deleted

[factone]

[Punjab]

usually they say that you should visit the country first which had issue you the visa. now there was a thread somewhere here that easyjet guys have not allowed a guy to board a flight because he didnt go to the country which ssued him the visa first.

anyways cutting the chase... YOU can go to other place and you should have no problem. its not written in the book.

if you are question by the checkin agents that have you been to the country first which has issued you the visa then you either can tell them NO or said its non of your business to question as long as you have a valid visa.

I had german visa but insted of going to germany first i had to go to hungary. I sent an email to german embassy telling them my honesty that i wont be travelling to germany first.

they sent me an email back that A valid Schengen visa enables the holder to travel to any Schengen
country at any time within its validity
Germany does not have to be your port of first entry.

so i was fine..


just its always good to be on the safe side.. in case IO in other schengen country will question then you can tell them no you havent visited sweden first but you have make them aware about it and they have no problem with it...

ta

[eldane]

YOU can go to other place and you should have no problem. its not written in the book.

Yes, it is written in the book...

There are rules http://eur-lex.europa.eu/LexUriServ/Lex ... 058:EN:PDF

Member State competent for examining and deciding on an application
1. The Member State competent for examining and deciding on an application for a uniform visa shall be:
(a) the Member State whose territory constitutes the sole destination of the visit(s);
(b) if the visit includes more than one destination, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length or purpose of stay; or
(c) if no main destination can be determined, the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States.

So, as the visa is issued by Sweden and the main destination is Sweden there is nothing that hinders the traveller to go to Belgium first as long as the main destination (i.e the place where the visa holder will stay the longest) is the issuing country.

What will happen if it is not? One may be refused visas in the future.

[ca.funke]

What you need to understand is the underlying principle:

A visa does not give a right to enter, it only allows you to present yourself at the border! It is still the borderguard who decides if you may enter.

Obviously he cannot decide as he likes, he has to follow some rules.

These rules can be summarised as follows:

• Why does the applicant want to come?
• Does the applicant have a right to enter?
  • As a family member of an EEA citizen you have a right to enter!
  • in this case you´re done after proving your family-ties, no further questions allowed...
• If you have no right to enter, it is the borderguard´s task to verify that your story is true, and that you will leave the country when the visa expires...
• For the latter, it is good if the visa you applied for matches your story.
• That´s also why you should carry all the papers that you used in the application with you when travelling...(verification)
• However, in this case it concerns a family-member of an EEA-citizen. First of all you wouldn´t necessarily need a visa. Secondly, since you already have a right of entry anyway (because of the family ties), you can enter Schengen whereever you want...

[cs95tdg]

Member State competent for examining and deciding on an application
1. The Member State competent for examining and deciding on an application for a uniform visa shall be:
(a) the Member State whose territory constitutes the sole destination of the visit(s);
(b) if the visit includes more than one destination, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length or purpose of stay;or
(c) if no main destination can be determined, the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States.

I have a question on the above (it's not related to the original post, but rather something that I questioned after reading the first response), and am asking this because my interpretation is somewhat different to the response provided by the person who posted the previous response.

When reading the statement underlined in bold I understood this to be a rule/guideline followed by the consulate to determine whether they will accept or approve a visa application submitted by an applicant (E.g. if the applicant states that their destination is France and submits an application to the German Consulate, then the German consulate would not accept the application & ask the applicant to submit an application to the French Consulate instead or simply reject it...). And not as what happens at the time a Schengen Visa holder attempts to enter a Schengen border. Have I interpreted this incorrectly here?

[EUsmileWEallsmile]

E.g. if the applicant states that their destination is France and submits an application to the German Consulate, then the German consulate would not accept the application & ask the applicant to submit an application to the French Consulate instead or simply reject it...

I think they are likely to decline to accept it unless they've agreed to act as the postbox for France (some embassies share resources eg Denmark / Iceland).

[ca.funke]

...When reading the statement underlined in bold I understood this to be a rule/guideline followed by the consulate to determine whether they will accept or approve a visa application submitted by an applicant...

Hi cs95tdg,

from the Emabssy´s side, it´s first about "accepting to deal with the application at all", later about whether to approve it.

Once you have the visa, you still need to travel, and that´s when my (previous) statement comes in.

It´s pure logic:

1. you need to apply for the visa
2. the visa has to be approved
3. you need to travel, and be practically admitted at the border

If either of the above does not work, you will in practice not travel.

Hope I´m making sense now, if not, just ask

Rgds, Christian

[factone]

many thnaks for the replies .
what would be best for them if they want to visit the belgium first shall they send the passport to belgium embassy and ask for another schengen visa . they already got the schengen visa so how beligium embassy can issue them another visa or can they do it .
and another surprising thing was what i want to share is the schengen visa says
issued on 18/05/2012
valid from 24/05/2012
valid till 05/09/2012
duration 90 days but in fact its 105 days in total and i have read in other thread these days they are issuing tight visa days they only applied for 45 days.

[cs95tdg]

...When reading the statement underlined in bold I understood this to be a rule/guideline followed by the consulate to determine whether they will accept or approve a visa application submitted by an applicant...

Hi cs95tdg,

from the Emabssy´s side, it´s first about "accepting to deal with the application at all", later about whether to approve it.

Once you have the visa, you still need to travel, and that´s when my (previous) statement comes in.

It´s pure logic:

1. you need to apply for the visa
2. the visa has to be approved
3. you need to travel, and be practically admitted at the border

If either of the above does not work, you will in practice not travel.

Hope I´m making sense now, if not, just ask

Rgds, Christian

Hi Christian, The question I raised was in fact related to the post by "eldane" where a specific immigration rule/guideline was quoted about how an application is examined and decided, whereas the original post was about entry at a Schengen border (or rather what would happen if the border of entry changed from that originally stated in the application). Either way, I do agree with what you had mentioned in your original post and the obvious logic you have outlined here.

[cs95tdg]

many thnaks for the replies .
what would be best for them if they want to visit the belgium first shall they send the passport to belgium embassy and ask for another schengen visa . they already got the schengen visa so how beligium embassy can issue them another visa or can they do it .
and another surprising thing was what i want to share is the schengen visa says
issued on 18/05/2012
valid from 24/05/2012
valid till 05/09/2012
duration 90 days but in fact its 105 days in total and i have read in other thread these days they are issuing tight visa days they only applied for 45 days.

Based on Christian's response & sticky post below, if your friend's spouse is a EEA citizen he doesn't actually require a Schengen visa to enter Belgium or Sweden as he will have the right to enter any Schengen state (High-lighted in bold in the quote below). I understand however that this rule is true only if they are travelling together.

http://www.immigrationboards.com/viewtopic.php?t=95372
http://eumovement.wordpress.com/directive-200438ec/

What you need to understand is the underlying principle:

A visa does not give a right to enter, it only allows you to present yourself at the border! It is still the borderguard who decides if you may enter.

Obviously he cannot decide as he likes, he has to follow some rules.

These rules can be summarised as follows:

• Why does the applicant want to come?
• Does the applicant have a right to enter?
  • As a family member of an EEA citizen you have a right to enter!
  • in this case you´re done after proving your family-ties, no further questions allowed...
• If you have no right to enter, it is the borderguard´s task to verify that your story is true, and that you will leave the country when the visa expires...
• For the latter, it is good if the visa you applied for matches your story.
• That´s also why you should carry all the papers that you used in the application with you when travelling...(verification)
• However, in this case it concerns a family-member of an EEA-citizen. First of all you wouldn´t necessarily need a visa. Secondly, since you already have a right of entry anyway (because of the family ties), you can enter Schengen whereever you want...

[factone]

many thaks for the replies again.
and as the visa says schengenstater which means schengen states i think it will be ok for them to travel any where in the schengen states they have been told by the travel agent today and the forum was realy helpfull as well
now can you please let us know once they are in sweden is it easy to get the residence card for non eu spouse so he can work over there as they will be moving to sweden with about 3 thousand euro and they dont want to run out of money so they have to work and eu national got health problem for a while untill she recovers which can take about month or so how non eu spouse can work it says eu family member can work straight away in sweden but as he got visit visa it will be difficult for him to prove to employer.
they have downloaded residence card form as well . is it necessary for residence permit to be issued that eu national is already working .
thanks again