Are there any rule changes to using a Schengen visa in an expired passport?

I know this topic has been discussed on this forum previously, but I suppose there I might have been some latest changes. I have a valid Schengen visa, issued by the Slovak Republic, in my expired Indian passport which I wish to use to travel to Germany. I called VFS, and they said though historically it has been okay to travel with both expired and new passport. Recently, some countries in the Schengen area are recommending getting the visa transferred to the new passport or to apply for a new visa. I have the following questions:

1) Are there any recent developments in this matter?
2) Is it technically possible to get a visa "transferred" to a new passport?
3) Is it possible to have a new visa while still having a valid and active one?

Best Answer

That sounds to me like advice that VFS gives in the hope of increasing their own revenue. I would either ignore it or ask them to point to a specific country that is in fact making such a recommendation.

Is anyone aware of any recent developments in this matter?

I am not. The principle was firmly established by a court ruling, so a change is unlikely.

Is it technically possible to get a visa "transferred" to a new passport?

No. You can only apply for a new visa.

Is it possible to have a new visa while already have a valid and active one?

You cannot have two visas with overlapping validity. If you apply for a new visa, either it will be valid from the day after your existing visa expires, or a later date (which won't satisfy your requirement), or the existing visa will be revoked under the terms of Article 34 of the Schengen Visa Code.

If you are worried, you can always print a copy of the court ruling linked above and circle this text:

...the Court (Fourth Chamber) hereby rules:

On a proper construction of Articles 24(1) and 34 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), the cancellation of a travel document by an authority of a third country does not mean that the uniform visa affixed to that document is automatically invalidated.

On a proper construction of Article 5(1) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as amended by Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010, read in conjunction with Article 13(1) of Regulation No 562/2006, the entry of third-country nationals into the territory of Member States is not subject to the condition that, at the border check, the valid visa presented must necessarily be affixed to a valid travel document.

Article 5(1) of Regulation No 562/2006, as amended by Regulation No 265/2010, read in conjunction with Article 13(1) of Regulation No 562/2006, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which makes the entry of third-country nationals to the territory of the Member State concerned subject to the condition that, at the border check, the valid visa presented must necessarily be affixed to a valid travel document.