a. Where to apply for a visa?
sIn principle, third country nationals (including seafarers) must apply for a visa at the
consulate of the Member State whose territory they want to enter into.
By way of a derogation, visas may also be issued at the external border of the
Member States.
b. The Member State competent for examining and deciding on an application for uniform visas
sThe following distinctions have to be made:
- Application for a uniform visa for a single entry
If the travel destination or visit is one Member State, that Member State’s consulate
must deal with the visa application.
If the travel destination or visit includes more than one Member State, the visa
application must be dealt with by the consulate of the main destination, notably the
Member State where the applicant intends to spend the longest time or where the
main purpose of his intended journey is carried out. However, if the main purpose of
the stay cannot be determined, the length of stay should be the criterion to determine
the Member State that must deal with the visa application.
If no main destination can be determined, the visa application should be dealt with
by the consulate of the Member State whose external border the applicant intends to
cross first.
Whilst no specific rule is foreseen for seafarers, it is suggested that in case of
seafarers wanting to embark a ship, the main destination would be the Member State
of enrolment of the seafarers.
- Application for a uniform visa for multiple entries
Generally, an application for a multiple entry visa should be dealt with by the Member
State that constitutes the usual main destination, notably the Member State of the
most frequent destination. However, in case there is no most frequent destination,
the visa application should be dealt with by the consulate of the Member State of the
first envisaged trip.
Application for a uniform visa for the purpose of transit
If the transit concerns one Member State, that Member State’s consulate must deal
with the visa application.
If the transit concerns several Member States, the consulate of the Member State
whose external border the applicant intends to cross first must deal with the visa
application.
However, for seafarers it is not always possible to determine in which Member State
he will start his transit because the shipping company that employs him often does
not know in advance on which ship going to which Member State he is to embark. It
is therefore recommended that Article 5 (2) (b) of the Visa Code is applied in a flexible
manner in case of seafarers known for their integrity and reliability (i.e. correct use
of previously issued visas). Hence, the consulate of each Member State where the
transit could possibly start, should deal with the visa application.
The visa applicant travels to several Member States of which some are
exempting him from a visa requirement
If the applicant travels to several Member States but some of them are exempting
him from a visa obligation, he should either apply for a visa in the Member State that
requires a visa (even if this Member State is only a “stop-over”) or – if several
Member States require a visa – in the Member State of first entry.
- The visa applicant travels to a Member State but this Member State does not
have a consulate in the applicant’s country
In principle, Member States are not obliged to accept visa applications that they are
not competent to examine and to decide upon.
If an application is lodged with the wrong Member State’s consulate, it will advise the
application thereof and inform him where to lodge the visa application.
In the absence of the normally competent Member State in his country, a visa
applicant can – by way of exception and for his individual case – go to the consulate
of another Member State and ask to examine and decide upon his visa application.
- Visa applications from applicants not residing in the jurisdiction of the
consulate
As a general rule, only visa applications from persons who reside legally in the
jurisdiction of the competent consulate should be accepted. This covers people that
are entitled to stay temporarily in that jurisdiction, while maintaining their permanent
residence in another third country.
However, a visa application may be accepted from a person legally present – but not
residing – in the jurisdiction of the consulate where the application is submitted
provided he can justify the reasons for doing so.
- Examination of visa applications by a Member State’s consulate situated in the
territory of another Member State
If a third country national (or seafarer) is legally present in the territory of a Member
State but he does not hold a document allowing him to circulate freely to another
Member State and – due to circumstances – he must ultimately travel to that other
Member State, he can apply for a visa at the consulate of that other Member State
located in the territory of the Member State where he is legally present.
c. The lodging of a visa application
When to lodge a visa application?
A visa application should in principle be lodged at least 15 calendar days before the
intended visit and cannot be lodged earlier than three months before the start of the
intended visit. It is the applicant’s responsibility to take the necessary precautions to
respect the deadlines where an appointment system is in place.
However, an application lodged less than 15 calendar days before the intended
departure may be accepted, but the applicant should be informed that the time to
process the visa may be of up to 15 calendar days.
If the applicant insists on lodging the visa application, he should be informed that the
final decision might be taken after the intended date of departure.
A holder of a multiple-entry visa may apply for a new visa before the expiry of the
validity of the visa currently held. However, the validity of the new visa must
complement the current visa, i.e. he cannot hold two uniform visas valid for the same
period in time.
Who should lodge the visa application?
(a) Personnel appearance of the visa applicant
Applicants should, as a general rule, submit a visa application in person at the
consulate, also when their fingerprints are to be collected. This personnel appearance
should, inter alia, allow the consular staff to ask questions about the purpose of the
applicants’ travel and documents submitted.
(b) Other parties or means to lodge the visa application
For applicants that are not first time applicants and that are known to the consulate
for their integrity and reliability, the requirement to appear in person may be waived.
Their visa application may either be submitted by a third person or be sent by post.
Accredited commercial intermediaries may also submit visa applications on behalf of
individuals, e.g. directly at the consulate, but they cannot collect fingerprints.
(c) An appointment system
Applicants may be required to obtain an appointment before submitting a visa
application. In justified cases of urgency, an appointment should be given
immediately or direct access for submitting the application should be allowed. Cases
of urgency are situations where the visa could not have been applied earlier for
reasons that could not have been foreseen by the applicant.
The deadline for obtaining an appointment should, as a rule, not exceed two weeks,
and Member States’ consulates should adapt this deadline to e.g. peak seasons.
A Member State’s consulate may establish a “fast track” procedure for the submission
of applications as regards certain categories of applicants.
(d) Interview of an applicant
Irrespective of where the application has been lodged and who has lodged it, visa
applicants may in justified cases be called for an interview at the consulate, notably
when the information and documentation available does not allow for taking a final
decision to either issue a visa or refuse an application.
d. Formalities for accepting a visa application
- Relevant documentation
To accept a visa application, the applicant must submit a completed and signed
application form, a valid travel document and a photograph must be submitted. In
addition, he must submit additional supportive documents. The number and type of
supporting documents depend on the purpose of the intended journey, the length
and destination of the intended journey and local circumstances.
In case of uniform visas, the applicant should provide evidence of the purpose of his
intended journey, of the fact whether he has accommodation or sufficient means to
cover his accommodation, and of the fact that he has sufficient means of subsistence,
both for the duration of the stay and for the return to the country of origin or
residence or for the transit. The supportive documents should also allow the
authorities to assess the applicant’s intention to leave the territory of the Member
States before the expiry of the visa he applied for.
Supportive documents that can be provided by seafarers are the seaman’s book, a
covering letter from the recruiting company stating their name and rank, or the
vessel’s name and arrival date in the port and the date that they join the vessel.
Member States decide which language(s) should be used for filling in the application
form and they should inform the applicants about this.
- Visa fee
The applicant must pay a visa fee, which – as a general rule – amounts to €60.
However, Member States may waive or reduce this fee in individual cases and for
certain categories of applicants.
The visa fee shall be charged in euro, in the national currency of the third country or
in the currency usually used in the third country where the application is lodged.
- Fingerprints or Visa Information System
Where applicable, the applicant’s fingerprints must be collected. However, the Visa
Information System (VIS) for the storage of data on visa applicants will gradually
become operational as well as the collection of biometric identifiers from applicants.
Biometric identifiers shall compromise a photograph of the applicant and his 10
fingerprints.
- Travel medical insurance
Applicants for a uniform visa for one or two entries shall evidence that they are in
possession of an adequate and valid travel medical insurance to cover any expenses
which might arise in relation to repatriation for medical reasons, urgent medical
attention and/or emergency hospital treatment or death, during their stay on the
territory of the Member States.
Applicants for a uniform visa for multiple entries shall evidence that they are in
possession of an adequate and valid travel medical insurance to cover their first
intended visit.
The minimum coverage of a travel medical insurance shall be € 30.000. The insurance
shall be valid throughout the territory of the Member States and cover the entire
period of the applicant’s intended stay or transit.
- Visa sticker
When the visa sticker is filled in, the mandatory entries set out in Annex VII of
Regulation 810/2009 shall be inserted and the machine-readable zone filled in as
provided for in ICAO document 9303, Part 2.
e. Admissibility of the visa application
The admissibility of a visa application should only be verified by the competent
consulate. If admissible, a stamp indicating this admissibility shall be placed in the
applicant’s travel document. This stamp shall be used until the VIS has become fully
operational in all regions.
If inadmissible, the applicant should be advised of this decision, all relevant
documents should be returned, and the visa fee should be reimbursed.
f. Decision on a visa application
A decision on a visa application shall be taken as soon as possible but it can take up
to 15 calendar days after the application has been considered admissible. However,
this period may be extended up to a maximum of 30 calendar days in individual cases
(e.g. further scrutiny of the application is needed), or – exceptionally – up to a
maximum of 60 calendar days (when additional documentation is needed in specific
cases).
g. Refusal of the visa
In case an applicant does not meet or fulfill the necessary conditions, a visa shall be
refused. Grounds for refusing a visa application are, inter alia, false travel documents,
lack of justification of the purpose and conditions of the intended stay, or absence of
proof of sufficient means of subsistence.
The decision and the reasons for a refusal shall be notified to the applicant. However,
the applicant has a right to appeal the decision to refuse his application.
h. Annulment
A visa shall be annulled where it becomes evident that the conditions for issuing it
were not met at the time when it was issued, in particular if there are serious grounds
for believing that the visa was fraudulently obtained.
A visa shall be revoked where it becomes evident that the conditions for issuing it
are no longer met. A visa may also be revoked at the request of the visa holder.
i. Rights derived from a uniform visa
A uniform visa shall not confer an automatic right of entry into a Member State.