by I present tah dah! the condensed summary busting every Schengen myth you ever heard ….
Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas
Article 3 – Nationals of .. countries listed in Annex I shall be required to be in possession of a visa when crossing the external borders of the Member States.
Article 4 – Nationals of .. countries listed in Annex II shall be exempt .. for stays of no more than 90 days in any 180-day period.
The Schengen Acquis – Convention implementing the Schengen Agreement of 14 June 1985 Article 20
1 – Aliens not subject to a visa requirement may move freely .. for a maximum period of three months during the six months following the date of first entry ..
2 – Paragraph 1 shall not affect each Contracting Party’s right to extend .. an alien’s stay .. in accordance with a bilateral agreement ..
Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 Schengen Borders Code Article 12
1 – If the travel document .. does not bear an entry stamp the .. authorities may presume that the holder does not fulfil .. the conditions of duration of stay
2 – The presumption referred to in paragraph 1 may be rebutted where the third-country national provides .. credible evidence such as transport tickets or proof of .. presence outside the territory of the Member States, that he or she has respected the conditions relating to the duration of a short stay .. The provisions .. shall apply .. in the absence of an exit stamp.
Annex VIII – Member States may authorise seamen holding a seafarer’s identity document issued in accordance with the International Labour Organization .. to .. stay in the area of the port where their ships call … or exit the territory of the Member States by returning to their ships, without presenting themselves at a border crossing point on condition that they appear on the crew list which has previously been submitted for checking.
Annex to the Commission Recommendation establishing a common “Practical Handbook for Border Guards”
I 6.9 – If, at exit, it appears that the travel document of a third-country national does not bear
an entry stamp, the border guard may presume that the holder has entered illegally .. and/or has exceeded the maximum duration of stay. If so, a penalty provided by national law may be imposed.
IV 3.2 – Persons on board pleasure boats coming from or departing to a port situated in a Schengen State must not be subject to border checks and may enter a port which is not a border crossing point. However, when according to the assessment of the risks of illegal immigration .. checks on these persons and/or a physical search of the pleasure boats must be carried out. Random checks on pleasure boats must be carried out irrespective of the assessment of the risks of illegal immigration.
Regulation 2017/2226 of the European Parliament and of the Council establishing an Entry/Exit System of 30 November 2017 including Amendment to the Convention implementing the Schengen Agreement
2 – Paragraph 1 shall not affect each Contracting Party’s right to extend beyond three months an alien’s stay in its territory .. in accordance with a bilateral agreement .. notified to the commission The stay of an alien .. may be extended in accordance with a bilateral agreement .. upon request .. the competent authorities .. on entry or .. at the latest on the last working day of his .. 90-day stay ..
2a – Where the alien has not lodged a request .. his or her stay may be extended .. and .. may be presumed lawful .. provided that the alien presents credible evidence which proves that during that time he .. stayed only on the territory of that Contracting Party.
2b – the competent authorities shall enter the data related to the extension in the .. record linked to the alien’s individual file contained in the Entry/Exit System
2c – Where the stay is extended .. the alien .. shall be authorised to stay only on the territory of that Contracting Party and exit at the external borders of that Contracting Party.
2d – the Contracting Parties shall notify the text of their relevant applicable bilateral agreements .. to the Commission..The Commission shall publish information about such bilateral agreements in the Official Journal of the European Union ..
Official Journal of the European Union List of Member States’ bilateral visa waiver agreements .. allowing for an extension of the period of stay
Australia/Italy dated 1/8/1951 – 90 days
NZ/Italy 1/3/1961 – 90 days
NZ/Spain dated 31/10/1989 – 90 days
NZ/France dated 1/12/1947 – 90 days
Australia and Italy Exchange of Notes Constituting a Visa Agreement. Rome 19 June 1951
2 – Australian nationals .. will be able to enter and remain .. for .. three consecutive months without a visa…
3 – Australian nationals who have entered Italy without a visa and have spent three consecutive months in the country may re-enter Italy .. after an absence .. of one month ..
Exchange of Notes Constituting an Agreement Between the Government of New Zealand and the Government of the Republic of Italy Concerning Visas Wellington 25 January 1961
New Zealand citizens .. may enter Italy without obtaining a visa provided the entry is not made with the intention of staying in Italy for a period longer than three months ..
Exchange of Letters Constituting a Visa Abolition Agreement Between the Government of New Zealand and the Government of Spain. Madrid, 10 October 1988
1 – New Zealand citizens .. who enter Spain for business or tourist purposes for a period of not more than three months and who do not take up any form of gainful employment or remunerated occupation in Spain, shall not be required to obtain visas in advance.
Exchange of Notes Between the Governments of New Zealand and the French Republic Concerning the Mutual Abolition of Visas
Holders of valid passports bearing on the cover the inscription ‘British passport: Dominion of New Zealand’ and, inside, a description of the holder’s national status as ‘British subject’ shall be free to travel to metropolitan France and Algeria by any route without the necessity of obtaining a visa in advance.