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RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHPG #0230/01 1001511
ZNR UUUUU ZZH
R 091511Z APR 08
FM AMEMBASSY PRAGUE
TO RUEHC/SECSTATE WASHDC 0236
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

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