a. Basic principles for issuing a visa at the border
In exceptional cases and provided that certain conditions are met, visas may be
issued at the external border, notably when the applicant can explain that for
unforeseeable and imperative reasons he has been unable to apply for a visa in
advance. The border control authorities may require that the unforeseeable and
imperative reasons need for entry to be justified by documentation.
The general rules for examining and taking decisions apply in case of visa applications
at the external border, notably:
- Presentation of a filled and signed application form;
- Presentation of a valid travel document;
- Presentation of a photograph;
- Collection of biometric data, where applicable;
- Collection of the visa fee
- Presentation of supporting documents, including proof of unforeseeable and
imperative reasons for entry;
- Presentation of proof of possession of adequate and valid travel medical
insurance, except if this requirement has been waived;
- Filling in of the visa sticker,
When a visa application has been examined and the entry conditions for obtaining a
uniform visa are considered to be fulfilled, the uniform visa may be issued.
However, if the entry conditions are not fulfilled, it should be assessed whether the
circumstances justify an exceptional derogation from the general rule and allow the
issuing of a visa with a limited territorial validity. If a derogation from the general
rule is not justified, the visa shall be refused.
Additionally, the visa shall be refused at the border if the applicant cannot provide
proof of unforeseeable and imperative reasons for entry.
In case of refusal of a visa at the border, the border authority must notify and
motivate its decision to the applicant and substantiate the reasons for such refusal.
An important distinction has to be made between refusal of entry and refusal of a
visa at the border. The rules on refusal of entry are set out in the Schengen Border
Code. The rules on refusal of a visa – whether at the border or not – are set out in
the Visa Code.
b. Types of visas at the external border
- Uniform visas
A visa issued at the external border shall be a uniform visa, entitling the holder to
stay for a maximum duration of 15 days, depending on the purpose and conditions
of the intended stay. In case of transit, the length of the authorised stay shall
correspond to the time needed for the purpose of the transit.
- Visas with limited territorial validity
Generally a visa should not be issued at the border to a third country national who is
subject to prior consultation. In some cases it is, however, decided to issue a visa
with limited territorial validity at the border, e.g. to a seafarer who has been recruited
with short notice and who is of a nationality for whom prior consultation is required).
If the seafarer will enter the Schengen area in a Member State different from the one
where the vessel that he is to sign on to, it is, subject to the consent of (an)other
Member State(s), be necessary to extend the territorial validity of the LTV to cover
both Member States.