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Schengen Visa, FAQ when applying from Thailand.

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Donutz Gold Member

Donutz

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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.

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

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theoldgit Star Member

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UPDATED ON 15 MAY 2015 ON BEHALF OF MEMBER DONUTZ, thanks for your continued hard work.

The FAQ above should answer most questions, but in a lot of posts people still report about unclear or false instructions by embassy staff or official website with visa instructions.

Therefor, as an appendix, you'll find the most important parts of EU instruction's cited here.

The EU's official website on traveling gives a good short overview of traveling as an EU national with your non-EU family members, here you will also find contact information for the EU Ombudsman Solvit at the bottom of the page under "need more help?":

http://eur-lex.europ...ELEX:32004L0038

The Visacode for Schengen members is EU Regulation No 810/2009:

http://eur-lex.europ...ELEX:32009R0810

When applying you should read the instructions of the embassy carefully, incase these instructions are not entirely correct you have several options:

- Be practical and do as the embassy says (and consider contacting the embassy, Solvit and EU Home Affairs for an official report afterwards so authorities may look into it. A single complaint may not always help, but with sufficient complaints authorities such as the EU will definately investigate and take approperiate action).

- Point out to the embassy that they are in error, possibly contacting Solvit aswell.

- Change your plans and chose a different EU nation to go to which does do a more proper job and gives your spouse the quick, minimum hassle "VIP" route.

- Try to reach the external border and gaining access there, such as making your way to Dover and contacting French border staff on the UK side of the channel. If you are taking a plane, good luck convincing the airliner that you're Thai spouse is entitled to a visa at the border, they most likely will not let you board.

- Skip your holiday to the EU and spend your money elsewhere.

If you do meet silly requests from embassy staff or the external (and entirely optional!) service provider VFS Global or TLS Contact, you may wish to know the following:

1) The embassy needs to see evidence of a legal family relation. They might asks for specific items (such as a marriage certificate, often legalized) but should consider any evidence of a legal, non-fraudulent marriage. If they can be convinced that the family relation is genuine they must accept this.

2) ID of THai and EU national

3) That the Thai spouse will travel with or join the EU national (a letter, statement or -even though stricly seen not required, commonly requested: travel reservation-

EU Home Affairs explains this in more detail. Important points have been made bold.

The Operational instructions Handbook for the processing of visa applications and the modification of issued visas is quite extensive, the most important paragraphs on EU family applications have been cited below

PART III: SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY

MEMBERS OF EU13 CITIZENS OR SWISS CITIZENS

Legal basis: Visa Code, Article 1 (2) (a) and (b )

Under Article 21 of the Treaty on the Functioning of the European Union, every European

Union citizen has the right to move and reside freely within the territory of the Member

States, subject to the limitations and conditions laid down in the Treaty and by the measures

adopted to give it effect. These limitations and conditions are set out in Directive

2004/38/EC14 on the rights of Union citizens and their family members to move freely within

the territory of the Member States.

The right of free movement of EU citizens would not have any useful effect without

accompanying measures guaranteeing that this right is also given to their families. Therefore

the Directive extends the right to free movement to family members of EU citizens. Article 5

(2), 2nd sub-paragraph of the Directive provides that "Member States shall grant [family

members covered by the Directive] every facility to obtain the necessary visas. Such visas

must be issued free of charge as soon as possible and on the basis of an accelerated

procedure.".

As Directive 2004/38/EC represents a lex specialis15 16 with regard to the Visa Code, the Visa

Code fully applies where the Directive does not provide an explicit rule but refers to general

"facilities".

(....)

3. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE

This point provides for operational instructions concerning the specific derogations from the

general rules of the Visa Code that are to be applied when it has been ascertained that the visa

applicant falls under the Directive and that there is no exemption from the visa requirement.

3.1. Visa Fee

No visa fee can be charged.

3.2. Service fee in case of outsourcing of the collection of applications

As family members should not pay any fee when submitting the application, they cannot be

obliged to obtain an appointment via a premium call line or via an external provider whose

services are charged to the applicant. Family members must be allowed to lodge their

application directly at the consulate without any costs. However, if family members decide

not to make use of their right to lodge their application directly at the consulate but to use the

extra services, they should pay for these services.

If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff)

to the consulate should be put at the disposal of family members respecting comparable

standards to those of "premium lines", i.e. the availability of such lines should be of standards

comparable to those in place for other categories of applicants and an appointment must be

allocated without delay.

3.3. Granting every facility

Member States shall grant third country family members of EU citizens falling under the

Directive every facility to obtain the necessary visa. This notion must be interpreted as

ensuring that Member States take all appropriate measures to ensure fulfilment of the

obligations arising out of the right of free movement and afford to such visa applicants the

best conditions to obtain the entry visa.

3.4. Processing time

The visas must be issued as soon as possible and on the basis of an accelerated procedure and

the procedures put in place by Member States (with or without outsourcing) must allow to

distinguish between the rights of a third country national who is a family member of an EU

citizen and other third country nationals. The former must be treated more favourably than the

latter.

Processing times for a visa application lodged by a third-country national who is a family

member of an EU citizen covered by the Directive going beyond 15 days should be

exceptional and duly justified.

3.5. Types of visa issued

Article 5(2) of the Directive provides that third-country nationals who are family members of

EU citizens may only be required to have an entry visa in accordance with Regulation (EC)

No 539/2001.

3.6. Supporting documents

In order to prove that the applicant has the right to be issued with an entry visa under the

Directive, he must establish that he is a beneficiary of the Directive. This is done by:

presenting documents relevant for the purposes of the three questions referred to above, i.e.

proving that:

- There is an EU citizen from whom the visa applicant can derive any rights;

the visa applicant is a family member (e.g. a marriage certificate, birth certificate,

proof of dependency, serious health grounds, durability of partnerships ) and

- his identity (passport);

- and the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU

citizen already resides in the host Member State or a confirmation that the EU

citizen will travel to the host Member State).

It is an established principle of EU law in the area of free movement that visa applicants have

the right of choice of the documentary evidence by which they wish to prove that they are

covered by the Directive (i.e. of the family link, dependency ). Member States may,

however, ask for specific documents (e.g. a marriage certificate as the means of proving the

existence of marriage), but should not refuse other means of proof.

For further information in relation to the documentation, see Commission Communication

COM (2009) 313 final22.

3.7. Burden of proof

The burden of proof applicable in the framework of the visa application under the Directive is

twofold:

Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He must

be able to provide documentary evidence foreseen above as he must be able to present

evidence to support his claim.

If he fails to provide such evidence, the consulate can conclude that the applicant is not

entitled to the specific treatment under the Directive.

Additional documents may not be required regarding the purpose of travel and means of

subsistence (e.g. proof of accommodation, proof of cost of travelling), which is reflected in

the exemption for family members of EU citizens from filling in the following fields of the

visa application form:

Field 19: "current occupation";

Field 20:"employer and employer's address and telephone number. For students, name and

address of educational establishment";

Field 31: "surname and first name of the inviting person(s) in the Member State(s). If not

applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s);

Field 32: "Name and address of inviting company/organisation";

Field 33: "Cost of travelling and living during the applicant's stay".

A Member State may require that the relevant documents are translated, notarised or legalised

where the original document is drawn up in a language that is not understood by the

authorities of the Member State concerned or if there are doubts as to the authenticity of the

document.

3.8. Refusal to issue a visa

A family member may be refused a visa exclusively on the following grounds:

the visa applicant failed to demonstrate that he is covered by the Directive on the

basis of the visa application and attached supporting documents under point 3.6

(i.e. it is clear that the reply to at least one of the three questions referred to above

is negative);

the national authorities demonstrate that the visa applicant is a genuine, present

and sufficiently serious threat to public policy, public security or public health; or

the national authorities demonstrate that there was abuse or fraud.

In the latter two cases, the burden of proof lies with the national authorities as they must be

able to present evidence to support their claim that the visa applicant (who has presented

sufficient evidence to attest that he/she meets the criteria in the Directive) should not be

issued with an entry visa on grounds of public policy, public security or public health or on

grounds of abuse or fraud.

The authorities must be able to build a convincing case while respecting all the safeguards of

the Directive which must be correctly and fully transposed in national law. The decision

refusing the visa application on grounds of public policy, public security or public health or

on grounds of abuse or fraud must be notified in writing, fully justified (e.g. by listing all

legal and material aspect taken into account when concluding that the marriage is a marriage

of convenience or that the presented birth certificate is fake) and must specify where and

when the appeal can be lodged.

The refusal to issue an entry visa under the conditions of the Directive must be notified in

writing, fully justified (e.g. by referring to the missing evidence), and specify where and when

an appeal can be lodged.

The handbook continues on:

4. FAMILY MEMBERS OF EU CITIZENS APPLYING FOR A VISA AT THE EXTERNAL

BORDERS

When a family member of an EU citizen, accompanying or joining the EU citizen in question,

and who is a national of a third country subject to the visa obligation, arrives at the border

without holding the necessary visa, the Member State concerned must, before turning him

back, give the person concerned every reasonable opportunity to obtain the necessary

documents or have them brought to him within a reasonable period of time to corroborate or

prove by other means that he is covered by the right of free movement.

If he succeeds in doing so and if there is no evidence that he poses a risk to the public policy,

public security or public health requirements, the visa must be issued to him without delay at

the border, while taking account of the guidelines above.

Then there is a second handbook, Handbook for the organisation of visa sections and local Schengen cooperation:

4.4. Direct access

Maintaining the possibility for visa applicants to lodge their applications directly at the

consulate instead of via an external service provider implies that there should be a genuine

choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to

those for access to the service provider, the conditions should not make direct access

impossible in practice. Even if it is acceptable to have a different waiting time for obtaining

an appointment in the case of direct access, the waiting time should not be so long that it

would render direct access impossible in practice.

The different options available for lodging a visa application should be presented plainly to

the public, including clear information both on the choice and the cost of the additional

services of the external service provider (see Part I, point 4.1).

Source: http://ec.europa.eu/...cy/index_en.htm

Final tip: Being in a relationship akin to marriage may also allow you to apply under Freedom of Movement for this free visa. The Dutch for instance will allow a Britton who is in a longlasting relationship with an unmarried Thai partner to apply under the Directive if you can show evidence of a long lasting and exclusive relationship such as by providing evidence of a joined household (habbitation) going back at least 6 months.

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