Donutz

Schengen Visa FAQ (updated 12 August 2014) This thread is currently in the process of being updated, including the updating of links - it's taking a bit of time TOG A good preparation is essential for any visa application. Below you will find some of the most important items to be aware of. Of course any application is unique so by no means can this topic cover all the possible situations, but it should provide a good starting point for most applicants. As I am only a citizen with Thai partner and some first hand experience, I hope that I have interpreted the various source correctly. Any errors in this post are mine. If you really wish to be sure about a question it's best to consult the authorities (embassy staff, Your Europe advice, ...). If you do find yourself in a very difficult situation it's best to consult a lawyer who is experienced in immigration and visa matters. What is a Schengen Visa? The free movement of persons is a fundamental right guaranteed by the EU to its citizens. It entitles every EU citizen to travel, work and live in any EU country without special formalities. Schengen cooperation enhances this freedom by enabling citizens to cross internal borders without being subjected to border checks. The border-free Schengen Area guarantees free movement to more than 400 million EU citizens, as well as to many non-EU nationals, businessmen, tourists or other persons legally present on the EU territory. Austria: http://www.bmeia.gv....ormationen.html Belgium: http://countries.dip...m/visa_belgium/ Czech Republic: http://www.mzv.cz/ba...ar_Information/ Denmark: http://thailand.um.d...ing-to-denmark/ Estonia: http://www.vm.ee/?q=en/node/6467 Finland: http://www.finland.o...2&culture=en-US France: http://www.ambafranc...-la-France,2404 Germany: http://www.bangkok.d...stimmungen.html Greece: http://www.mfa.gr/mi...ailand-en/visas Hungary: http://konzuliszolga...-apply-for-visa Iceland: http://www.iceland.i...ion/consulates/ Italy: http://www.ambbangko..._servizi/Visti/ Latvia: ... Lithuania: ... Luxembourg: http://bangkok.mae.l...iod-of-180-days Malta ... Monaco: ... Netherlands: http://thailand.nlem...r-services/visa Norway: http://www.emb-norwa...-Schengen-visa/ Poland: http://www.bangkok.m...a_requirements/ Portuga: http://www.secomunid...mid=97〈=enl Slovakia: http://www.mzv.sk/Ap...w_ByID/index_EN Slovenia: ... Spain: http://www.exteriore...sDeEntrada.aspx Sweden: http://www.swedenabr...visa-to-Sweden/ Switzerland: http://www.eda.admin...isa/vistha.html The most common type of Schengen Visa is the "C type" visa also commonly known as "short stay/term" or "tourist visa". It allowed people to reside within the Schengen areas for up to a maximum of 90 days (within any 180 day period). The most common type of C visa are for "tourism", "joining a friend/relative" or "EU/EER nationals travelling to or residing in another member state than that of which he/she is a national." More information: http://ec.europa.eu/...en.htm#resp_map Where can I travel with a Schengen Visa? You can travel throughout the entire Schengen area. This means that you can enter, move through and leave the Schengen area via all member states. However you must apply at the embassy of the country that is your main destination. If there is no clear main destination you should apply at the embassy of the Schengen country that you will enter first. As said you may enter or exit through any Schengen member state if it's plausible that you are heading onwards to your main destination. It's perfectly okay to fly in and out of the Schengen area via a neighbouring country of this is more practical or cheaper. You should be well prepared though and are adviced to carry a copy of all the documents you used in your application so you may show them to the border guard if they wish to verify you meet the requirements. A Schengen visa doesn't give automatic right of entry! More info: http://ec.europa.eu/...cy/index_en.htm Do I need a Schengen Visa? In most cases Thai visitors do need a Schengen Visa. If a Thai person already has a residence permit of a Schengen area member you will not need a visa. As the UK is not a member of the Schengen area, most Thai who reside temporarily or permanently in the UK will need a Schengen Visa. See: http://europa.eu/you...it/index_en.htm What are the requirements for a Schengen Visa? This varies as embassies may set additional requirements and it depends on the type of visa requested. In most cases it's important that the traveler convinces the embassy that their is a genuine and clear goal, meets the financial requirements, medical travel insurance and can convince that the he or she will leave the Schengen area before the visa expires (overstay, illegal residence). Simply said, they wish to verify if the trip is genuine, that the trip is affordable and that the traveller will leave in time. Details can be found at the websites of the various member states. It might be useful to know that either the host can provide financial guarantee or they applicant may provide evidence that he/she himself/herself has sufficient means of support. The exact amount of money you need per day per person varies from country to country. Concerning booking your flight etc.: it is adviced that you don't pay for your flight (or hotel etc.) untill the visa has been issued. It's better to get a booking or option for a flight. Some companies offer this service free of charge or at a small cost. Usually the reservation will expire if you do not confirm the flight in time. This shouldn't be a problem, aslong as the reservation/option is still valid at the day that you hand in the application. You may then confirm the booking with the company when youg et a visa or try and find a cheaper/other ticket. You are not obligated to have your flight etc. all payed for! Might be a costly experience incase the visa is denied! Documents you may wish or need to collect: evidence of any previous visas, a letter of invitation by the host (explaining the reasons for the visit and also why the applicant will return), supporting documents that shows ties with the home country such as owning property, having to take care of family, the need to return to studies/employment etc. Make sure the application makes sense: how many people can get 3 months off from work for a holiday? It may not always be wise to apply for the maximum number of days. If this is the first visa application to a western nation you may wish to apply for less days, such as a single month. Every case is unique and judged on it's own merrits ofcourse! Try to think of any evidence that may support your case to convince the embassy that this is a genuine application with a minimum amount of risk for the authorities. Different rules and requirements apply to qualifying family members of EU/EEA nationals. See the relevant section below. Where / how to apply? You can apply at the embassy. Most require an appointment, an appointment should be granted within 2 weeks of the request (article 9 of the Visa Code). Be aware that many embassies have outsourced part of their visa application process to external service providers such as VFS Global or TLS Contact. These are just handling agencies and you are not obligated to use their service, let alone to pay their service fee. (Article 17 of the Visa Code states so). Further details are explained in the Visa Code. You can find the Visa Code and Visa Handbook here: - EU Home Affairs on Schengen - Handbook for the processing of visa applications (Application procedures in more detail, available in several languages) - Handbook for the organisation of visa sections (covers right of direct access to the embassy on page 21-22) You will need to apply at the embassy of the country which the applicant will be traveling to: the country were the applicant will spent the most time, or if there is no clear main destination then you need to apply at the country which you will visit first). For a Friends visa or Family visa this most often will be the country in which the EU partner resides. You may enter and exit the Schengen country via any member state though, as long as you can convince the border guards that you are heading onward to your main destination. Useful incase the host lives near the border and find cheaper tickets a neighbouring country. Exception: in rare cases a visa with Limited Territorial Validity is issued, in which case the visa is only valid in a limited number of countries. This will be clearly noted in the visa if this is the case. Most C and D visa are valid in the entire Schengen area. How long does it take to process my application? Most applications should be processed within 15 calendardays, in individual cases this might be extended to 30 days and in exceptional cases to 60 days (article 23 of the Visa Code). You may apply 3 months in advance at the earliest. The earlier you apply the better, since under normal circumstances it may take 2 weeks to grand you an appointment and another 15 days to handle the application, that is nearly a month in total. How long your application takes will depend on how busy the embassy is, their general policy, your unique case etc. It may just be a matter of days or under a week if you are lucky. I got the Schengen visa, now what? Firstly, make sure that visa is in order the moment you receive it back. If there are any errors report them immediately to the embassy! Then make sure you book(ed) your flight, insurance etc. When you travel to Europe, you are advised to carry a copy of all the documents you used at the application since the border control may ask you to show that you meet all the requirements for the Schengen Visa. Entry on a Schengen visa is NOT a right, you could be denied entry at the border if the border guards believe you do not meet the requirements. If the host has a copy of all the paperwork aswell and you have eachother's (mobile) phone numbers you should be able to sort out any issues incase the border guards are unsure if they can allow you to enter the Schengen area. What are the costs? The standard fee is 60 euro's. If you chose to use a external service provider such as VFS Global or TLS Contact (you are never obligated to use their services even though some embassies push people towards them, thus violating the Schengen regulations) you will also pay additional service fees. For some types of visa a lower fee applies, for some the fee is waived altogether such as applicants who travel to an other EU/Schengen country of which the EU family member is a resident of. See below for more information on EU/EEA family visas. My application got rejected, can I appeal? Yes, you can appeal. Be aware that you need to do so in a timely manner. Depending on the national law of the embassy in question you may need to appeal within 4 weeks, a month, 30 days or a few months. You may wish to contact a legal expert when you make an appeal. The most common grounds of rejection are "unclear travel intentions/goal" or "risk of not leaving the Schengen area in time / illegal settlement". You can counter these by making sure that your travel intentions are clear (tickets, bookings/shelter, a travel plan, a letter from the inviting host etc.) and providing evidence that shows bonds with Thailand such as a job, school or family that you need to return to, property you own etc. plus ofcourse stating that you are fully aware of the consequences of illegal settlement and you have no desire to violate the law and you/your host will ensure that you leave the Schengen area on time. Ofcourse hopefully you have provided as much evidence with your initial application as to convince the embassy of your genuine and legal travel intentions. Can I apply for a multiple entry visa? Ofcourse you can, though the policy of issuing one is different from country to country and embassy to embassy (this may change in the future though, see here). Generally after the first or second trip to the EU you could try and apply for multiple entries. You will then get a visa that is valid for a longer period of time (2-5 years), and which allows you to stat the number of stated (generally 90) days per 180 day window. The worst that can happen would be getting a single entry visa instead because they embassy doesn't believe you need or qualify for a multiple entry visa just yet. You may wish to motivate your request for a multiple entry visa in a seperate letter. I am a family member (spouse, child) of an EU/EEA citizen: If the applicant is travelling to another Schengen member state then the one that your EU family member is a national of, and you are travelling together or the non EU/EEA national family member is travelling to join the EU/EEA national family member, then you are entitled to a FREE visa which should be granted swiftly (accelerated procedure) and with minimum hassle. Your application falls under directive 2004/38/EC regarding the Freedom of Movement. A minimum of documentation and requirements apply. It's important to know who qualifies as a family member of an EU/EEA citizen though. Who qualifies?: The non-EU spouse, (grand)children or (grand)parents. And only If they will be travelling together with you, or joining you in another EU country then the country you are a citizen of. Your registered partner and extended family - siblings, cousins, aunts, uncles, and so on - can ask the authorities in an EU country to officially recognise them as family members of an EU national. EU countries do not have to recognise them as your family members but they do at least have to consider the request. Example: a German and his Thai spouse have to apply for a regular C type visa if they are applying for a stay in Germany. If they would go on holiday to Spain for instance, they would be able to apply for the EU/EEA family member visa. Requirements: A minimum of documentation and requirements apply: travel insurance is not required, hotel bookings are not required, transport bookings (flight) is not required etc. For a spouse the marriage certificate + possibly legalisation by the local ministry of foreign affairs to confirm it's a genuine document + official translation to a language that the embassy can read should be sufficient. Sadly not all embassies apply the Visa Code properly. There should be no need for hotel reservations, insurance or other such things. They may for instance ask that your marriage is registrated in the EU. That most certainly is not a requirement (the EU directive simply requires you to be genuinly married). It could be more efficient to cooperate with such silly demands but if you are unable or unwilling to do so due to cost or time constraints, you would be in your right to point out that the embassy is asking too much. What is required: - Show that the applicant (non EU) is first line family of an EU national: provide the marriage certificat (translated if need be, there should be no need to register a Thai marriage in the EU spouse his/her country). - Provide passports of the both of you so they can ID you. - Confirmation that the two of you will be traveling together or joining eachother in the member state: declaration by the EU spouse, optionally as extra evidence a reservation for transport to the EU. It is always best for non-EU family members to be well informed in advance and have all the necessary documents before starting their journey. However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot. Further details: - Directive 2004/38/EC on the Freedom of Movement (articles 1, 2, 5 and 6. Available as PDF in most languages. Show these articles if the embassy is making things difficult for you). - http://europa.eu/you...ly/index_en.htm - The Visa Handbook These rights also apply (infact they not need a visa at all) to those who are family members of an EU citizen who gained "freedom of movement" rights: EU citizens who live/work in another EU member state. If an EU citizen lives and works in the country that they are a citizen of then you are not an EU/EEA citizen. The non-EU spouse of an EU national who is or has executed his/her freedom of movement righrs should have a residence card that states "family member of an EU/EEA national". The embassy is giving me a hard time! Make sure you know your rights and obligations. Read the information on the embassy website carefully as well as the information provided by the EU (Home Affairs department). Embassy staff are not always perfect or entirely competent, they can make mistakes or even misinform you on purpose. This also applies to external service providers. The main sources are set out in the Freedom of Movement directive, Visa Code and Visa Handbook. If you do encounter problems, see if you can cite the Freedom of Movement directive or Visa Code. If you still encounter problems you may wish to contact one or more of the following options: - Check: http://europa.eu/you...it/index_en.htm - Contact Solvit: https://ec.europa.eu/imi-public/ - Contact the ministry of foreign affairs of the embassy in question - Contact a legal expert (immigration lawyer) - Ask the help of a visa agency - You may also wish to contact other authorities higher up the chain such as the European Commission (Home Affairs) or the EU Commision's Representation abroad such as in Thailand. - .... --------------------------------------------------------- Quick references, important rights: Websites: - The website of the embassy you will be applying at (see above) - http://ec.europa.eu/...en/index_en.htm - http://europa.eu/you...it/index_en.htm The Schengen Code (Regulation (EC) No 810/2009 ???? - Article 9: covers practical modalities for lodging an application. - Article 17: covers service fees by external service providers such as VFS Global and TLS Contact (you aren't obligated to use their services!) - Article 23: covers the decision (processing time) of an application. - The Visa Handbook -- Covers the rules in more detail. Useful for more complicated applications such as those who apply for a EU/EEA family member visa where visa fees should be waived and the visa issued swiftly and with minimum hassle. - Overstay Calculator (basically on any given day within the Schengen area, count back 180 days and make sure you don't exceed the 90 day limit): http://ec.europa.eu/...culator_en.html - Interesting data and statistics for those interested in the number of visas issued and declined: http://ec.europa.eu/...ex_en.htm#stats Attached Files Schengen_Visa_FAQ.rtf 24.32KB 0 downloads