stay visa or a re-entry visa issued by one of the Member States or, where required, a residence permit or a long-stay visa and a re-entry visa, shall be authorised to enter the territories of the other Member States for transit purposes so that they may reach the territory of the Member State which issued the residence permit, long-stay visa or re-entry visa, unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit;’.

This Regulation shall not affect the obligation for Member States to issue residence permits to third-country nationals as provided by other Union instruments.

The Commission and the Member States shall inform the third-country nationals concerned fully and accurately of this Regulation.

By 5 April 2012, the Commission shall submit to the European Parliament and the Council a report on the application of this Regulation. If appropriate, that report shall be accompanied by a proposal to amend this Regulation.

This Regulation shall enter into force on 5 April 2010.