4

I have a Type D long stay visa issued by Germany. On the visa itself, the Valid For label states Deutschland. Can I enter the EU through Spain on this visa?

Edit: This is not a question about entering other Schengen states after I reach Germany. It is about the port of entry into the EU.

Newtt
  • 143
  • 5
  • 1
    @Traveller Is this the same? I want to know if I can enter the EU through Spain? – Newtt Oct 17 '19 at 22:16
  • 1
    @Newtt if you can visit those countries then you can enter the Schengen area through those countries' ports. – phoog Oct 18 '19 at 01:17

1 Answers1

2

Yes, transit purposes you can

  • for a week holiday in Spain beforhand would probably not be considered transit

but changing a plane in Spain to Germany would pose no problem with a D-Visa.

Border Code Article 6

  • Entry conditions for third-country nationals
    1. By way of derogation from paragraph 1:
      (a) third-country nationals who do not fulfil all the conditions laid down in paragraph 1 but who hold a residence permit or a longstay visa shall be authorised to enter the territory of the other Member States for transit purposes so that they may reach the territory of the Member State which issued the residence permit or the long-stay 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;
Mark Johnson
  • 27,184
  • 3
  • 47
  • 109
  • Hi Mark! Thank you for the reply! It seems I have been given an incorrect visa. I'm married to a spanish citizen but scheduled to work in Germany. I will be contacting the embassy. – Newtt Oct 17 '19 at 23:57
  • @Newtt in fact it is not necessary for your trip to Spain to be solely for purposes of transit if you meet the usual visitor criteria. The quoted material applies only to those "who do not fulfil all the conditions laid down in paragraph 1." So a week's holiday on Spain would be perfectly fine. Will you be in Germany with your spouse? If not, you have the correct visa, because free movement law applies only when you are with your spouse. – phoog Oct 18 '19 at 01:16
  • @phoog No, my spouse will remain in Spain. So I can safely enter through Spain whenever I choose to fly correct? Sorry for making you reiterate this but I do want to make sure before purchasing flights. Thank you! – Newtt Oct 18 '19 at 02:34
  • 1
    @Newtt does your spouse live in Spain, or will you arrive together and your spouse remain in Spain while you go on to Germany? To reiterate: with a German D visa you can enter the Schengen area at any port. In addition to that, when traveling to Spain with your Spanish spouse, or to join your Spanish spouse there, you ought to be able to enter Spain with free movement rights, because Spain has chosen to extend those rights to you even though the EU directive does not require it. – phoog Oct 18 '19 at 02:52
  • @phoog brilliant. My spouse will be in Spain at the time k reach. Thank you for the confirmation! :) – Newtt Oct 18 '19 at 10:16