A Schengen visa is the short-stay permit allowing a foreign national to stay in the Schengen area for at most ninety days in any period of one hundred and eighty, for instance for tourism, family visits or business.
Legal basis
Regulation (EC) No 810/2009, the Visa Code, governs the application and the grounds for refusal; Regulation (EU) 2016/399, the Schengen Borders Code, governs entry conditions. The application is filed with the consulate of the Member State of main destination, in principle no earlier than six months and no later than fifteen days before departure. The assessment covers whether the purpose of travel is plausible, whether there are sufficient means, whether travel insurance is in place, and whether the risk of settlement can be excluded. For family visits a guarantee and accommodation declaration from a sponsor in the Netherlands is often required, making that sponsor liable for the costs. A refusal can be challenged under Article 32 of the Visa Code by objection to the minister and then appeal to the district court.
How it works in practice
The most common ground for refusal is that the intention to return in good time could not be established. A strong file shows ties with the country of origin: employment, property, family, earlier trips completed properly. For the sponsor in the Netherlands the guarantee is no formality: it can lead to liability for the costs of stay, medical care and return.
Where it goes wrong
Applicants file a thin dossier with only an invitation, without evidence of means and ties. A second error is miscalculating the ninety in one hundred and eighty day rule, producing unlawful stay. Third, the period for objecting after a refusal is missed.
Related terms
The visa sits alongside the provisional residence permit for long stays, and connects to the entry ban.
Has a visa been refused? Our immigration lawyers prepare the objection.
