European Migration Network

Any person who is not a citizen of the European Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union and who is not a person enjoying the Union right to freedom of movement, as defined in Article 2(5) of the Schengen Borders Code.


Synonym: Non-EU/EEA/CH National


Broader Term: Non-EU National


Related Term: Union Citizen


Notes:
1. This definition means that nationals of Norway, Iceland, Liechtenstein and Switzerland are not considered to be third-country nationals. This is also consistent with Article 2(5) of the Schengen Borders Code which takes as a starting point a wider meaning of Third-Country National.
2. The definition above is also used in Directive 2009/52/EC (Employer Sanctions).
3. However, the Migratory Statistics Regulation 862/2007 has a slightly different definition for a Third-Country National, which then considers nationals of Norway, Iceland, Liechtenstein and Switzerland as Third-Country Nationals. This is also the case for Directives 2009/50/EC (Blue Card), 2003/86/EC (Family Reunification), 2003/109/EC (Long-Term Residents), 2005/71/EC (Researchers) and 2004/114/EC (Students). This definition was considered to be too narrow for use by the EMN.
4. Nationals of Micro-States (Monaco, San Marino, Vatican City) are treated as Third-Country Nationals since, although there are no border controls, there is no formal agreement for them to be "beneficiaries of the free movement of persons" as defined in EU acquis. This means also that they can not be part of the Schengen agreement.

Source:
Article 3(1) of Directive 2008/115/EC of the European Parliament and of the Council
(common standards and procedures in Member States for returning illegally staying third-country nationals) with an update of the Treaty article referred to.