Conditions for issuing short-term visas (Schengen Visas)
The regulation (EC) No 810/2009 of the European Parliament and of the council of 13 July 2009 on a Community Code on Visas (Visa Code) forms the statutory basis under European Law in all Schengen countries for the issuing of visas for transit or short-term stays in the Schengen area up to the maximum of 90 days per 180 days.
In the Visa Code the binding conditions for issuing visas are laid down. The fulfilling of these conditions is checked by the diplomatic mission.
The issuing of visas is left to the discretion of the diplomatic mission competent for issuing the visa. It takes into account all circumstances of the individual case.
There is no claimable right on the issuing of a Schengen Visa.
The following conditions must be fulfilled for each applicant before the visa is issued:
- plausibility and checkability of the purpose for travelling in Germany,
- financing of costs of living and travel costs by own asset or income respectively,
- intention of the visa holder to leave the Schengen area before the expiry of the visa,
- proof of possession of a travel medical insurance with a minimum coverage of 30,000 Euros valid throughout the territory of the Schengen countries and the entire period of the intended stay.
If you are not able to prove the financing by yourself, it can be proved by providing a formal obligation according to §§ 66, 68 AufenthG by a third person. This formal obligation generally has to be provided by the obligated party to the Alien Department of your residence.
The visa is refused to persons, whose entry to the Schengen area is a threat to the security or public policy of the Schengen countries or who does not meet one or more of the required conditions listed above.
If the visa application is refused, the applicant is informed about the significant reasons for refusal. Every applicant has the right to appeal against the decision of the diplomatic mission.
Based on Regulation 265/2010 holders of a national visa (visa of “D” category) and valid travel documents have the right of free movement for no more than three months in a six months period inside the Schengen area.