EU Freedom of Movement vs Schengen Visa-Free Access

Summary

This publication explains the critical differences between EU freedom of movement and Schengen visa-free access. While often conflated, these two legal concepts offer very different rights. This guide is essential for non-EU nationals planning strategic residence or mobility across Europe.

Key Legal Issues

• Freedom of movement under the EU Treaties applies to EU citizens and certain family members.
• Schengen visa-free access permits short travel stays but not residence or employment.
• Non-EU residents with national residence permits cannot relocate freely across the EU.
• Legal rights differ significantly based on whether a country is in the EU, Schengen, both, or neither.

EU Freedom of Movement: A Core Right of Union Citizenship

One of the defining features of the European Union is the right to freedom of movement, enshrined in the EU treaties. This right allows EU citizens and their family members to move, reside, and work freely in any EU Member State.

“Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States…”
— Article 21(1), Treaty on the Functioning of the European Union (TFEU)

This right applies to:

• EU citizens.
• EEA and Swiss citizens (through agreements).
• Certain third-country national family members under Directive 2004/38/EC.

Freedom of movement includes the right to establish residence and employment, subject to integration conditions in some Member States. It does not apply automatically to third-country nationals holding residence permits in an EU country.

Schengen Visa-Free Travel: Borderless Travel, Not Borderless Living

The Schengen Area facilitates travel between 27 European countries without internal border checks. It includes most EU countries as well as non-EU countries such as Switzerland, Norway, Iceland, and Liechtenstein.

For non-EU nationals, Schengen permits:

• Short-term travel up to 90 days in any 180-day period.
• No need for a separate visa if the person holds a Schengen residence permit or is from a visa-exempt country (e.g. USA, UK, Canada).

However, this does not include:

• The right to reside, study, or work in a Schengen country other than the one granting the permit.
• Any entitlement to public services, benefits, or long-term stay.

“Aliens holding a valid residence permit issued by a Schengen State may move freely within the territory of the other Schengen States for up to 90 days in any 180-day period.”
— Article 21, Schengen Convention

EU vs Schengen: How Countries Are Classified

It is critical to understand which countries participate in the European Union, the Schengen Area, or both.

CountryEU MemberSchengen MemberMaltaYesYesPortugalYesYesGreeceYesYesSpainYesYesItalyYesYesCyprusYesNo (Schengen pending)SwitzerlandNoYesUnited KingdomNoNo

Common Misconceptions About European Residency

“I have residency in Malta, so I can live in Spain too.”
Not true. A Maltese residence permit allows you to live in Malta and travel across Schengen, but you need a separate permit to reside in another EU or Schengen state.

“As a US citizen, I don’t need a visa to enter Europe, so I can stay as long as I like.”
Incorrect. US passport holders can visit Schengen countries for up to 90 days in any 180-day period — but not live, study, or work there without a residence permit.

“The Portugal Golden Visa gives me EU freedom of movement.”
Misleading. It gives residence rights in Portugal and visa-free travel across Schengen, but not the right to live or work in France, Germany, or elsewhere.

Strategic Implications for Residency Planning

For globally mobile individuals and families, it is essential to structure your residence planning based on:

• The specific legal rights attached to your status.
• Whether your chosen country is part of the EU, the Schengen Area, or both.
• The type of residence permit you are applying for.

A misstep in this assessment can lead to overstays, unlawful residence, or lack of access to healthcare, education, or work rights.

How Our European Immigration Lawyers Can Help

At CCLEX, we provide strategic legal advice to individuals and families seeking to establish residence in Europe. We assist with:

• Selecting the most suitable residence programme based on mobility and integration needs.
• Understanding the full legal scope of your permit — whether national, EU-wide, or Schengen-related.
• Ensuring compliance with Schengen rules and EU immigration law.
• Planning long-term for EU citizenship or multi-jurisdictional residence.

Whether your goals are lifestyle-driven, retirement-based, or centred on investment or succession, we ensure that your European mobility plan is structured with legal certainty and strategic foresight.