HERE YOU LEARN ...
... what a Schengen visa is (tourist visa, business visa)
... under what conditions you can apply for a Schengen visa
... which documents are required to apply for a Schengen visa
.. how the application process for a Schengen visa works
Written by:
lawyer
Publication date:
07.03.2024
Reading time
7 mins
Table of Content
1. What is a Schengen visa?
2. Requirements for a Schengen visa
3. Apply for a Schengen visa in 2024
3.1 Responsibility for Schengen visa
3.2 Necessary documents Schengen visa
3.3 Costs and processing time for Schengen visa
3.4 Remonstration and legal proceedings Schengen visa
4. Schengen visa extension
5. Multi-Entry Schengen Visa
6. FAQ (Schengen visa)
1. What is a Schengen visa
The Schengen visa is a residence permit that allows entry and short-term stay in Germany. The Schengen visa is usually issued for up to 90 days. It can also be issued for a longer period, but this does not necessarily mean that a stay of more than 90 days is permitted. In this respect, a stay of up to 90 days in a period of 180 days is permitted, which either means that the applicant can choose the entry and arrival date or that multiple entries and exits are possible (so-called multi-entry Schengen visa).
Schengen visas can be issued for many different purposes. However, what almost all versions of the Schengen visa have in common is that gainful employment (in particular dependent employment) is not permitted. In principle, the Schengen visa can also be applied for in order to pursue gainful employment (so-called hybrid visa), but special permission from the Federal Employment Agency is required for this. There are exceptions to this rule, however (e.g. for business trips (see below)).
In most cases, the Schengen visa is issued for one of the following purposes:
Tourism,
Visit visa (e.g. family members),
Cultural and sporting events,
Trade fair visits,
business trips.
Depending on the type of Schengen visa, different requirements must be met and different documents must be submitted to the embassy.
Schengen visa to visit
Schengen visas are often issued to visit friends and family or for tourist purposes. However, you should first determine whether you, as a national of your country, actually need a Schengen visa for tourist purposes. For example, travelers from the USA and the United Kingdom are generally exempt from the visa requirement for visits and can stay in Germany without a Schengen visa. However, the passport requirement naturally also applies in these cases. You can find out whether nationals of your country need a Schengen visa to enter Germany in the Foreign Office's overview of visa exemption .
Accordingly, travelers from the following countries in particular need a Schengen visa if they want to visit relatives in Germany or go on holiday here:
Egypt
China
India
Iran
Qatar
Kosovo
Kuwait
Russia
Saudi Arabia
South Africa
Thailand
Türkiye.
If you come from one of the countries mentioned, you must apply for the Schengen visa at the relevant embassy. In principle, the embassy closest to your place of residence is responsible. Details on the jurisdiction, the application process and the required documents can be found on the homepage of the embassy responsible for you. A list of all German embassy websites can be found on the website of the Federal Foreign Office .
Schengen visa for work
The Schengen visa is often used for short-term business trips (e.g. for formal meetings and trade fair visits). In principle, a national visa is required for such activities, as the Schengen visa does not usually allow you to work in Germany. However, the legislature has made an exception for business trips (so-called non-employment fiction). It should be noted, however, that these exceptions really only apply to business trips. If activities are carried out that no longer constitute a business trip but dependent employment, the limits of a business trip are exceeded. In this case, it is illegal work, which automatically makes staying in Germany illegal. There is a risk of high fines and, in serious cases, a ban on entering Germany.
In principle, only the following activities may be carried out during a business trip:
formal meetings and contract negotiations
Trade fair visits
Attendance of company training courses and seminars
To ensure that it is really a business trip and not already work, a job description or an invitation letter describing the planned work activities should be enclosed with the Schengen visa application. The embassy will then use the description to check whether a special work permit is necessary or whether the business trip can be carried out with a normal Schengen visa. If in doubt, a lawyer specializing in immigration law can also advise you on this.
2. Requirements for Schengen visa
The requirements for issuing a Schengen visa are generally based on the purpose of your stay. First of all, you must meet the general requirements for issuing a visa, in particular you must have a valid passport. In addition, you must always be able to prove that you can support yourself in Germany. This includes, in particular, valid and recognized (travel) health insurance, proof of accommodation and enough money to finance yourself during your stay in Germany. In many countries, the embassies also require the applicant to prove that they will leave Germany again (so-called willingness to return). For example, a return ticket or similar proof must often be presented. In some countries (particularly Pakistan), the embassies usually require additional proof, such as a valid employment contract in the country of origin. Finally, the visa application must always be “plausible” (i.e. credible). In Asian and African countries in particular, the Schengen visa is often used for illegal immigration, which is why the embassies here pay particular attention to the authenticity of documents and contradictions in the application. Even small errors in the documents can lead to a total blockade by the embassy staff, which in case of doubt can only be resolved by a German court with the help of a lawyer specializing in visa law.
Finally, it is always a requirement that the visa application is "plausible" (i.e. credible). In Asian and African countries in particular, the Schengen visa is often used for illegal immigration, which is why the embassies here pay particular attention to the authenticity of documents and contradictions in the application. Even small errors in the documents can lead to a total blockade by the embassy staff, which in case of doubt can only be resolved by a German court with the help of a lawyer specializing in visa law.
If you come from a country with a high "migration pressure", it is advisable to prepare the application particularly well. If in doubt, you should also consult a lawyer specializing in migration law.
If in doubt, it is advisable to consult a lawyer specializing in immigration law when submitting your visa application.
3. Apply for a Schengen visa in 2023
3.1 Responsibility for Schengen visa
If you want to apply for a Schengen visa for Germany, you must first determine which embassies are responsible for your application. In Schengen law, this is basically based on which country is your (final) destination. If you have several destinations, the main destination (i.e. the focus of your stay) is decisive. If a main destination cannot be determined (e.g. for musicians on tour), the country in which you first enter the Schengen area is responsible.
Once you have determined which country is responsible for your application for a Schengen visa, you must determine the embassy authority responsible for you. This is usually the embassy in your country of origin that is closest to your place of residence. If you are not in your country of origin, the embassy of the country in which you are staying is usually responsible (if you have a valid residence permit for that country). If you are a third-country national already residing in the Schengen area, you can also apply for a Schengen visa in the country of residence.
3.2 Necessary documents Schengen visa
You can usually find out which documents are required for your application on the homepage of the embassy responsible for you. The more closely you follow the instructions on the embassy's website, the more likely you are to have your application processed quickly and approved.
Apply for a Schengen visa in Great Britain
In Great Britain, the jurisdiction of the German embassies depends on your place of residence. The boundaries of jurisdiction when applying for a Schengen visa in Great Britain can be found on the German Embassy's Consular District Map .
In the UK, the following documents are required to apply for a visa:
VIDEX form (Schengen),
valid passport,
Copy of the passport data page,
ID card and proof of residence (for third-country nationals: proof of a residence permit for Great Britain),
biometric passport photo,
booked return ticket,
Travel health insurance,
Hotel reservation,
Proof of financial means or declaration of commitment,
Employment contract (if applicable),
Invitation letter (if business trip).
You can find the VIDEX application on the website of the Federal Foreign Office . The application must be filled out and signed and then presented at the visa appointment. The external service provider TLScontact is responsible for booking appointments for Schengen visas in Great Britain . Appointments for Schengen visas cannot be booked at the embassy in Great Britain.
3.3 Costs and processing time
The costs and processing time vary greatly depending on the embassy and country. In Great Britain it is currently very difficult to get an appointment to apply for a Schengen visa. As a rule, the visa should therefore be applied for six months before the start of the trip. Although it is possible to speed up the processing time with the help of a lawyer specializing in immigration law, the legal steps involved are associated with considerable financial expenditure.
3.4 Remonstration and legal proceedings
As a rule, Schengen visas are approved if the application does not contain any significant errors. If the visa application is incorrect, a rejection notice is issued. In most cases, Schengen visas are rejected due to a lack of willingness to return (especially in Pakistan). It also often happens that applicants list activities in their employer's invitation letter for which they actually need a work permit (i.e. it is no longer a business trip). In these cases, the application is rejected due to the failure to present a work permit in Germany.
If your application for a Schengen visa is rejected, you usually have one month to appeal against the rejection. Within this time, you must file a so-called remonstration. As part of the remonstration process, your application will be reviewed again. If the remonstration is also rejected, you can appeal against the remonstration decision at the Berlin Administrative Court. As a rule, it is advisable to hire a lawyer to carry out the remonstration process.
3.4 Remonstration and legal proceedings
As a rule, Schengen visas are approved if the application does not contain any significant errors. If the visa application is incorrect, a rejection notice is issued. In most cases, Schengen visas are rejected due to a lack of willingness to return (especially in Pakistan). It also often happens that applicants list activities in their employer's invitation letter for which they actually need a work permit (i.e. it is no longer a business trip). In these cases, the application is rejected due to the failure to present a work permit in Germany.
If your application for a Schengen visa is rejected, you usually have one month to appeal against the rejection. Within this time, you must file a so-called remonstration. As part of the remonstration process, your application will be reviewed again. If the remonstration is also rejected, you can appeal against the remonstration decision at the Berlin Administrative Court. As a rule, it is advisable to hire a lawyer to carry out the remonstration process.
4. Extension of a Schengen visa (Germany)
The extension of a Schengen visa in Germany is generally possible, but is often difficult due to the actual purpose of the visa as a short stay of up to 90 days. A longer stay contradicts the nature of the Schengen visa, which is why the requirements for an extension are strict.
According to Section 6 Paragraph 2 of the Residence Act (AufenthG), an extension of the Schengen visa for a further 90 days can be granted under certain conditions. These conditions are based on Article 33 of the Visa Code and include:
Force majeure: Unforeseeable events such as natural disasters or political crises that make a return journey impossible.
Humanitarian reasons: Urgent personal or health reasons that require an extension.
Serious personal reasons: Individual, special circumstances that make immediate departure unreasonable.
In addition, the Schengen visa can be extended for a further 90 days if special interests of the Federal Republic of Germany or reasons of international law so require (Section 6 Paragraph 2 Sentence 2 of the Residence Act).
The extension of a Schengen visa costs 30 euros. The immigration authority of the member state in whose territory the applicant is located at the time of application is responsible for processing the extension application. The extension is documented by the issue of a new visa sticker.
Is an extension of the Schengen visa necessary?
Before submitting an application, however, applicants should carefully consider whether an extension of the visa is actually necessary. In many cases, the desired legal effects can also be achieved by applying for a fictitious certificate, which makes it possible to legalize the stay beyond the original visa term. As a rule, obtaining a fictitious certificate is much easier than extending a Schengen visa. You can find more information on this in our VisaGuard Guide to fictitious certificates.
Is an extension of the Schengen visa necessary?
Before submitting an application, however, applicants should carefully consider whether an extension of the visa is actually necessary. In many cases, the desired legal effects can also be achieved by applying for a fictitious certificate, which makes it possible to legalize the stay beyond the original visa term. As a rule, obtaining a fictitious certificate is much easier than extending a Schengen visa. You can find more information on this in our VisaGuard Guide to fictitious certificates.
5. Multi-Entry Schengen Visa
Many people ask themselves whether they can apply for a so-called multi-entry Schengen visa. This special visa allows multiple entries into the Schengen area and thus offers an ideal solution for people who have to commute to the EU on a regular basis.
According to the Visa Code, the multi-entry Schengen visa can be issued for a period of validity between six months and five years (Article 24, paragraph 2 of the Visa Code). It offers the flexibility to enter the Schengen area multiple times, which is particularly useful for business people, members of the civil service and other frequent travelers.
Requirements for the Multi-Entry Schengen Visa
To obtain a multi-entry Schengen visa, applicants must meet certain requirements:
Proof of frequent and/or regular travel: The applicant must prove that he or she has to travel frequently to the Schengen area for work or family reasons. Business people in particular benefit from this visa as it allows them to conduct their international business without unnecessary bureaucratic hurdles.
Integrity and reliability: The applicant must prove his or her integrity and reliability. This includes, in particular, proof that he or she has used previous uniform visas correctly, i.e. that he or she has always left the Schengen area in good time after the visa expired.
The multi-entry Schengen visa is aimed primarily at so-called bona fide applicants – people who are considered trustworthy and have used their visas correctly in the past.
Important note: Travel health insurance required
Travel health insurance is also mandatory for a multi-entry Schengen visa. This insurance must cover the entire period of stay in the Schengen area and may need to be renewed each time you enter the country. It is therefore important that applicants take this point into account when planning their trips.
The Multi-Entry Schengen visa offers a flexible and convenient solution for frequent travelers, but it also requires careful preparation and the fulfillment of strict requirements. If you need to travel to the Schengen area on a regular basis, this visa could be the ideal option for you.
6. FAQ (Schengen visa)
Can I work with a Schengen visa?
No, the Schengen visa does not generally allow you to work (Section 6 Paragraph 2a of the Residence Act). The only exception to this is the so-called "Schengen hybrid visa" and activities that are not considered to be employment (e.g. business trips and trade fair visits).
How do I get a Schengen hybrid visa to work?
A hybrid visa can be issued if a legal basis is available that allows short-term work in Germany and does not require a minimum working time (such as the EU Blue Card).
Which countries are part of the Schengen area?
The Schengen area comprises 27 European countries that have signed the Schengen Agreement. The member states include Germany, France, Italy, Spain, the Netherlands, Belgium, Luxembourg, Austria and the Scandinavian countries. Non-EU countries such as Switzerland, Norway, Iceland and Liechtenstein are also part of the Schengen area. A detailed list of all Schengen countries can be found on the website of the Federal Foreign Office .
Is Germany part of the Schengen area?
Yes, Germany is part of the Schengen area. As a member of the Schengen Agreement, Germany allows visa-free entry for citizens of other Schengen states and standardizes visa regulations for third-country nationals.
How long can you stay in the Schengen area with a Schengen visa?
With a Schengen visa, you can stay in the Schengen area for a maximum of 90 days within a 180-day period. These 90 days can be spent in one go or spread over several stays.
What are the requirements for applying for a Schengen visa?
The requirements for applying for a Schengen visa include proof of sufficient financial resources, travel health insurance and proof of the purpose of the trip.
Can you travel to any Schengen country with a Schengen visa?
Yes, with a Schengen visa you can travel to all countries in the Schengen area, regardless of which Schengen state issued the visa. However, the main stay should be in the country that issued the visa.
What is a multi-entry Schengen visa?
A multi-entry Schengen visa allows the holder to enter the Schengen area multiple times. It can be issued for a period of validity between six months and five years and is particularly suitable for business people, frequent travelers and bona fide applicants.
Do you need travel health insurance for a Schengen visa?
Yes, proof of travel health insurance is mandatory when applying for a Schengen visa. This insurance must have a minimum coverage amount of 30,000 euros and cover all Schengen countries. It must cover the entire cost of emergency treatment, hospital stays and repatriation costs within the Schengen area.
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Infographic Schengen borders and participating countries (EU Commission)
Legal basis for Schengen visas: Visa Code (Regulation (EC) No 810/2009)
Legal basis for Schengen border controls: Schengen Borders Code (Regulation (EU) 2016/399)
Legal basis for Schengen administration: Schengen Implementation Convention (SIC)
