Can I travel to Germany with my old passport that has a valid Schengen visa [closed]

Can I travel to Germany with my old passport that has a valid Schengen visa [closed] - Red and Gold Passport on White Textile

I'm an Indian National and have a valid Schengen visa issued from Switzerland - valid up to 23/08/2016.

Recently I got a new passport as my old passport ran out of pages. Now the valid Schengen visa is in my old passport.

I plan to travel to Germany from 19/08 through 22/08. Can I travel to Germany with my valid Schengen visa in old passport.



Best Answer

First, to address a problem in your question, you posted it on 26 August 2016, and you say you are asking about a valid Schengen visa, but you say that the visa's expiration date is 23 August 2016. That, of course, means that the visa is no longer valid, so your question is based on a false premise. Namely, your visa is not valid, and you cannot use it to travel.

If we ignore the example dates, though, we can still address the general question, which remains the same in this slightly broader form:

Can I travel to a Schengen country with my old passport that has a valid Schengen visa?

The answer is yes.

The Schengen Borders Code requires certain travelers to hold a valid visa, and to hold a valid passport (or other travel document), but it does not require that the valid visa be contained in the valid travel document. This was confirmed in 2014 by the European Court of Justice in case C-575/12:

On those grounds, the Court (Fourth Chamber) hereby rules:

  1. 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.

  2. 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.

  3. 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.

(Emphasis added)

The third point basically says that Schengen countries cannot impose an additional requirement that the visa be in a valid travel document.




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Can I use the valid Schengen visa in old passport?

Schengen visa is valid for the entire period of its validity. In case the passport is expired it is still valid but you must bring along also your new passport.

Does my visa become invalid if I change passport?

No, you do not need to apply for new visa. The visa will remain valid even if it is in your old, cancelled passport.

What shall I do if my passport expired but my visa is still valid?

If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism).

Can I travel with new passport and visa on old passport?

You do not have to transfer your visa. Simply present both the old passport with the still-current Indian visa and your new passport. I have entered India several times since my old passport expired.



France Denied/refused/deport to give entry on valid Schengen visa




More answers regarding can I travel to Germany with my old passport that has a valid Schengen visa [closed]

Answer 2

Your dates doesn't seem right. But expired passports doesn't necessarily mean expired visas. Just carry your old passport with you with the valid visa and I think that you should be fine.

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