Success: Applied for new Schengen while I had a valid one

[Pinkflamy]

Hi all,

I thought I'd share my success story as I found contradictory information when faced with this dilemma.

SItuation:
I am in the UK on ILR.
I had a Multiple entry, 6 month Schengen issued by France, which expired on 26 Dec 2014. I wanted to travel to Spain from 23 Dec 2014 to 2 Jan 2015. I therefor needed a new Schengen to cover either the whole period, or the period from 27 Dec 2014.

I remember people telling me that you have to get your current Schengen cancelled and apply for a new one. I also found this advice on various websites. This is NOT TRUE. You do NOT have to cancel anything!!

The EU Handbook for the processing of visa applications and the modification of issued visas (19.3.2010) section 3.1. states specifically that:

A holder of a multiple-entry visa may apply for a new visa before the expiry of the validity of the visa currently held. However, the validity of the new visa must complement the current visa, i.e. a person cannot hold two uniform visas valid for the same period in time.

It goes on to give an example:

Example: A Moroccan lawyer representing a gender equality NGO who frequently participates in meetings in various Member States holds a multiple-entry-visa which expires on 31.5. She applies for a new visa on 15.4.
If a new visa is issued, it should be valid from 1.6. and in such a case the visa holder would be entitled to enter the territory of the Member States on the basis of the first visa that will expire during the stay and leave on the basis of the new visa

Link to the EU handbook:
http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

I first tried to get an appointment directly at the Spanish embassy, as I thought it might be easier considering my special situation. I wrote to them requesting an appointment, but they replied saying they had 'none available' for the timeframe I specified - even though it was 7 weeks before my trip!

I then made an appointment at the Spanish VFS centre in London. I had a covering letter with me, explaining the situation, as well as a copy of the EU Handbook (only the relevant chapter, not the whole 117 pages!).

At first the VFS agent missed the fact that I had a current visa. After I had paid, I asked whether I should include the covering letter. She flipped out. She realised her mistake in not noticing I had a current valid visa and wanted to reject my application and give me my money back. I insisted, and showed her the relevant paragraph of the EU Handbook. She stormed off to discuss it with her manager. She returned after about ten minutes with her manager. They both said I was wrong, that the rule would only count if my trip started on the 27 Dec 2014 - even though the example given in the handbook does not say that - it explained exactly my situation!

I insisted that they take my application. Of course they made me sign a waiver stating that they had advised against it and that I might lose my money. I insisted.

In the end I submitted my Shengen application, with all the usual documents needed, and the following:
- A covering letter naming the EU Handbook paragraph
- A copy of the relevant section of the EU Handbook (duly highlighted!)

Three days later I collected my passport with an approved visa, valid from 27 Dec 2014. It was a single entry - but that is the subject of a whole different conversation. I could have my Christmas holidays in Spain!

[Donutz]

Spain and all other embassies must allow for direct requests for applications and grant them within 2 weeks of the request. It's called right of direct access and covered by article 17 of the Visa Code. An explination can be found on the EU Home Affairs website, the second -smaller- handbook. Thus the Spanish violated Schengen rules.

And as you found out, going through VFS gave you hassle, they are simple paper shovlers and not good for anything but the most basic of applications. Wrong information and being reluctant is a big nono. They could have (wrongly!!) said "we do not think you are eligable but if you insist we will forward the application". Thus you were made to pay a service fee even though VFS is entirely optional and the Spanish refused to scale up to grand you an application within 2 weeks plus terrible service at VFS.

You may wish to share your experience with the Spanish embassy, EU Home Affairs and EU representative in the UK ("EU embassy" who holds regular meetings with all EU members including about visas).

Edit: besides even if you had a single entry visa from France, the Spanish would have cancelled that one and issued a Spanish one for the requested date. So VFS would have been wrong regardless: wrong info and wrong to refuse accepting the application (they have no right to decline any visa request, they are a glorified postbox).