Schengen Visa appeal in Ghana

A Schengen visa is a short-stay visa that allows the holder to stay in the following countries for up to 90 days within a period of 180 days for tourism or business purposes: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The Schengen visa is the most common visa for Europe. It enables THE holder to enter, freely travel within, and leave the Schengen zone from any of the Schengen member countries. There are no border controls within the Schengen Zone.

However, if you are planning to study, work, or live in one of the Schengen countries for more than 90 days, then you must apply for a national visa of that European country and not a Schengen Visa.

From 02.02.2020 the fee for processing a Schengen visa application has increased to 80 euros for applicants from 12 years and above. For children between 6 and 12 years, the fee is 40 euros. Children under 6 years of age are free of charge.

Processing of Schengen visas varies from each Embassy. Generally processing times are between 7 to 15 days for most Embassies. In exceptional cases, applications may take up to 45 days.

The requirements and adjudication for Schengen visas are generally similar. The documentary requirements, the visa application form, and the visa fee are the same irrespective of which Embassy processes the application. Consular staff will examine your application against the requirements for the visa to assess whether you qualify. Provided you meet the requirements, it does not matter which Schengen country processes your application.

There is no set minimum amount of money you must have in your account to apply for a Schengen visa. The cost of the trip is not fixed. Factors such a length of stay, the cost of accommodation and the purpose of the trip may impact the total cost of the trip. You must be able to show that you have sufficient funds to cover the cost of your stay, including accommodation, and food.

Sufficient means of subsistence is the level of funds available to cater for an applicant’s stay in a Schengen country. The level of funds is set individually be each Member State and assessed by calculating the average cost of for board and lodging in budget accommodation per day multiplied by the number of intended days stated. 

For example, if an applicant wishes to visit Germany for 10 days, the reference amount for Germany is 45 euros per day so the calculation will be (45 euros x 10 days =450 euros).

The rules require consular staff to roughly estimate the amount necessary based on the following: 

• the length of the intended stay; 
• the purpose of the intended journey; 
• the cost of living as notified by Member State;
• proof of sponsorship and/or private accommodation;
• a reliable and credible certificate confirming financial support of a legal resident within the territory of the Member States ; 
• a prepaid receipt from a reliable travel agency. 

Generally, all costs for the trip must be covered by the applicant. If the applicant cannot cover the costs of the trip, a host (individual/institution) may do so by a formal sponsorship or obligation issued in accordance with the national law of the Member State. Under Schengen rules, proof of a formal sponsorship is sufficient evidence that the applicant has sufficient means of subsistence.

Some Member States may accept invitation letters from credible and well-known companies in lieu of a formal obligation. 

The adjudication of Schengen visas differs from country to country. Some Embassies employ the services of third-party agents to receive applications on their behalf. Others receive applications directly. A number of Schengen countries in Ghana resolve their applications on papers without interviewing applicants. Others like Germany, Switzerland, and others still interview applicants.

A 5-year multiple-entry visa is granted to persons who have obtained and lawfully used a previous multiple-entry visa valid for at least two years within the previous three years. This visa permits you to enter 26 countries in Europe as many times as you wish, within the five-year provided they do not violate the 90/180 days rule. 

It is not possible to be issued a 5-year multiple Schengen visa in the first instance regardless of your travel history to other destinations.

The type of documents required for a Schengen visa depends on the purpose of the visa. Documents required in support of a visa for medical treatment will differ for one for tourism. 

All applicants are required to provide mandatory documents. These include the following:

• a passport valid for at least 3 months from the date of intended travel
• one passport-size photo 
• a fully completed and signed visa application form
• applicable visa fee payable in local currency

In addition, the applicant may provide evidence of the following:

• Documents showing the purpose and conditions of their stay. (invitation letters, travel itinerary, hotel booking, proof of personal or professional relationship with the host, etc)
• Documents showing sufficient means of subsistence (bank statement, pay slips, credit card, formal proof of sponsorship, proof of prepaid accommodation, proof of prepaid transport, traveler’s check, etc)
• Documents showing an intention to return. (employment letters, pay slips, bank statements, regular income from rent or investments, flight reservation for round-trip, marriage certificate, birth certificates of children, business license documents for self-employed including proof of active business.

The validity of a Schengen visa is the period of time within which a holder may use their visa to enter and stay in the Schengen Area. This is different from the duration of stay endorsed on the visa. 

Schengen visas may be issued as a single entry, double entry, or multiple entry. Multiple entry visas may be issued for 6 months, 1 year, 2 years, and 5 years. In each case, the holder is nor permitted to stay more than 90 days within a 180-day period. 

Schengen visas may be rejected for a variety of reasons, but the commonest grounds for refusals are:

• A false/counterfeit/forged travel document was provided.
• Failure to provide justification for the purpose and conditions of your stay.
• Failure to provide sufficient means of subsistence.
• Staying for more than 90 days within a 180-day period.
• An alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry.
• One or more of the Member States consider you to be a threat to public policy, internal security, and public health.
• Failure to provide proof of holding adequate and valid travel insurance.
• The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.
• Your intention to leave the territory of the member states before the expiry of the 

visa could not be ascertained. 

You will know your visa is approved if you return to collect your passport at the Embassy or the visa application center. If your application is approved, your passport will be affixed with a visa vignette specifying among others your personal details, duration of stay, the type of visa, and the validity of the visa.

You will know your visa is denied if you return to collect your passport at the Embassy or visa application center. If your visa is denied, you will be given a refusal notice specifying the grounds upon which your visa was denied, and any options available to you if you wish to contest the refusal.

The notice of refusal will specify the grounds of refusal and options available to you should you need to contest the refusal. If you do not agree with the decision, you or an authorized third party can appeal against the visa refusal within the time limit specified in the notice. The notice will also contain the mode by which the appeal should be filed, and address or venue where it must be lodged.

Generally, the appeal should be signed by the appellant. If the appeal is filed by a lawyer, there should be a document confirming the lawyer as duly authorized to file the appeal on the appellant’s behalf. 

A refusal on this ground may among others, include any of the following:

• The relevant documents for the application were not submitted.
• The documents submitted could not ascertain your purpose of stay. 
• The existence of a family relationship was not substantiated with adequate documentary evidence
• The requested duration of stay is not consistent with any leave entitlements.
• The previous visas granted on the invitation of the same host have not been used to enter Germany, although the visas have been given for this purpose.
• The flight and hotel reservation submitted has been canceled in the meantime. 

It means that you have provided no or insufficient evidence for having the financial means for the duration of your stay. This could be any or all the following:

• Having large and unexplained deposits in your account.
• The account showing proof of funds is not in your personal name or the personal name of a third-party sponsor.
• The proof of sponsorship by the host (individual/organization) does not appear credible.
• The funds available to you is not sufficient to cover the reference amount set by the Member State.

• This means you have made contradictory statements on the purpose of stay.

The declared purpose is not coherent, and the supporting documents do not correspond to the stated purpose. (Examples include an applicant claims to visit a professional event at dates that do not correspond to the actual dates of the event, or a trader in jewelry claims to have been invited to attend a medical conference)

The Consulate has to work out a return prediction. This refusal means that the documents you submitted, or your other information were not sufficient to predict a positive result as far as your return is concerned. 

Again, consulates may define “profiles” of applicants presenting a specific risk, according to local conditions and circumstances which also takes account of the general situation in the country of residence (e.g., politically unstable areas, high level of unemployment and wide-spread poverty). Profiles could be based on the stability of the applicant’s socio-economic situation, but each individual application is assessed on its own merits irrespective of possible “profiles” having been drawn up. 

Generally, Consulates takes amongst others the following facts into consideration: 

• family links or other personal ties in the country of residence; 
• family links or other personal ties in the Member States; 
• marital status; 
• employment situation (salary level, if employed); 
• regularity of income (employment, self-employment, pension, revenue from investment, etc.) of the applicant or of his/her spouse, children or dependants; 
• the level of income; 
• the social status in the country of residence (e.g. elected to public office, NGO representative; profession with a high social status: lawyer, medical doctor, university professor); 
• the possession of a house/real estate. 

The Schengen visa allows entry into the Member States of the Schengen area. These are Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Not all European countries are part of the Schengen area. These include Bulgaria, Croatia, Cyprus, Ireland, Romania, and the United Kingdom. The Schengen visa allows entry into only Member States. Therefore, you cannot enter a European country on a Schengen visa if they are not a Member of the Schengen area. 

The maximum period you can stay on a Schengen visa is for 90 days within a 180-day period. The 90 days may be cumulative or on aggregate but must not exceed the period within a 6-month period. 

For example, you may accumulate the 90-day period in one visit if the duration of stay on your visa allows it, especially for short term visas. For long term visas, you can stay cumulatively for 90 days in one stretch in an aggregate of 90 days, all within a 6-month period.