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Schengen Visa- First port of entry.

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Old Jun 5, 2013 | 2:00 pm
  #1  
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Schengen Visa- First port of entry.

Hi All.


Can someone clarify if that rule still exists. A family member has an Italian tourist multiple entry Schengen visa that they never used but it's still hasn't expired. Could she travel to France on a holiday using that Schengen visa?

Reason why I ask is that someone said that the rule has recently been changed and that requirement no longer exist.


Thanks in advance!
nbusin is offline  
Old Jun 6, 2013 | 1:43 am
  #2  
 
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What rule?
It is likely your family member is entitled to enter the Schengen area visa free for 90 days in 180 like many in the world, but without knowing what passport he/she holds or the recent history......
I can only presume this is what you refer to as a 'multiple entry Schengen visa'.
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Old Jun 6, 2013 | 3:02 am
  #3  
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Why do we need to know the person's nationality? They're clearly a "visa national", otherwise they wouldn't have had to apply for a visa. "Visa national" is all we need to know.

nbusin, just to confirm - your relative obtained her Schengen visa from the Italian embassy/consulate because at the time of application she was planning to visit Italy, or to visit a number of European countries starting in Italy. The original trip didn't happen, but she is now planning to visit France and her visa is still valid. Is that correct?

The rule is that one must apply for one's visa at the country that is the main destination OR the first point of entry if there is no main destination. (It was always an "either/or"). This rule is, primarily, about the application process - to spread the workload between the various embassies/consulates, and to stop people from flocking to embassies that are known to be a "soft touch".

Once a visa has been obtained it is valid for travel anywhere in the Schengen area, and if it's a multiple entry visa then I think it is understood and accepted that subsequent trips may be to different countries. You can't hold more than one Schengen visa at the same time, so if your relative is now planning to visit France then her existing visa is the one she will need to use.

Chances are they won't ask any question. If they do then should give an honest answer (i.e., she shouldn't lie about being on her way to Italy if she isn't). Tell the truth - "I was going to visit Italy last month but my trip got cancelled"
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Old Jun 6, 2013 | 3:55 am
  #4  
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Just be aware that although you most likely will be OK, if they enforced the rules very strictly you are required to apply for a new visa when your travel plans change, eg apply at the France consulate-embassy if thats where your first entry will be.

So if you dont want to take any changes do that, or just fly to Italy and then continue to France.
RTW1 is offline  
Old Jun 9, 2013 | 12:03 pm
  #5  
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Originally Posted by RTW1
Just be aware that although you most likely will be OK, if they enforced the rules very strictly you are required to apply for a new visa when your travel plans change, eg apply at the France consulate-embassy if thats where your first entry will be.
No, that is simply not the case when a multiple entry visa is issued (as is the situation here). So long as there was no misrepresentation or concealment of material facts during the application process, and that there has not been a significant change in circumstances since the application, the visa continues to be legitimately valid to enter any Schengen state at any time during its validity.

In the case of a single entry visa, obviously there is a narrower interpretation, and in that case it would be required to NOTIFY the issuing consulate of the change in plans (and not apply for a new visa). It is not possible to apply for a second Schengen visa while an existing Schengen visa remains unused.
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Old Jun 9, 2013 | 12:39 pm
  #6  
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I'm quite sure there was a post here for someone in the same situation a while ago traveling on LH... The rules are somewhat vague and it was ruled that the first use of the visum should be for the country that had issued the visum.

You're probably right that a simple notification of a change, documented of course, would prevent any problems.

You only need one that interprets the rules more strictly and you will be screwed. Although as I said before, that's highly unlikely. But being right and still getting refused will also get you nowhere.
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