Schengen area entry point rules when no visa is needed [duplicate]

Schengen area entry point rules when no visa is needed [duplicate] - Interior of corridor in light apartment

It is said that when requesting a short stay Schengen visa you must follow this rule:

You must apply for a visa in the representation of the Schengen country in which lies the main reason/purpose of your trip or the representation of the Schengen country where you will remain longer. If the length of stay is the same for many countries, you need to apply in the representation of the Schengen country where you will arrive first.

However, if my country starts to take part of the visa waiver program, do I need to follow the same rule from above and even if a visa is not needed anymore?

It seems that embassies are very picky with this (at least with visa applicants) but I wonder what to expect when no visa is needed you arrive in one of these Schengen countries.



Best Answer

As others have said, the rule you cite is for deciding which country should evaluate a traveler's Schengen visa application. For travelers who do not require a Schengen visa, the rule is irrelevant.

As you note,

embassies are very picky with this

But not "at least when processing visa applications"; they're picky about the rule only when processing applications, since that's what the rule is about.

The remainder of your question depends on incorrect assumptions or inferences about the Schengen visa rules.

it is well-known that you normally need to arrive in the country where your Schengen visa was issued

That's not true. It is a common misconception that you need to arrive in the country that issued your visa. In fact, such a rule would be completely illogical in the face of the visa-application rules, and inconsistent with them.

Consider the example of someone who plans to fly to Rome, spend a couple of days in Italy, then travel to France and spend three weeks there, then return to Rome for a couple of days before flying back home. Under the visa rules, that person must apply at the French consulate. All other consulates must refuse the application.

A rule requiring the person to enter through France would be completely incompatible with the rule requiring application to the main destination country. If the Schengen area wanted to have such a rule, then the rule for determining the country of application would be "you must apply to the country where you will first enter the Schengen area." But that's not the rule, of course.

otherwise you will be changing your itinerary

See the previous example. You would be changing your itinerary only if you submitted an itinerary where you enter your main destination directly. But these are not the only acceptable itineraries. You can apply with an itinerary where you enter through another country, and then when you arrive at that country, you are not in fact changing your itinerary.

For example, when having a Schengen visa issued by France and then entering the Schengen area through Italy (since France it's not your main destination anymore and you applied through it before, it could be interpreted as if you wanted to go Italy from scratch instead of France, which is a visa fraud)

Again with the previous example: The Italian border guards can ask you to prove that France is your main destination when you enter, but they can't deny entry simply because you arrive in Italy with a visa issued by France. When you show them that your application presented an itinerary beginning in Italy, along with evidence of your onward travel to and sojourn in France, they will let you in.

So, if I decide to visit France for 10 days and The Netherlands for 5 days, do I need to follow the "rule" where I SHOULD arrive in the main destination country? (in this case, France) or I am free to go through The Netherlands first even if I am spending less days there (remember that border officers could ask for itinerary/hotel reservations).

Since there is no such rule, you don't need to follow it. As a visa-free national, you can follow this itinerary just the same as you would be able to follow it holding a visa issued by France. Remember, if you were pursuing this itinerary as a visa national, you would be required to apply to the French consulate even though you are first spending five days in the Netherlands.




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How long can you stay in the Schengen area without a visa?

2. How long can I stay without a visa in the Schengen area? You can stay 90 days in any 180-day period within the Schengen area.

Can I apply for double entry Schengen visa?

Schengen visas allow to make one-entry, two-entries or multi-entries. With one-entry visa you can travel the Schengen area only once.

What is double entry Schengen visa?

A double-entry visa (\u201c2\u201d on the visa sticker): allows its holder to enter the Schengen area twice during the validity period of the visa. You can thus leave the Schengen area and re-enter it during that period of time. The second time you leave the area, your visa expires.

Can I leaving Schengen area and returning?

Once you leave, you cannot return to Spain (or Schengen) without a visa until a further 90 days have gone by. For example, if you have spent 90 days in total in Spain and leave on June 29th, you cannot go back without a visa until at least September 28th.



Schengen Visa Country Of First Entry - What Are The Rules?




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