Overhaul of short-term visa rules

Recent events have highlighted the crucial role played by visas for the business community and the dependence of the livelihood of many on the issue or otherwise of such visas. In a bid to make life easier for third country nationals who require a visa in order to enter Schengen territory, the European Union has decided to streamline and somewhat relax the rules applicable to the processing of short-term visas by Schengen states.

The EU Visa Code adopted in June 2009 has now come into force. This code sets out common procedures and conditions which are to be applied by Schengen states when issuing airport transit visas and short stay visas, that is, visas issued for stays not exceeding 90 days in any 180 days period. It also establishes the list of third country nationals who are required to hold airport transit visas when passing through the international transit areas of airports situated on the territory of Schengen states. The regulation of the issuance of long term visas remains in the hands of these states themselves.

Under the terms of this new code, third country nationals applying for a short-stay Schengen visa should wait no longer than two weeks for a consular appointment and should receive a decision on their application no later than 15 calendar days thereafter. Only under exceptional circumstances and in individual cases can these deadlines be surpassed.

The visa fee for children has also been substantially reduced and individuals participating in certain events are exempted from the payment of the visa fee altogether. The uniform visa application form itself has been slim-lined and the content of individual fields has been clarified for the benefit of both applicants and consular staff.

The code has also introduced an element of legal certainty. It makes it mandatory for all the states to provide a motivation for refusals of visa applications and it also introduces the opportunity for applicants to appeal against negative decisions. Prior to the code, there were no EU rules regulating such important issues. The Visa Code also sets out a list of standard grounds for refusal which shall be applicable as from April 2011.

To ensure equal treatment of visa applicants, a handbook for the processing of visa applications has been drawn up and is available to all consular staff of member states. The handbook contains a single set of operational instructions to be applied by Schengen states' relevant authorities and this in order to ensure uniformity in approach by consular staff in the handling of visa applications.

The new Visa Code has gone a long way to ensure transparency, legal certainty and the equal treatment of visa applicants. One may also dare hope that the procedure for obtaining a Schengen visa will even become faster. Statistics go to show that such benefits cannot be scoffed at.

When one considers that Schengen states have over the past year issued around 10.4 million short-stay visas with Malta alone being responsible for the issuance of around 30,774 airport transit visas, transit visas and short stay visas in the year 2008, the new rules will surely signify a huge step forward in the right direction for many individuals.

mariosa@vellacardona.com

Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.