Schengen eligibility following a removal and visa cancellation
I have a Schengen multiple entry visa. Last week I travelled to Rome, Italy but I forgot to reserve a hotel. They ask me about a hotel or invitation letter; I didn't have either but I showed him my cash money, yet they denied me entry in Rome. Then I'm back in Qatar then I ask with consulate then they told me your visa is cancelled. Now I want to know can I apply new Schengen visa soon? Italy or other country? My nationality in Indian
Best Answer
As I understand it, you were issued a Schengen and travelled to Italy. During your landing interview you were challenged for proof of accommodation and you could not provide it, instead you said you had forgotten to make reservations. You were then removed to your original departure destination. In a subsequent enquiry at the issuing post you were informed that your visa had been cancelled.
If I understand your narrative correctly, then the obvious starting point is your forgetting to make accommodation arrangements. Forgetfulness of this magnitude is an indicator that points to several possibilities:
- That you may not be a genuine traveller; or
- More alarmingly, that you expect to die before needing accommodation; or
- That your situational awareness is unstable to the extent that you may forget other aspects of your visit like observing the terms and conditions of your visa; or
- That your visa may be a forgery.
The border officials do not need hard facts, they are entitled to act on indications and hence you were removed. As part of the process, they gave you some paperwork that has your reference number and summary of the grounds for your removal. Hang on to it, you will need it later.
Your questions...
Now I want to know can I apply new Schengen visa soon ?
The terms of your removal, if any, will be spelled out in your paperwork, but overall there is no mandatory cooling off period following a Schengen removal. My personal view on it is that you were not in breach and hence this was not a grave incident warranting a ban. On the other hand, these things have a huge effect on whether subsequent applications will be successful. It's likely that the Schengen officials will not trust you for a while which casts an unfavourable outlook on your suitability, but nothing you wrote about prevents you from applying again. Check your paperwork.
Italy or other country ?
The procedures governing which consulate is appropriate for making an application have not changed, you can apply to any country where your agenda meets the rules (first country, most time, and so on). This includes Italy. Note that they have computer systems in place to record removals and to help detect 'visa shopping'.
If you have lost your paperwork (or don't remember getting it) or have lots of questions about your suitability, you should arrange a consultation with a lawyer that specialises in Schengen removals.
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When can I come back to Schengen?
Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.How do you get around the 90 day rule Schengen?
Well, you can tour around different Schengen member states like France, Spain, or Germany and by the time you hit your 90-day limit, go and hop over to a non-Schengen European country like Croatia, UK, North Macedonia, or Turkey to wait until you hit the 181st day so that you can come back to the Schengen Area again.Can I leave the Schengen Zone and come back?
If you leave the Schengen Zone, your time doesn't reset so it is really important that you keep track of how long you're in the Schengen Zone. If you're in the Schengen Zone for 90 days consecutively, you must leave after 90 days and can't return for another 90 days!Can I stay in Schengen Area after my visa expires?
If you apply after your visa expires, even just a day later, then you will be deported for overstaying your visa, despite of your reasons. Therefore, take care to apply at least a week before your current Schengen short-stay visa expires.Schengen Area: How does it Work? (Visa, Residence Permit)
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