Regulation (EC) No. 810/2009 (Visa Code)
 Regulation (EC) No. 810/2009 |
|
|---|---|
| Title: | Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 on a Community Visa Code |
| Short title: | Visa Code |
| Scope: | EEA and Switzerland , excluding Great Britain and Ireland and (still) excluding Bulgaria , Croatia , Romania , Cyprus |
| Legal matter: | Immigration law |
| Basis: | EGV , in particular Art. 62 No. 2 lit a and lit. b no. ii |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| To be used from: | April 5, 2010 |
| Last change by: | Regulation (EU) 2019/1155 |
|
Effective date of the last change: |
August 1, 2019 |
| Reference: | OJ L 243 of 15.9.2009, pp. 1-58 |
| Full text |
Consolidated version (not official) basic version |
| Regulation has entered into force and is applicable. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Visa Code is a regulation of the European Union. He governs visa procedures for third-country nationals contained in the Schengen area for a short time to enter and plan to stay there.
Scope, entry into force
The Visa Code applies in the so-called Schengen area . This area is not identical to the borders of the European Union . Great Britain and Ireland do not belong to the Schengen zone within the European Union . In Bulgaria , Romania and Cyprus the Visa Code applies in principle; however, these states have not yet joined the Schengen area and are therefore not yet full users. Denmark has opted to apply the Visa Code and implemented its provisions in national law; it therefore also applies there.
In addition, the Visa Code applies in the countries of the European Economic Area that are not also member states of the EU, i.e. in Iceland , Liechtenstein and Norway . The Visa Code also applies in Switzerland .
The Visa Code came into force on October 5, 2009, has been in force (mostly) since April 5, 2010 and has been amended three times since it was first promulgated.
Objectives of the regulation
The Visa Code creates uniform regulations for the Schengen area on the issuing and the procedure for issuing visas abroad. It is intended to consolidate and develop the existing Schengen acquis on entry regulations. Its purpose is to facilitate legal travel and to combat illegal immigration. The Visa Code has replaced the Common Consular Instructions (GKI) , an administrative regulation of the European Union.
It provides that, in principle, every member state abroad is represented by its own mission - and where that is not possible - by the mission of another member state. It also regulates transit through the transit zones of the airports in the Schengen area.
content
Material scope and definition of terms
The first title describes the material scope of application (Article 1): The regulation regulates the visa procedure and the requirements for issuing visas for transit through the Member States or for planned stays in the Member States of a maximum of 90 days in any 180-day period. The article also expressly refers to third-country nationals who are subject to a visa requirement under the EU visa regulation .
Article 2 defines certain terms used in the regulation.
Transit visa
In the second title it is determined which nationals of which countries also need a transit visa for the transit area and in which cases exceptions are possible. Citizens of Ethiopia , Afghanistan , Bangladesh , Eritrea , Ghana , Iran , Iraq , Democratic Republic of the Congo , Nigeria , Pakistan , Somalia and Sri Lanka are affected by the transit visa requirement (Article 3 in conjunction with Appendix IV). According to Article 3 (2), the Member States have the power to expand the catalog of airport transit persons for their area, including Germany with regard to nationals from India , certain nationals from Jordan , all nationals of Lebanon , Mali , Sudan , South Sudan and Syria as well as most nationals of Turkey made use of it.
Competent authority and visa requirements
The third title (Articles 4 to 47) defines the procedure and requirements for issuing a visa.
Official responsibilities
The first chapter (Articles 4 to 8) defines the authority's responsibilities. According to Article 4, visa applications are to be sent regularly to the consulates . Article 5 lays down a sequence which is responsible among several consulates of the states of the Schengen area. As a rule, this is the country of the main travel destination. The consulate at the applicant's place of residence has territorial jurisdiction (Article 6). Third-country nationals who have a right of residence in one Member State but who need a visa to enter another Member State apply for the visa in the country of the main destination (Article 7). Article 8 empowers the Member States to conclude representation agreements through which another Member State takes over its powers to process applications.
Application modalities
A second chapter (Articles 9 to 17) regulates the application modalities. According to Article 9, visas can be applied for at the earliest three months before the start of the journey. As a rule, an appointment must be made with the consulate. The applicant must appear there in person. In addition to the travel document ( passport ), a photo and, if necessary, proof of travel health insurance , the applicant must submit the completed application form and provide fingerprints (Article 10). A separate application must be completed for each traveler, including for each accompanying child (Article 11). The travel document must be valid for three months after the planned departure (Article 12). The photo is stored digitally and fingerprints are taken from all ten fingers, but only from people 12 years and older. The recorded fingerprints can be used for subsequent visa applications for five years (Article 13). Evidence must be provided of the purpose of the trip and sufficient travel funds. Appendix II contains a list of supporting documents that the consulate may request for this purpose, e.g. B. Invitations from business partners and private hosts, tickets to trade fairs and congresses , confirmations from educational institutions (for students ), travel documents and bank statements to prove financial resources or the existence of an employment relationship , possibly also a declaration of cost assumption by a third party (Article 14). The detailed requirements for travel health insurance are regulated in Article 15. In addition, a visa fee must be paid, which is 60 euros for adults and 35 euros for children between the ages of six and 12. Nothing has to be paid for younger children. There are also numerous exemptions from the visa fee (Article 16). If the visa is applied for using an external service provider, an additional service fee must be paid to them. The amount of this fee is contractually agreed and does not exceed half of the visa fee (Article 17).
Examination of the visa application and decision
The third chapter (Articles 18 to 23) deals with the examination of the application and the decision on the issue of a visa. First of all, the consulate has to check whether it is factually responsible. It will return the documents and refund the visa fee if another consulate has to process the application. It refers the applicant there (Article 18). Otherwise, it will check whether all the necessary documents have been submitted and will query the Visa Information System (VIS) (Article 19). If the application is admissible, a stamp of the application is entered on the travel document (Article 20). In terms of content, the consulate uses the submitted documents to check whether there is a risk of illegal immigration, whether the applicant poses a risk to the security of the member states and whether he intends to leave the Schengen area again before the expiry of the period of validity. To do this, a query is made in the Schengen Information System (SIS), in which entry bans for a member state or for the entire Schengen area are entered. The examination of an application is based in particular on the authenticity and trustworthiness of the documents submitted by the applicant and the truthfulness and credibility of his statements. If a visa application was previously rejected, this does not automatically mean that a new application is rejected (Article 21). With the exception of the airport transit visa, there is a general obligation to consult the authorities of the other Member States if they have requested it (Article 22). The applicant will receive notification of the decision no later than 15 days, in individual cases within 30 days of submitting the application (Article 23).
Visa types and sticker
The fourth chapter (Articles 24 to 32) deals with the different types of visas and details about the visa sticker.
The period of validity of the visa is basically determined by the stated purpose of the trip. The visa can also be issued for multiple entries; then it is valid for more than six months and a maximum of five years. This form is particularly suitable for people who are forced to travel frequently and / or regularly for professional or family reasons and whose integrity and reliability, in particular with regard to visas issued previously, have been proven. If the visa is valid for the entire Schengen area, it is referred to as a uniform visa (so-called C visa ). In German national law, this visa is called the Schengen visa .
If the member state for humanitarian reasons, for reasons of national interest or due to international obligations it is necessary to waive the general entry requirements of the Schengen Borders Code or has another member state consulted objected to the issuing of a uniform visa, or should the 90 day limit for the validity of a If the uniform visa is exceeded, the visa is spatially restricted - as a rule to the state that issues the visa (Article 25). In German law, this visa is called a national visa (so-called D visa ).
If the visa is only valid for the area of the international transit zones of the airports in the member states, it is referred to as an airport transit visa , also in German national law. An airport transit visa can also be issued as a multiple visa; then it is valid for a maximum of six months.
The visa is generally created automatically with a machine-readable zone, so that handwritten changes are not permitted. The content of a visa is specified in Annex VII; the Member State may only make its own comments in the "Comments" section (Article 27). A frequent entry in this field is the purpose of the trip. Incorrectly drawn up visas that have not yet been affixed to the travel document will be invalidated, and incorrect visas affixed to the travel document will be crossed out (Article 28). Article 29 regulates exactly where the visa sticker is affixed to the travel document. There it is also regulated that the visa is affixed on a separate sheet and not in the travel document if the issuing state does not recognize the travel document.
The mere possession of a visa does not automatically entitle to entry (Article 30). A Member State may require its authorities to be informed of the visas issued by the consulates of other Member States to nationals of certain third countries or to certain groups of nationals of these countries (Article 31).
The application is rejected and the visa is refused,
- if the submitted travel document is false or falsified,
- the purpose of the trip and the conditions of stay are not explained,
- there is insufficient livelihood security,
- the maximum length of stay of 90 days has already been reached within 180 days,
- the applicant for refusal of entry is posted in the SIS,
- the applicant poses a threat to public order, internal security or public health, or
- there is no adequate travel health insurance, if necessary,
or if there are reasonable doubts as to the authenticity of the evidence submitted by the applicant or the veracity of their content, the credibility of his statements or the stated intention to leave the territory of the Member States before the expiry of the validity of the visa applied for.
Contrary to current international practice, the reasons for the rejection are communicated in writing and there is the possibility of a judicial review by the courts of the state whose consulate has rejected the visa.
Extension and cancellation of a visa
The fifth chapter (Articles 33 and 34) deals with the extension of the validity and the cancellation of an issued visa.
A visa can be extended if the competent authority of a Member State is of the opinion that a visa holder has demonstrated the existence of force majeure or humanitarian reasons which prevent him from entering the Schengen area before the expiry of the visa or before it expires to leave the permitted length of stay. Such an extension is free of charge (Article 33 (1)). A visa can also be extended if the visa holder proves serious personal reasons that justify an extension of the period of validity or the length of stay. Such an extension costs 30 euros (Article 33 (2)). The extension of a visa takes place in all cases in the form of a visa sticker.
Issued visas can be canceled or revoked. According to Article 34, Paragraph 1, the term “ cancellation” is used if it turns out that the requirements for its issue were not met at the time of issue, especially if the visa was obtained through fraudulent misrepresentation. In German administrative law, this process is referred to as withdrawal . According to Article 34, paragraph 2, the visa is revoked if the requirements for the issuance of the visa are no longer met or if the visa holder requests this. In German administrative law, this process is referred to as revocation .
Cancellation or rescission is permitted by the authorities of the issuing country, but also by another member state, which must inform the issuing country. Failure to present individual proofs of the purpose of the journey at the border does not automatically lead to cancellation or cancellation (Article 34 paragraph 4). If a visa is canceled or revoked, a stamp with the words “CANCELED” or “REVISED” is applied and the optically variable feature of the visa sticker, the security feature “tilting effect” and the term “visa” are made invalid by crossing out (Article 34 Paragraph 5 ). The visa holder has an appeal against both decisions.
Visa issuance at the border
The sixth chapter (Articles 35 and 36) regulates the issuing of visas at the external borders. A visa can only be issued at the border in exceptional cases, e.g. B. if it was not possible for the applicant to apply for a visa in advance and, if necessary, assert unpredictable compelling reasons for entry by submitting supporting documents. In this case, a uniform visa will be issued for a maximum of 15 days. If all entry requirements are not met, a spatially restricted visa can be issued, which is only valid for the issuing Member State.
For seafarers, there are simplified options for obtaining a visa for registration, re-registration or registration (Article 36). For details → main article muster (seaman's law) .
Administration and organization of the visa application
Articles 37 to 47 regulate the administration and organization of the visa procedure in the fourth title.
In principle, Article 37 obliges the Member States to rotate staff in direct contact with applicants on a regular basis in order to avoid pressure being exerted on staff on the ground. Access to the VIS and the SIS and other confidential information is limited to a limited number of authorized officials. To prevent fraud or loss of visa stickers, the visa stickers are securely stored and used. Each consulate keeps a record of its inventory of visa stickers and registers the use of each individual visa sticker. The consulates of the member states have to archive all visa applications for two years.
Article 38 lays down details of the professional competencies of the staff. Article 39 imposes certain rules of conduct on consulate officers in dealing with applicants. Article 40 leaves the organization of the application procedure, including the involvement of external service providers, to the Member States. Article 41 regulates the details of the procedure when a Member State makes use of the facilities of the consulate of another Member State, Article 42 provides for the involvement of honorary consuls . Article 43 regulates the framework under which external service providers participate in the visa procedure. When concluding such contracts, care must be taken to prevent visa shopping opportunities . Article 44 sets data protection requirements for the member state that has taken on the processing of applications for another when handling the data of the state represented. Article 45 also allows Member States to work with commercial intermediaries. Annual statistics are to be compiled on issued visas (Article 46). In addition, the Member States must make all relevant information on applying for a visa public (Article 47), including on a common website.
On-site collaboration
The fifth title, which consists of Article 48, provides for local Schengen cooperation . The consulates of the Schengen countries inform each other at one location and adapt their requirements for the issuing of visas to the respective local conditions in order to achieve uniform application of the common visa policy and to avoid “visa shopping” and unequal treatment of visa applicants.
Transitional and final provisions
Title six (Articles 49 to 58) contains transitional and final provisions, including on the issue of visas for members of the Olympic family to participate in the Olympic Games and the Paralympic Games if a Member State hosts these Games.
literature
- Holger Winkelmann: Commentary on the Visa Code , migrationsrecht.net , (PDF; 6.9 MB), accessed on November 1, 2015.
Web links
- Regulation (EC) No. 810/2009 (Visa Code) in the consolidated version of October 18, 2013 (PDF; 1.1 MB), accessed on September 23, 2015
Individual evidence
- ↑ See recitals 36 and 37 of the regulation.
- ↑ For the background cf. Recital 31 of the regulation.
-
↑ Changes by
- Commission Regulation (EU) No. 977/2011 of October 3, 2011 (OJ L 258 of October 4, 2011, p. 9),
- Regulation (EU) No. 154/2012 of the European Parliament and of the Council of February 15, 2012 (OJ L 58 of February 29, 2012, p. 3)
- Regulation (EU) No. 610/2013 of the European Parliament and of the Council of June 26, 2013 (OJ L 182 of June 29, 2013, p. 1).
- ↑ See recital 3 of the regulation.
- ↑ See § 26 AufenthV i. V. with Annex C .
- ↑ See section 6 subs. 1 no. 1 and subs. 2 AufenthG. The Visa Code only uses the term Schengen visa on the application form.
- ↑ See Section 6, Paragraph 3 of the Residence Act.
- ↑ See Section 6, Paragraph 1, No. 2 of the Residence Act.
- ↑ E.g. "Tourist", "Only for family reunification", "Only for study purposes".
- ↑ See Section 48 of the Administrative Procedure Act .
- ↑ See Section 49 of the Administrative Procedure Act .
- ↑ See recital 14 of the regulation.
- ↑ See recital 23 of the regulation.
- ↑ See recital 18 of the regulation.
- ↑ See recital 27 of the regulation.
