The Schengen short-stay visa explained

Do you want to invite your parents to visit you in the Netherlands? Or has your friend's Schengen visa application been denied? What are your options? Everaert Advocaten, a respected expert in Dutch migration law, explains.

If you want to visit the Netherlands, the first question to answer is: do I need a Schengen visa? Most non-EU nationals are required to have a Schengen visa to enter the Schengen area, which includes the Netherlands. Regulation (EU) 2018/1806 lists the countries whose nationals must get a visa and those whose nationals are exempt. For example, nationals of Australia, the US, the UK, and most countries in South America, are exempt.

The limitations of a Schengen visa

A Schengen visa can be obtained for a maximum of 90 days. In general, the first Schengen visa you obtain will be a single-entry visa. With this visa, you can travel from outside the Schengen area to the Netherlands once.

However, if you have previously obtained a Schengen visa and did not overstay, you can apply for a multiple entry visa the next time. A multiple entry visa has a longer duration and allows you to travel freely to the Netherlands, as long as your stay in the Schengen area does not exceed 90 days within a 180-day period.

This refers to your total stay, whether that is 90 consecutive days or 90 days spread out over multiple trips. If you do not require a Schengen visa, the same 90-days-within-180-days rule applies to you.

The requirements to get a Schengen visa

To be eligible for a Schengen visa, the following conditions apply:

1. Valid passport: Your passport must be valid for at least three months after your planned departure from the Schengen area.
2. Proof of legal residence: You need to provide evidence of legal residency in the country from which you are applying, such as a passport or residence permit. The residence permit should remain valid for at least three months beyond your planned departure from the Schengen area.
3. Purpose of travel: You must clearly specify the purpose of your trip (tourism, business, visiting family/friends, other) and provide documents supporting the purpose of your journey.
4. Financial resources: You need to show that you have sufficient funds to cover your stay and return journey. You should have at least 55 euros per person, per day. This can be demonstrated through recent salary slips (from the last three months) or bank statements. Alternatively, financial support from a guarantor is also acceptable.
5. Accommodation: You need to provide documentation confirming where you will be staying during your visit.
6. Travel insurance: You must obtain travel insurance that covers at least 30.000 euros in medical emergencies for the duration of your stay in the Schengen area.
7. Proof of travel: You must submit travel reservations showing both your flight to and from the Schengen area.
8. Intention to return: You must provide documents that demonstrate your intention to leave the Schengen area before your visa expires. This requirement addresses concerns that you may not return to your country of origin or residence after the visa period ends. To prove your social and economic ties, consider submitting the following documents:
   • Provide evidence of stable employment or a reliable source of income. This can include an employment contract, recent salary slips, an employer’s declaration, and bank statements showing your salary deposits.
   • Submit compelling documentation that demonstrates your strong ties to your home country. This could include proof of family relationships, social responsibilities, or other obligations that ensure your return. It can be advantageous to leave family members behind, such as a spouse and/or minor children, as this provides strong evidence of your intention to return.
   • Include documentation of any property or assets you own in your country of residence, which helps to further establish your intention to return.

What if your Schengen visa application is refused?

The most frequent reasons for the rejection of a Schengen visa application include:

• Justification for the purpose and conditions of the intended stay was not provided (refer to point 3 above).
• You have not provided proof of sufficient means of subsistence for the duration of the intended stay or for the return to the county of origin or residence (refer to point 4 above).
• There are reasonable doubts as to your intention to leave the territory of the Member State before the expiry of the visa (refer to point 8 above).

Rejection letters often use standard language and may not specify the exact reasons for the refusal. In such cases, it’s important to object to the decision and request your visa file from the embassy or consulate, which will include an internal memo detailing the specific grounds for the decision.

You have the right to appeal the rejection within four weeks from the date of the refusal letter. This appeal process allows you to contest the decision and provide additional information or documentation to support your case.

Everaert Advocaten is available to assist you throughout this objection process. If you need more information about the Schengen visa application process or assistance with the objection procedure, feel free to contact Anne Wijffelman, attorney-at-law, at wijffelman@everaert.nl.