- August 10, 2020
- Posted by: Editor
- Category: Law
The Schengen visa in Germany is a short-term stay visa, which grants the opportunity of visiting this country, as well as any other Schengen state, for a period of maximum 90 days. This type of document can be used in the case of those who want to travel to Germany, visit a family member or friends, and it can also be used for business-related matters. This visa can also be used to obtain a residence permit in Germany.
In the situation of certain nationalities, the Schengen visa must also be obtained for airport transit, which grants only the right of staying in the German airport which makes the connection with another flight. Under the airport transit visa, its holder is not allowed to leave the airport premises. Foreigners must know that the Schengen visa in Germany can’t be used for relocating here. Persons who are interested in moving to Germany must apply for other types of documents.
Who must apply for a Schengen visa in Germany?
The need to apply for a visa varies based on the nationality of the applicant, the purpose of the stay and other additional aspects. It must be noted that persons who are citizens of the European Union (EU) do not need to obtain any type of visa when moving to Germany for a short-term basis or for undetermined period.
The requirement of having a Schengen visa in Germany is abolished for the citizens of third countries that have signed a visa-free agreement with the Schengen states; our immigration lawyer in Germany can provide in-depth information on the nationalities included in this list (for example, the citizens of the United States of America do not need to obtain this document).
Our lawyers can also explain the requisites for obtaining German citizenship.
What is the legal process of obtaining a short-term stay visa in Germany?
The process through which the Schengen visa in Germany (the short-stay visa) can be obtained is prescribed by the Community Code of Visas. The Community Code of Visas provides the legislation for the issuance of both the transit visa and the short-term stay visa. The transit visa cannot be used to obtain a residence permit in Germany. The Code was established under the Regulation (EC) No. 810/2009 of the European Parliament and it became applicable starting with the 5th of April 2010.
In order for a person to receive a visa, the Germany migration procedures and the ones established at the level of all other Schengen states have been standardized, and specific requirements have to be analyzed by the consular mission that receives the visa application. Thus, the Schengen visa in Germany will be issued if the following conditions are clearly stated in the application:
• the applicant must clearly state the purpose of his or her visit in Germany;
• the applicant has to provide evidence that he or she has sufficient financial means for living here;
• the applicant must provide information on the arrival and departure dates;
• the date at which the person will leave this country has to be prior to the date at which the Schengen visa in Germany will expire;
• the person must have a medical travel insurance with a minimum value of EUR 30,000.
It must be noted that the Germany immigration legislation allows the person to apply and obtain the short-term stay visa even in the case in which he or she is not able to finance the respective trip, as long as a third party will assume the associated costs. This is regulated under the Residence Act, Sections 66 and 68, which can be presented by our immigration lawyer in Germany.
The application for the short-term stay visa implies a fee that has to be paid by the applicant; the fee is of EUR 80 and the issuance of the visa, provided that the applicant meets the relevant requirements, can be made in a period of approximately 10 days.
Not all applications will receive a positive answer; in Germany, the rejection rate for the issuance of this type of visa is of 9,8% (for 2019). Parties that have applied for a Schengen visa in Germany, whose applications were rejected, are entitled to receive an answer with regards to the reasons that led to the rejection of the documents.
More than this, the Germany migration law also provides the right to take legal action against the decision of the local authorities, provided that there are valid legal grounds for doing so. The procedures for the issuance of the visa are regulated by the Federal Foreign Office. With regards to the issuance of the Schengen visa in Germany, we present the following:
• although the standard fee for this visa is of EUR 80, the country also applies reduced rates;
• for example, the citizens of countries such as Russia, Armenia, Montenegro and other nationalities, have to pay a fee of only EUR 35;
• children with ages between 6 and 12 years old have to pay 50% of the price of the standard fee;
• in the case of children with an age below 6 years old, the issuance of the visa is free of charge;
• Germany is the 2nd most important country for the issuance of the airport transit visa, after France.
In 2018, the country received 1,447 application for the airport transit visa, out of which the authorities issued 1,224 documents. Foreigners who need more details on this type of visa are invited to address our immigration lawyer in Germany, who can offer information on any of the procedures involved in the issuance of the document. Do not hesitate to ask for our support if you are interested in German citizenship.