Revocation of Schengen visas
All information on the cancellation and revocation of Schengen visas in Germany.
Here you learn ...
what the cancellation and withdrawal of Schengen visas means
when Schengen visas can be revoked
what the procedure is for revoking Schengen visas
how you can defend yourself against a cancellation
Table of Content
1. Withdrawal and revocation of Schengen visa
2. When is a Schengen visa revoked?
3. How does the cancellation of Schengen visas work?
4. Rights of those affected by the revocation of a Schengen visa
5. Conclusion: Revocation of Schengen visas
1. Withdrawal and revocation of Schengen visa
The annulment or cancellation (withdrawal and revocation) of a Schengen visa is a significant interference with the right of residence of a third-country national and is usually carried out when the conditions for issuing the visa were not met from the outset or have subsequently ceased to apply . The legal basis is, in particular , Article 34 of the Visa Code , supplemented by national provisions such as the Administrative Procedure Act (VwVfG) . The aim of withdrawing or revoking a Schengen visa is to prevent an illegal stay in the Schengen area if the visa was issued wrongfully or has become invalid due to changed circumstances.
A Schengen visa can be annulled if it turns out that the requirements were not met at the time of issue – particularly in cases of fraudulent deception, such as through false information or falsified documents. In contrast, a visa can be revoked if the visa was originally issued lawfully, but a relevant requirement subsequently ceases to apply.
2. When is a Schengen visa revoked?
The annulment (or withdrawal or revocation) of a Schengen visa requires that, after the visa has been issued, a key condition for the visa's legality no longer applies . This is the case, for example, if the visa holder is listed in the Schengen Information System (SIS) for the purpose of refusing entry after the visa has been issued, or if they are deemed to pose a threat to public policy, security, or health within the meaning of Article 2(21) of the Schengen Borders Code . Such classifications are regularly made when relevant information is available from national security databases or when criminal incidents become known.
Further reasons for revocation arise from Article 32, paragraph 1 of the Visa Code , including a loss of willingness to return, insufficient financial means to secure a living, or false information subsequently discovered in the visa application. The visa may also be revoked at the request of the holder ( Article 34, paragraph 3 of the Visa Code ). Revocation must be carried out immediately after the relevant circumstances become known in order to legally prevent further use of the visa.
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3. How does the cancellation of Schengen visas work?
Responsibility for annulment and revocation (or withdrawal or revocation) generally lies with the German diplomatic mission abroad that issued the visa. In exceptional cases, other Schengen states, the federal police at the external border, or locally responsible immigration authorities may also take action (so-called administrative assistance). Procedurally, a hearing of the person concerned is particularly necessary before the decision is issued; this can be carried out later in urgent cases. In order to ensure immediate legal effect, immediate enforcement can be ordered pursuant to Section 80 (2) No. 4 of the Administrative Court Procedure Code (VwGO) – for example, if there is a public interest in immediately preventing entry. This order must be specifically justified and requires a proportionality test.
A key step is to notify the person concerned of the decision , either in person at the diplomatic mission abroad or, if necessary, by mail. Upon delivery, the visa is invalidated by crossing out, stamping, and destroying optical security features in the original passport to prevent misuse.
4. Rights of those affected by the revocation of a Schengen visa
If an issued Schengen visa is subsequently revoked, revoked, or withdrawn, this constitutes a burdensome administrative act that can have far-reaching consequences for you. However, you are not defenseless against this official intervention. Rather, you have various rights and legal remedies available to defend yourself against the revocation of your visa.
Article 34, paragraph 6 of the Visa Code also provides for a right to appeal: The person concerned may appeal the decision orfile a lawsuit directly with the administrative court . In Germany, the procedure is governed by the principles of the Administrative Procedure Act and the Administrative Court Act (VwGO). The applicant can have the legality of the annulment decision reviewed by a court, with proportionality and the right to be heard playing a key role. One of our lawyers would be happy to advise you on this matter.
Summary of this Page
The revocation of a Schengen visa is a serious step with direct implications for the freedom of travel and residence within the Schengen area. It usually occurs when, after the visa has been issued, it becomes apparent that a key requirement—such as willingness to return or compliance with security requirements—is no longer met. The legal basis is found in the Visa Code, the Administrative Procedure Act, and the Administrative Court Act. The decision to revoke a visa is made by the competent foreign mission or, in certain cases, the border or immigration authority. Those affected are not without rights when a Schengen visa is revoked: Article 34, Paragraph 6 of the Visa Code guarantees an effective legal remedy procedure that allows for both appeal and legal action. Anyone affected by a visa revocation should seek legal advice immediately in order to comply with deadlines and obtain a realistic assessment of the chances of success of the procedure.
