Andorra and Schengen Explained. ETIAS. Is Andorra in the EU?
Introduction to Andorra
SCHENGEN, EES, ETIAS and Andorra, not so complicated....
The EES system has now been delayed without any new target date. The aim of EES is to require all countries with visa free access to the EU to register fingerprints and bio-metrics on first entry or exit from the EU. Please read on to see how it will affect Andorra residents as far as we are aware as always !!I will keep this is as simple as I can given that there is confusion understandably.
As it stands there is the special agreement between Andorra, Spain and France ( as explained below) and that confers the same rights for Andorran residents as those for residents of France and Spain (referring to a foreign resident not a citizen) when entering France or Spain from outside Schengen regardless of the nationality of your passport.
This means that the Spanish or French Immigration are NOT required to stamp your passport when entering via France or Spain, and if they choose to as they often do then that stamp becomes irrelevant and exempt from having any legal status.
Residents returning to Andorra are wrongly advised to stamp out of Spain or France and into Andorra, no country of which you are a legal resident requires you to be stamped in and out of your country of residency. For non residents it has become possible to stamp in and out (not guaranteed) of Andorra to extend the 90 day stay in Schengen. This will come to an end when the new agreement for Andorra and the EES is agreed ( see below)
I suggest always point out to Immigration officials that there is no requirement to have your passport stamped by presenting the Andorra residency card but with mixed results!
That does not necessarily apply when you leave or enter the EU via say Italy or another Schengen country, in fact nobody has ever answered the legalities of that although you can blag your way through !!!
The EES, the forerunner of ETIAS effectively will do away with all stamps (finally!) but of course replaces that with electronic processing. As Andorra is intended to be part of the EES and without any EES (or ETIAS) internal control borders the old Schengen agreement needs an upgrade for Andorra residents, and just as we thought we had been forgotten along comes EU Commission directive COM (2024) 108 which looks at how the mechanism of the EES and ETIAS will allow Andorra residents to continue to have free access to the Schengen area. I have uploaded this project and you can read it from the link below.
Effectively it is proposed to acknowledge that Andorra residents will need to be included in the category of Schengen exemption, effectively by Andorran residents being vetted by Spanish and French databases and being issued replacement cards in Andorra that are either linked to the passports or can be used for entry. This Directive is a discussion document, and we will be informed how this is to work. Meanwhile if EES is implemented in 2024, expect chaos!!
When EES does come into force in 2021, 20232, 2023, then October 2024, towards the end of 2024 (delayed yet again without a fixed date) there will be problems and extra problems for residents here until this is sorted but regardless of that Andorran residents regardless of nationality are legally exempt from Schengen 90 day or visa requirements especially from entry into or exit from Schengen area via France or Spain.
The pages and paragraphs below go into more detailed explanations, please read on.
The Commission directive COM (2024) 108 detailing proposals for Andorra residents within EES and ETIAS is linked here, it is interesting reading !
A reminder for residents and visitors Andorra and Schengen -
A few incidents have recently come to light which requires that I issue a reminder about where residents and nonresidents stand as far as Andorra and the Schengen requirements are concerned.
As a resident there is a special agreement that allows you full Schengen exemption when leaving or entering the Schengen area via France or Spain ONLY and that includes either no requirement for stamping or where they do stamp it effectively nulls and voids the stamp and dates.
If you choose to leave or enter the EU via another entry country then there is the likelihood that you will have problems explaining who you are, what you are doing and whether the residency card that you are showing them is genuine or not since most people Including immigration officials have never seen one.
I have tended to advise over the years that people should print out the French and Spanish copy of the special accord, which links you can find below. When you are questioned at least you have the reference to the legal document which exempts you from the Schengen 90 day rule. This is because so few Immigration officials and others have no idea of Andorra let alone the agreement.
Any non-resident who is visiting Andorra for any length of time should try and get a stamp out when leaving Spain into Andorra or France into Andorra. And then when you are leaving Andorra into Spain or France you should get a stamp to be stamped back in. This will all change with EES/ETIAS when there are no external "EU"borders of Andorra and it will be treated as part of the EU but not part of Schengen !!?
Often you have to really argue to get that stamp out of and into the EU from Andorra. If you are on public transport the policy is now that they will stop the bus to check passports and you can then request the stamp if not automatically done with the on bus check. If necessary you should go back to the border and try again. It has become more important since BREXIT to show you are not spending more than 90 days in the EU.
I advise you now to go to the links below and get those copies of the legal agreement printed and either carry in the car with you or in your hand luggage.
Just how do I get an Andorran passport ?
The passport is not to be confused with the green residency card.
You cannot apply for Andorran citizenship until you have completed 20 years unbroken residency (10 years for Nationals of Spain, France and Portugal). It is illegal under Andorran law to have dual nationality so you are required to renounce your current citizenship if you choose to apply.
Schengen Visas Explained and how you could take advantage of Schengen Visa Exemption with Andorran Residency
Is Andorra in the EU?
This is a common question that is often wrongly answered. Andorra is not in the EU but is along with San Marino and Monaco negotiating a special accord which details are as yet unknown. Andorra is not part of the Schengen area but as it is land-locked by France and Spain and has no direct access. For travel to Andorra then the Schengen visa requirements will be the same as if you are travelling to Europe. You should also if you require a visa in your passport hold a multiple entry visa as you will be leaving the EU and re-entering when you leave Andorra. In fact any nationality not already part of the Schengen countries are ALL subject to the 90 day rule in that they must either register with that country´s authorities or must leave the area before the 90 day maximum visa free "allowance". Andorra is treated as an EU state where trade in manufactured goods is concerned, but not for agricultural produce.
Can I stamp my passport when I enter Andorra to extend my 90 days allowed?
Technically yes, realistically it depends on who is on duty at the border and whether they can be bothered to find the stamp. Andorra has random border checks and tourist "Immigration stamp collectors" looking for that souvenir can get a tourist stamp BUT this is undated. To get an officially dated exit stamp from Spain and then an entry at the Andorra side is not guaranteed at all. I do know persons have been successful and I know some who have not been so lucky. If you are entering by bus then the chances are far higher to be checked than by private or hire car, and also by entering on the bus it is far more unlikely that they will wait for you while you chase the officials for that stamp !!
In January 2011 one potential passive resident applicant on a single entry visa was unluckily stopped by a random border check on a bus from Barcelona to Andorra and was refused entry, so beware of the risks of a single entry visa.
I should add at this stage that non EU persons applying for work permits must have in their passport a valid multiple entry Schengen visa, but for passive residency this does not appear to be a requirement for the actual processing of the application once in Andorra, but due to the reasons above any potential applicant should get a multiple entry visa. Once in Andorra it becomes irrelevant that you will exceed the 90 days Schengen or the passport visa as long as you have the residency card once you leave from an EU airport. This as explained below is important as holding an Andorran residency permit exempts you from any Schengen visa or entry requirements ( including transit visas).
So what does the actual law say on Schengen ?
The Schengen Area comprises the territories of 26 European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985. The Schengen Area operates very much like a single state for international travel purposes with border controls for travellers travelling in and out of the area, but with no internal border controls.
Now when the Schengen Treaty was signed, Andorra amongst others would need to have agreements with Schengen for obvious reasons, such as being landlocked by France and Spain and requiring access to the outside world. As far as Andorra is concerned the agreement was made with France and Spain in 2000 and for those researchers I quote:-
"Décret n° 2003-740 du 30 juillet 2003 portant publication de la convention entre la République française, le Royaume d'Espagne et la Principauté d'Andorre relative à la circulation et au séjour en Principauté d'Andorre des ressortissants des Etats tiers, signée à Bruxelles le 4 décembre 2000 (1) "
In this Accord the three signatories state:-
Wishing to regulate the procedures of movement and residence of foreigners traveling to the territory of Andorra;
have agreed as follows:....
...Article 4...
...."The system of entry and movement in France and Spain of foreigners holding a residence permit of Andorra is identical to that applied to foreigners holding a French or Spanish residence permit ....."
That accord treats foreign residents of Andorra on the same terms as if they were foreigners resident in Spain or France.
The following links detail the agreement in full, there are only texts in Catalan, Spanish and French in existence:-
Specifically Article 4 says:-
Le régime d'entrée et de circulation en France et en Espagne des étrangers titulaires d'un titre de séjour andorran est identique à celui qui s'applique aux étrangers titulaires d'un titre de séjour français ou espagnol....
Again Article 4....
El régimen de entrada y de circulación en Francia y en España de los extranjeros titulares de un permiso de residencia andorrano es idéntico al que se aplica a los extranjeros titulares de un permiso de residencia francés o español.
So having established the equality with foreign residents of France and Spain in this accord, let's go back to the principle Schengen Agreement to see what provisions there are for foreign residents in France or Spain.
Internal movement of holders of a residence title
It is clear from Schengen Treaty research that foreigners accepted as residents of France or Spain are entitled to unlimited entry and exit from those countries, and by extension of the Accord with Andorra, the same should apply to holders of a residency permit in Andorra. The accord is only with France and Spain and for travel into other Schengen states the treaty says:-
" Foreigners who are holders of a residence title of a Schengen state may freely enter into and stay in any other Schengen state for a period of up to three months. For a longer stay, they require a residence title of the target member state. "
That appears to be the legalities, at least in as far as France and Spain are concerned. It should also be added that Andorran citizens are also subject to the 90 day rule in theory. I myself was almost prevented from boarding an aircraft in Singapore returning to Barcelona. The officials at the check-in demanded to see my onward flight to Andorra (!) as their computer was (correctly) saying that an Andorran passport holder could only spend 90 days in the EU! Suffice to say that finally apologies were received.
I have been asked whether arriving in Schengen from outside with an Andorran residency permit at say Frankfurt would be OK.
This is academic and really depends on which official is on duty and what his interpretation of the situation is. Sadly Schengen laws are complicated and understood correctly by almost no-one. However the above accord with France and Spain does guarantee visa free entry into Schengen for to entry into or exit from France or Spain.
My advice is, if your passport is subject to Schengen lengths of stay, to enter Schengen area via France and Spain as much as possible and have your residency card with you and even a print out of the accord as highlighted above in your back pocket to prove your entitlements, especially if you are entering or leaving Schengen area through another member country.
I know from first hand experience that entry to Europe via France and Spain has not been a problem when you produce your Andorran residency permit. I have also been informed that difficulties can arise if trying to enter Europe via another Schengen country.
Unfortunately in practice when travelling to the Schengen states from all over the world, how many airline check in staff, supervisors, Immigration officials have ever heard of Andorra, let alone the Accord with France and Spain !!
I hope this goes some way to explaining Andorra and Schengen. Once again this is another advantage of passive residency for those outside the EU who would normally require Schengen visas to enter Europe.