Current Schengen visa rules
The Schengen area is a region of 29 European countries that have abolished their internal borders to allow the free and unrestricted movement of people. The area mostly functions as a single jurisdiction for international travel purposes, with a common visa policy. For visa-required nationals, the Schengen visa is a short-stay visa that allows a person to travel to any members of the Schengen Area, per stays up to 90 days within 180 days on a rolling basis. The visa is not purpose-bound; however, it will be granted based on the purpose of the travel, and it does not grant the holder the right to work in the Schengen area.
In Sweden, a visa can be granted for the following purposes: (1) visiting family and friends; (2) business or conferences; (3) tourism; (4) medical treatment; (5) religious purposes; (6) studies, research, or doctoral exchange programs; (7) volunteer work or internships. The requirements for the visa can vary from one embassy to another and will be made on a case-by-case basis. The length and terms of the visa granted will also depend on the assessment of the case officer.
The new ‘cascade’ regime for Indian nationals
The new ‘cascade’ regime is more advantageous compared to the standard Visa Code guideline. This system is designed for Indian nationals residing in India with a solid record of previous visits to the Schengen area. To elaborate, they are required to have obtained and lawfully used two visas within the previous three years. If fulfilled, they are offered a multiple-entry visa with long-term validity, contingent upon the remaining validity of their passports.
According to this new favorable set of rules, eligible Indian citizens are entitled to receive multi-entry Schengen visas with a two-year validity. Typically, this two-year visa will be followed by the issuance of a five-year visa. Visa holders under this regime are afforded the same level of travel freedom as those from nations not requiring visas, for the duration of their visa’s validity.
The promotion of this regime comes, firstly, from the growing partnership within the framework of the EU-India Common Agenda on Migration and Mobility (CAMM). This agenda is dedicated to fostering extensive collaboration on migration issues between the European Union and India.
The impact of the new regime to immigration landscape in Sweden
With this new regime, Sweden may see an increase in business and tourism travel from India. Frequent travelers, including business professionals, academics, and tourists, will benefit from the reduced need to apply for visas for each trip. It may also promote other academic and scientific collaboration, potentially leading to innovations and developments in various fields.
Furthermore, while the ‘cascade’ visa regime does not directly provide a pathway to long-term residency or employment, it may indirectly influence long-term migration patterns. Individuals who frequently travel to Sweden and establish networks may be more inclined to consider opportunities for long-term employment or migration. As a result, there could be an increase in applications for work permits and residency from Indian nationals.
Business visa versus work permit or exemption
While the new visa regime will make it easier for business travelers from India to travel to Sweden more frequently it is important to note that the general rule is that work activities in Sweden require a work permit, no matter the duration of stay. Business visas are intended for business meetings or conferences, and work activities that render renumeration generally require a work permit.
There is, however, a list of exemptions from this requirement, regulated in the Swedish Aliens Ordinance (5th Chapter 2 Section Utlänningsförordning (2006:97)). The exempted occupations and circumstances are also listed in English here Exemptions from the work permit requirements - Migrationsverket. It is up to the traveler and employer to assess and argue (if questioned by authorities) if an exemption applies. As it is not possible to receive a pre-approval or confirming document by the Swedish authorities whether an exemption applies or not EY is often consulted for assessment regarding business travel and permitted activities.
While the new visa scheme for Indian nationals opens up for more professional networking it is important to note that there is an increased demand from the government to authorities to conduct checks on whether a foreign national has the right to work in Sweden. In addition to this a government proposal for increased sanctions for companies where an individual is working without the correct permits was presented earlier this spring. EY would therefore like to highlight the importance of immigration compliance when it comes to business travel and is available for advisory regarding business travel activities and work permit exemptions.
A Swedish version of this article is available here.
Authors:
- Andreas Bråthe - Partner Global Immigration, 073-397 24 33
- Elsa Tirén - Manager Global Immigration, 076-853 19 79
- Karin Falkman Lundberg - Assistant Manager Global Immigration, 072-186 11 65
- Thao Vu - Consultant Global Immigration, 072-160 25 30
