Validity of a Schengan Visa?

[SRAQAI]

I know this may sound like a simple question, but does anyone know how long a person has to use the visa once they get it? Do they have a year to enter Europe? Or less?

I know that the length of time you can stay in europe is 3 months on a short stay visa .... I just need to know how long one has to enter europe with it

[86ti]

The visa will have "from" and "to" dates indicating the period within which the visa is valid and also will mention the maximum duration of stay within that period. 90 days is the maximum possible.

[Directive/2004/38/EC]

If you are traveling with an EU citizen, then I think the amount of time allowed in Schengen is not limited to 90 days. But that is not explicitly stated anywhere.

And of course after 90 days in one country, the non-EU family member would usually have to get a Residence Card.

[SRAQAI]

Thank you both - do you know what the usual length of time a person has to *use* the visa, once it is given? I know that you have 3 months in the EU once you enter, but how long usually, do they give to *enter* the EU?

[86ti]

You can't apply earlier than three months before the (first) intended travel.

[Directive/2004/38/EC]

[removed incorrect info]

[ca.funke]

Hi SRAQAI,

it´s all written on the visa-sticker.

I just happened to recently scan this visa: (if you can´t see it wait a minute, then hit "F5")

• Valid from: 15th June 2011
  • You may enter on or after this date
• Valid until: 14th July 2011
  • You must leave on or before this date
• Duration of stay: 10 days
  • The "duration of stay" counts in calendar days, not 24 hour intervals
  • This is the maximum amount of days you may stay
  • See "Note II" below, for an interesting question/suggestion

Note I:

• You must exit at the latest
  • on the "valid until" day, OR
  • when your "duration of stay" days are up,
  • whichever comes first!
• The issue date can and sometimes does differ from the "valid from" date
  • see above 30th May 2011 vs 15th June 2011
• As most things in the EU this is far from perfect, but hey don´t kill the messenger
• First thing I´d change is the "valid from" - "valid until" into "must not arrive after", just as Australian visas mention it
  • Not because of the added opportunity to stay longer, but because it´s less ambiguous
• If EU-officials read this: Please contact me for further suggestions to turn the visa-mess into one comprehensive system

Note II:

• I´d be keen to know if border guards change the date on their entry/exit-stamp at 24:00
• if so, when arriving shortly before midnight, it may be worth lingering before passport control until 00:00 to add another day
• Not sure if this would work

[SRAQAI]

Flunke - thanks for your laborous post i dont think anyone understands what I mean. Or maybe this isnt the case for schengan visa. My husband was told by friends of his that he would have one year to use the visa, so considering this, the visa would say something like 'valid fkr 3 months from date of entry' for the spouse of an EU Citizen. Is this correct?

[ca.funke]

Hi SRAQAI,

what do you mean by "use the visa"?

All I see that you can "use" a visa for is travelling, and what I´m writing above is how the visa allows you to travel.

To put it in your words, I´d say you can "use" the visa between above mentioned "valid from" and "valid until" dates.

As far as I understand visas there is nothing more to them, except that.

I´m confused now and don´t know what you could possibly mean.

One more try, quoting from you above:

...do you know what the usual length of time a person has to *use* the visa, once it is given?

• You can "use" the visa between the "valid from" and "valid until" dates

...I know that you have 3 months in the EU once you enter...

• You "know" incorrectly - you can stay as long as the "duration" sais on the visa.
• This visa type is issued for "up to 90 days", but that doesn´t mean that it´s always 90 days!

but how long usually, do they give to *enter* the EU?

• You cannot "enter" the "EU", with a "Schengen"-Visa you can enter the "Schengen"-Area.
• And I have to repeat myself: You can enter between the "valid from" and "valid until" dates

If that´s not what you´re looking for, then I hope someone else can help out better!

Rgds, Christian

[Directive/2004/38/EC]

My husband was told by friends of his that he would have one year to use the visa, so considering this, the visa would say something like 'valid for 3 months from date of entry' for the spouse of an EU Citizen. Is this correct?

Not correct.

It will say though the visa's fields, as ca.funke said, "I am valid from fixed Date A to fixed Date B, for 1 [or MULTIPLE] visit which cumulatively are no more than N days in Schengen territory." N is usually 90 or less.

[SRAQAI]

Flunke - thank you! I know what you meant

I thought schengan visa's for EU Citizen spouse had tje words 'valid for 3 months from date of entry', or something similar - and that the "valid from" and "valid to" would be stamped at the airport. I think this is the case with UK Visa's and definately is the case with some American Visa's. Its good to know that the visa is date specific. This sprouts another question.

Doesnt a spouse of an EU citizen have a 'right' to 90 days?

[Directive/2004/38/EC]

Doesnt a spouse of an EU citizen have a 'right' to 90 days?

No. Not explicitly and directly.

Spouse has the right to an "entry visa". The validity does not really matter if the spouse decides to stay in the country. Validity does matter if the spouse wants to do lots of in and out of schengen hopping.

[mastermind]

SRAQAI, there are no special kinds of Schengen visas for family members (like EEA FP for the UK), there are only relaxed requirements/application procedure for regular visas when family members of EU nationals apply for them.

[SRAQAI]

SRAQAI, there are no special kinds of Schengen visas for family members (like EEA FP for the UK), there are only relaxed requirements/application procedure for regular visas when family members if EU nationals apply for them.

Thanks for the clarification. I just assumed that EU Spouses would automatically get a Schengan Visa valid for three months. So what would happen, when we eventually move to france? Would my husband have to ask for a 3 month Visa? I am thinking about when the time comes for him to apply for his Residency card, because if they only give him a visa valid for a month, we wouldnt have much time for him to apply for one, after arrival!

[mastermind]

Regardless of the duration of visa he will have the right to stay for at least 3 months and then as long as you exercise your right of freedom of movement ("treaty rights"). Your and his residency rights are not conditioned by possession of any visas or other documents. (Directive 2004/38/EC only stipulates that member states may only require him to have a visa to facilitate his entry, not his stay, so even with 1-day visa he should be OK)
See EC's guide for details: http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf

[SRAQAI]

Regardless of the duration of visa he will have the right to stay for at least 3 months and then as long as you exercise your right of freedom of movement ("treaty rights"). Your and his residency rights are not conditioned by possession of any visas or other documents. (Directive 2004/38/EC only stipulates that member states may only require him to have a visa to facilitate his entry, not his stay, so even with 1-day visa he should be OK)
See EC's guide for details: http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf

Oh your an ANGEL! You have really hit the nail right on the head! This is what I was looking for... I thought I was either going crazy or seeing things! thanks for putting this into perspective!

(don't you think that icon looks like a bemused Prince William?) lol

[mastermind]

SRAQAI, beware though, I'm talking about what LAW says. But as not every rank-and-file clerk may have grasped it yet (no idea what the state of affairs in France is in this regard) be ready to stand your ground.

[SRAQAI]

SRAQAI, beware though, I'm talking about what LAW says. But as not every rank-and-file clerk may have grasped it yet (no idea what the state of affairs in France is in this regard) be ready to stand your ground.

Thanks so much, pumpkin!