schengen visa query....

[ptk_05@yahoo.co.uk]

hi, i am married to an albanian, we applied for a schengen visa through the belgium embassy although we are actually travelling to spain. we tried to apply via the spanish embassy as they had suggested we do so 3-4 weeks before travel but have now been told the waiting time is 7 weeks. so we applied for a schengen through the belgian embassy in london and the visa will be ready in 48 hours, however in order to apply for a schengen visa at the belgium embassy we had to purchase eurostar tickets and hotel bookings which we showed them. my main q is - will we still be able to travel to spain??? without actually visiting belgium 1st?? this has been so stressful and we are desperate to get to spain as it is our 1st holiday together and is for a special bday. please help..

thank you for your comments, however as i said above we did buy eurostar tickets and hotel accommodation which we took to the belgian embassy, will this not help????.

[VictoriaS]

Yes, you can. The visa is valid for travel anywhere in the Schengen area.

Victoria

[Dawie]

Yes, you can. The visa is valid for travel anywhere in the Schengen area.

Victoria

With respect, this is slightly wrong. There is no doubt you will be able to visit Spain with a valid Belgium-issued Schengen visa. However Schengen country embassies are very strict about misusing their visas and require you to at least have used the visa to visit the country that issued the visa. They do not tolerate what they call "visa shopping" by people after Schengen visas.

If in the future you apply for a schengen visa at the Belgian, or any other Schengen country embassy, and they see that you misused the visa by never actually going to Belgium you stand a very good chance of being blacklisted and not being able to obtain any further Schengen visas for a period of time.

So I suggest you go to Belgium with the visa before going to Spain or after, it doesn't matter, as long as you actually DO go to Belgium and have proof of it.

[Shan12]

I would agree with what Dawie has said. If I recall, not too long ago , there was a case on the boards where someone was refused a schengen visa as they had also done the visa shopping route.

[Siggi]

Yes, I concure with Dawie & Shan 12.

The Schengen rules , state that the first port of entry must be the country from whom you have received the Schengen visa.

Whilst you will have no problems using your Belguim issued Schengen on entrie into Spain, without visiting Belguim first.
If you apply for another Schengen visa in the future they may reject it on grounds of Schengen rule abuse.

The other thing to say, is if you have a 6 month multi entry Schengen issused say from Belguim and in the 6 months you go to Spain France Italy and a few other Schengen States, make sure that you visit Belguim for 60% of all Schengen visits, otherwise you are in breach again of the rules.

[magsi23]

And what has this got to do with General UK Immigration Forum exactly?

[Siggi]

Why don't you stop mouning and try to contribute to the forum?

[VictoriaS]

The Schengen rules , state that the first port of entry must be the country from whom you have received the Schengen visa.

Whilst you will have no problems using your Belguim issued Schengen on entrie into Spain, without visiting Belguim first.
If you apply for another Schengen visa in the future they may reject it on grounds of Schengen rule abuse.

The other thing to say, is if you have a 6 month multi entry Schengen issused say from Belguim and in the 6 months you go to Spain France Italy and a few other Schengen States, make sure that you visit Belguim for 60% of all Schengen visits, otherwise you are in breach again of the rules.

Can you quote the legislation on this please.

Victoria

[magsi23]

Why don't you stop mouning and try to contribute to the forum?

Siggi

Did i rattle your cage?

And also its Moaning not Mouning

[Siggi]

Victoria,
Sorry I can't quote the legislation section, however if you read both the French and the Belguims requirements for Schengen visa's it is very clear.
Further more as a person who has had 10 or 12 Schengen visa's issued to me over the last 15 odd years, I do know the in and out's and how sticky it can become if you ignore the rules laid out by the Schengen states.

[Shan12]

From the French Embassy website:

Can I use my Schengen visa, issued by the French Consulate, to travel to Spain?
A Schengen visa allows its holder to travel freely within the Schengen Space. So, as long as you were granted a multiple entry Schengen visa and that it is still valid, you may travel to the other Schengen countries. However, please note that you should always apply at the consulate of your main destination, so ensure you do travel to France with the Schengen visa the French Consulate has issued you.


http://www.consulfrance-londres.org/art ... rticle=324

[John]

But I am not even sure that the quote from the French website is correct, or complete! The rules say that you apply to the country which is your main destination, but go on to say that if there is no main destination, you apply to the country you will first enter.

The problem as regards the example mentioned above, how would Belgium know, unless they ask, if the visa was used to visit that country? That is, if someone travel on the train, or ferry, to France, and then on to Belgium, which is indeed their main destination, there would be no stamps in the passport to show that, given the totally open border, for example, on the road from Calais into Belgium.

[Dawie]

But I am not even sure that the quote from the French website is correct, or complete! The rules say that you apply to the country which is your main destination, but go on to say that if there is no main destination, you apply to the country you will first enter.

The problem as regards the example mentioned above, how would Belgium know, unless they ask, if the visa was used to visit that country? That is, if someone travel on the train, or ferry, to France, and then on to Belgium, which is indeed their main destination, there would be no stamps in the passport to show that, given the totally open border, for example, on the road from Calais into Belgium.

John, if the Belgium embassy had any doubt as to whether the visa was misused or not, the onus of proof would be on the visa holder to prove that he went to Belgium, not on the Belgian embassy to prove that he did not. From what I've heard from friends who have been accused of misusing their Schengen visas, the embassies are ruthless on this.

Furthermore there is no conceivable way anymore (although there used to be) to travel to Belgium overland or by train without at least being stamped by the French authorities at Waterloo or at Dover where they have juxtoposed controls. Sometimes they have a second line of control at Brussels Midi station as well on arrival with the Eurostar.

Failing this, you would have to prove that you were in Belgium with something like your bank statements, for example, showing that you used your debit or credit card there.

[Shan12]

But I am not even sure that the quote from the French website is correct, or complete! The rules say that you apply to the country which is your main destination, but go on to say that if there is no main destination, you apply to the country you will first enter.

The problem as regards the example mentioned above, how would Belgium know, unless they ask, if the visa was used to visit that country? That is, if someone travel on the train, or ferry, to France, and then on to Belgium, which is indeed their main destination, there would be no stamps in the passport to show that, given the totally open border, for example, on the road from Calais into Belgium.

This is also on the French Embassy website: http://www.consulfrance-londres.org/art ... rticle=323

Do you need a schengen visa issued by the French authorities ?
You may apply for a visa at the French Consulate General only if :

France is your main destination, i.e. you are travelling to France only or you will be spending more time in France than in any other Schengen country during your trip.

You are transiting through the Schengen States and France is the first country you are transiting through.

The decision and the validity of the visa will be based on your itinerary after study of your application.

If you can identify your situation in any of the above, please apply for your Schengen visa at the French Consulate General.> Link with the differents types of visas issued by the French Consulate General

NB: You should apply for your visa at the French Consulate of your country of residence. In exceptional cases only, the French Consulate in London may process your application.

If your main destination or first country of entry IS NOT France, please apply at the appropriate Consulate:


Off the Belgian Website: http://www.diplomatie.be/london/default ... =10&mnu=36

Consular services

SCHENGEN VISA INFORMATION


New visa procedure since 26 April 2007

To meet the increasing demand, while maintaining high standards of service, the Embassy of Belgium opened its “Visa Application Centreâ€