Schengen Visa Annulment and Subsequent Removal

Schengen Visa Annulment and Subsequent Removal - Passport on Top of a Planner

I got my Schengen visa from the Italian Embassy in my country (Iran), but after that I changed my plan to go to Germany as my first entry. I traveled to Germany but unfortunately the Airport police of Germany annulled my visa and sent me back to my country.

What can I do to make clear it from my record?



Best Answer

Your Schengen was annulled and you were removed from the Schengen zone. You didn't give the reason for this, but there are only a few, four in fact. These are listed in the Visa Code, Article 34 and Annex VI

  1. A visa shall be annulled where it becomes evident that the conditions for issuing it were not met at the time when it was issued, in particular if there are serious grounds for believing that the visa was fraudulently obtained. A visa shall in principle be annulled by the competent authorities of the Member State which issued it. A visa may be annulled by the competent authorities of another Member State, in which case the authorities of the Member State that issued the visa shall be informed of such annulment.
  2. A visa shall be revoked where it becomes evident that the conditions for issuing it are no longer met. A visa shall in principle be revoked by the competent authorities of the Member State which issued it. A visa may be revoked by the competent authorities of another Member State, in which case the authorities of the Member State that issued the visa shall be informed of such revocation.
  3. A visa may be revoked at the request of the visa holder. The competent authorities of the Member States that issued the visa shall be informed of such revocation.
  4. Failure of the visa holder to produce, at the border, one or more of the supporting documents referred to in Article 14(3), shall not automatically lead to a decision to annul or revoke the visa.

Based upon the scant information you provided, it can be assumed they used the first reason "A visa shall be annulled where it becomes evident that the conditions for issuing it were not met at the time when it was issued, in particular if there are serious grounds for believing that the visa was fraudulently obtained." They will use this reason if you are not following through on your itinerary or cannot produce evidence that you will follow through on your itinerary.

Further to the comments given by Flimzy (to whom thanks), German border officials do not select someone randomly and remove them on a whim. To the contrary, they follow the rules with relentless precision and the rules call for them to brief you on the grounds for your removal and to be reasonably sure that you understand them.

  1. A visa holder whose visa has been annulled or revoked shall have the right to appeal, unless the visa was revoked at his request in accordance with paragraph 3. Appeals shall be conducted against the Member State that has taken the decision on the annulment or revocation and in accordance with the national law of that Member State. Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI.

What can I do to make clear it from my record?

When you were removed, they explained the reasons to you and gave you some paperwork. This will specify the options you have for appealing the annulment of your visa. You can read the paperwork directly or have a translation made for you. You will then have all of the information you need to launch an appeal. If they did not give you paperwork about the appeal process, it means your removal was on grounds that cannot be appealed.

That answers your question. As a strategic tip, you can consider that if they got you on something and went through the removal procedures their grounds are probably pretty solid and winning an appeal against removal will be a lengthy and costly process with little chance of success. This would be especially true if you do not understand why you were removed. What if they are right? So I'll provide another option...

A more convincing way to clear the record is to get another Schengen and perform against it in such a way that it is not annulled. This will allow you to claim that your removal was a one-off event which is unlikely to be repeated.

Adding 7 Oct 2015

Commentary by "Relaxed" (to whom thanks) has pointed out that...

It might be useful to highlight the fact that a visa should be annulled (as opposed to merely revoked) “if the conditions for issuing it were not met at the time when it was issued”, meaning that the border guards believe the OP did not merely change his plans after the fact but simply lied about his intents to get the visa.




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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.

Does the Schengen visa reset?

These days don't need to be consecutive \u2014 the total is cumulative. Once day 181 hits, the count resets itself. For example, if I come to the Schengen Area in January and stay for 60 days and then come back in June for 10 days, that counts as 70 days in 180 days.

Can I have 2 Schengen visas at the same time?

In theory, it is not possible for a person to hold two valid short stay visas covering the same period. I have a valid Schengen visa but it does not cover my next intended stay, what can I do? In this case, it is possible to file a visa application for another Schengen visa to cover the next intended stay entirely.

Can I exit from another Schengen country?

Yes, you can enter or exit from the Schengen area via a country other than the one you have a visa for, your port of entry or exit doesn't depend on the issuing country of your visa.



Documents Required for Europe Tourist Visa - Schengen Visa Documents, How to arrange and submit them




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