Can a dual citizen with a Schengen residence permit enter the Schengen area on their second passport?

Question

I'm in possession of two passports: one that is tied to my Schengen residence permit (issued as a separate card) and one that the host country knows nothing about. The names in the two passports are the same. Is it possible for me to enter the Schengen area with my second passport and the residency permit?

I'm aware that the residence permit has the original country's name on the back, however it's unclear if there is a requirement to use the same passport for entry.

Since national laws take precedence over Schengen laws when dealing with the country's own long-term visas, presume that the person in question would enter the Schengen area through a country different than the one where the residency permit was issued.

Answer 1

Under a strict reading of the Schengen Borders code, there is no reason it should be a problem. Article 6, on entry conditions for third-country conditions reads:

1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

   (a) they are in possession of a valid travel document entitling the holder to cross the border satisfying the following criteria:

   (i) its validity shall extend at least three months after the intended date of departure from the territory of the Member States. In a justified case of emergency, this obligation may be waived;

   (ii) it shall have been issued within the previous 10 years;

   (b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 (25), except where they hold a valid residence permit or a valid long-stay visa;

Holding a valid residence permit exempts you from the visa requirement, otherwise all the usual conditions apply, having a valid travel document being one of them.

Incidentally, there has already been a court case on a related issue (a valid visa contained in an expired passport and used together with another, valid passport) and the court clearly ruled that both conditions should be considered separately.

That said, I have never heard of anybody doing this in practice and I can imagine it could create some confusion for the border guards.

Answer 2

From the Schengen Borders Code:

Article 6

Entry conditions for third-country nationals

1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

(a) they are in possession of a valid travel document entitling the holder to cross the border satisfying the following criteria:

(i) its validity shall extend at least three months after the intended date of departure from the territory of the Member States. In a justified case of emergency, this obligation may be waived;

(ii) it shall have been issued within the previous 10 years;

(b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 (25), except where they hold a valid residence permit or a valid long-stay visa;

There's nothing about the passport and the residence permit having to mention the same nationality.

If a traveler appears with a residence permit listing a nationality different from that of the passport, the border guard could suspect that the passport and the residence card do not belong to the same person. But the other biographical and biometric data should make it clear that the documents do in fact belong to the same person, and if that person is the traveler presenting them, then the traveler will have met the entry condition cited above.

Answer 3

To answer this myself after trying it out: yes, it's possible without any issues. I was asked to show my other passport in order to verify the previous entry stamps, but it wasn't stamped or scanned.