Any person who is not a citizen of the European Union within the meaning of Art. 20(1) of TFEU and who is not a person enjoying the European Union right to free movement, as defined in Art. 2(5) of the Regulation (EU) 2016/399 (Schengen Borders Code).
1. According to this definition, nationals of NO, IS, LI and CH are not considered to be third-country nationals. This is also consistent with Art. 2(6) of Regulation (EU) 2016/399 (Schengen Borders Code).
2. The Migration Statistics Regulation (Regulation (EC) No 862/2007) has a slightly different definition for a third-country national, which considers nationals of NO, IS, LI and CH as third-country nationals. This definition is also applied in Council Directive 2009/50/EC (Blue Card Directive), Directive 2003/86/EC (Family Reunification Directive), Directive 2003/109/EC (Long Term Residents Directive), Directive 2005/71/EC (Researchers Directive) and Directive 2004/114/EC (Students Directive). This definition was considered to be too narrow for use by the EMN.
3. 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 the EU acquis. This also means that they cannot be part of the Schengen Agreement.