Having a visa allowing entry into the Schengen countries opens up enormous opportunities for tourism, study and work. But sometimes wonderful dreams suddenly turn into harsh everyday life. This happens when a person finds out that his permit document has been revoked. Cancellation of a visa implies suspension of its validity. As a result, its owner loses the opportunity to enter the territory of the Schengen countries. In the Russian Federation, this process is regulated by Government Decree No. 335.
Why is the permit canceled?
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
- Use the online chat in the lower corner of the screen.
- Call: Federal number: +7 (800) 511-86-74
Cancellation is possible due to an error in the visa, on the personal initiative of its owner, or if violations are identified in its use. For some citizens, Schengen cancellation is a unique form of sanctions that is applied by EU countries. In order for the Schengen visa not to be cancelled, you must strictly comply with the customs rules and conditions that are provided for by the issued permit.
What should you not do?
There are several “tips” circulating online that supposedly allow you to quickly and easily resolve an unnecessary visa issue. Two main ones:
- An attempt to cross the border with obviously missing documents in the package.
- Mechanical damage to the visa.
Let's take a closer look at them.
Without documents at the border
This method is also called “running into cancellation.”
Firstly, it may only be of interest to those who live within walking distance of the border. For the rest, it’s faster to get to PPVA.
Secondly, your visa may be cancelled, but a record of inadmissibility to the territory will remain in your “history”. How will this affect future visas? In most cases, negative. In addition, you can be denied entry without cancellation.
Can it be canceled due to damage to the passport?
The rumor says that any damage to the visa automatically invalidates it . It’s true, you won’t be allowed into Poland with this permit.
However, no one knows about its damage yet, and you will either have to “try it out”, as in the previous paragraph, which, to put it mildly, is not very smart.
Or go to the center to write a statement anyway.
Both methods should not be used. They are not much use, but you can create a lot of problems for yourself.
Personal initiative
If a person has a valid Schengen visa, but there is a need to obtain a permit to enter another Schengen state, the previous document must be canceled. This process can be started on personal initiative. The same is done in the case when there are several days left before the final validity of the visa, and its holder needs to travel to the Schengen countries for a long period of time.
You should contact the consulate in advance for advice on this issue. Some states have a practice of automatically terminating a visa immediately after receiving a new one (for example, in Italy).
Important and controversial nuances
The question often arises: whether it is necessary to cancel a work visa if its period is still valid, but the period of stay has been completely spent.
For example, a 180/360 visa was issued from 01/01 to 01/01. next year. By June, the person had spent the entire stipulated period of stay of 180 days. In August he had the opportunity to receive a voivodeship. Do I need to cancel the previous one?
The law clearly states: you cannot have two national visas at the same time ! However, practice shows that attitudes towards this point in visa centers and consulates are different.
There have been cases:
- An unambiguous requirement to cancel the old visa before applying for a new one.
- Simultaneous acceptance of an application for cancellation and documents for a new one.
- Obtaining a new visa without any changes to the old one.
Almost all options are possible, but we still recommend canceling your old visa, because there remains a small chance of problems arising at the border.
Another common mistake is the idea that the corridor for a work visa will be shortened if you cancel the previous one with completely selected days of stay. Don’t indulge yourself with illusions – it’s not true!
Can an employer cancel a work visa?
The employer cannot directly - only employees of special government organizations have such powers. But the employer is obliged to notify the employee of his dismissal, including to the Border Guard.
If you do not officially re-register your stay in Poland, then it is quite possible that your visa will be canceled upon departure from the country or a corresponding check on the territory of the Republic of Poland. Sanctions can also be more serious: fines, deportation, entry into the SIS list.
Required documents
When contacting the consulate to apply for a new visa, you should collect a standard package of documentation.
This list includes:
- Scanned copy of civil and foreign passports.
- A statement indicating the reason why cancellation was necessary.
- A completed application form, which is issued at the consulate.
Documentation must be provided in person by the person applying for a new visa, otherwise they will be refused consideration. Personal presence when submitting an application and other documents, cancellation of a Schengen visa is mandatory due to the fact that it is necessary to write an application for a new visa. After this, a new stamp is placed in the passport.
Note! Before a personal visit, you should contact a consulate representative, explain by phone the reason for the cancellation and find out whether this is really necessary in a particular case. If the answer is yes, you need to make an appointment at the consulate and come there with all the necessary documents. If you don’t want to or don’t have time to go through bureaucratic delays, you can refuse a visa. This will not affect your receipt of Schengen in the future.
How to avoid cancellation of a Schengen visa?
1. Most often, reservations made through Booking.com are subject to checks; be more careful when booking on this resource and try not to cancel the hotel. And if possible, request a booking confirmation not from the aggregator site, but directly from the hotel.
2. Visit the country that issued you a multiple visa at least once, otherwise there is a risk that the consulate will cancel the document upon re-entry into the Schengen zone. Such situations happen.
3. Most often, the so-called “fake” hotel reservations and check-in/non-check-in of tourists are checked by the Czech Republic, Germany, and Austria. Do not try to deceive the consulates of these countries. And if in the process of preparing for the trip you changed the hotel, notify the diplomats before the trip.
4. If you have a so-called “unvalidated” visa that has expired, notify the consulate and explain the reason. Otherwise, problems with obtaining documents may arise the next time you contact the department.
Cancellation due to error
There are cases when the reason for the termination of a permit to enter a Schengen country is an error in the data. Basically, this fact is revealed before the start of the trip, when the citizen checks the compliance of the specified information with the real facts.
Errors may be the following:
- incorrect spelling of last name, first name or patronymic;
- incorrect indication of place of registration;
- an error in indicating gender and other personal data.
Due to the fact that no corrections are allowed in the permit document, the Schengen visa must be cancelled. If a traveler discovers any discrepancy in a Schengen visa or this circumstance was pointed out to him by border guards, he should contact the embassy.
The appeal should not be unfounded; in addition to it, an application must be submitted indicating the exact reason why the visa should be cancelled. The fact is that a new permit will not be issued until the previous one is closed. Therefore, after submitting the application and all the necessary documents, the tourist can only remain in agonizing anticipation of a response on making the necessary decision.
Schengen visa refusal: what to do
For some people, the potential possibility of being denied a Schengen visa becomes an obsession and completely neutralizes any attempts to travel to this zone.
To get rid of this obsession, you should understand what are the reasons for refusal of a Schengen visa and how to act in this case, so as not to lose paid vacation or funds for other expenses associated with traveling abroad.
A situation where a Schengen visa is refused can happen regardless of whether the documents were submitted independently or through third parties. The main reasons are:
- incorrect information in the application form (deliberately false information or accidental typo);
- incomplete list of documents;
- precarious financial situation (even a letter of sponsorship will not solve the problem if a person has a temporary job or does not have at least any savings of his own);
- the visa officer’s suspicion of the traveler’s desire to migrate or of a discrepancy between the purpose of the trip and real intentions;
- having a criminal record;
- committing an illegal act (including an unpaid parking fine) on the territory of the Schengen Union.
In these cases, the international passport will have a stamp with a letter and number encoding the reasons for the refusal.
What does a Schengen visa refusal look like?
This is what a stamp indicating a refusal to issue a Schengen visa looks like.
https://www.youtube.com/watch?v=EeZ0J7kx2u0
Letter – visa type:
- A - airport,
- B – transit,
- C – tourist,
- D – national.
Digital failure indication:
- 1 – usually indicate refusals due to incomplete information in the application form;
- 2 – if the visa officer wishes to personally communicate with the applicant during an interview or does not confirm the hotel reservation;
- 3 – absence of any document from the list of mandatory ones.
- 4 is the saddest option, indicating an indefinite refusal due to the presence of serious violations of the norms and requirements of the Schengen Union. In this case, a visa quarantine is applied - a ban on entry for a certain period of time.
Important! Sometimes a foreign passport contains a stamp confirming the acceptance of documents. This is a common mistake by the staff and you should immediately contact the embassy to find out the real state of things.
Refusal of a Schengen visa, what to do and who to blame?
In case of refusal, such a form is issued with the reason for refusal of a Schengen visa. vagant.livejournal.com.
There are several possible ways to resolve the issue.
In cases where the refusal is based on a lack of information or the absence of a specific document, the data package must be resubmitted. This can be done at the same embassy. There is no reason to believe that a Schengen visa will definitely not be issued after being refused by the same country.
If the reason for the refusal was the applicant’s absence at the interview, you need to explain the reason and reschedule the date for the interview (the option of resubmitting the package of documents is possible). It is advisable to appear in person at the embassy and speak with the visa officer;
Appealing a Schengen visa refusal
This method is suitable for those who do not have enough time before the start of the planned trip, that is, they will no longer be able to use the paid tickets and will inevitably incur other expenses. But there is a desire to deal with the situation and prove that you are right.
The application for appeal is submitted to the consulate in person or through a representative (only in reasoned cases) in the language of the country the traveler wanted to enter.
Some representative offices have the opportunity to submit such an application via mail or email (document in PDF format).
Some travel agencies provide a service for filling out an application to appeal the decision of an embassy employee.
If a traveler is not sure about the essence of the problem, then he can contact the embassy or consulate, where he is obliged, under an agreement that has been in force for the eighth year between the Russian Federation and the Schengen Union, to provide an explanation for the refusal. Here they will give recommendations on further steps to resolve the dilemma. Most countries provide a written explanation along with the refusal, which simplifies the task.
It is important to know! Each country sets its own deadlines for filing an appeal. Usually they are no more than 1 month.
Some states provide a procedure for appeal and appeal of a decision. You can find out about this directly from the representative office of a particular country.
Explanations of the reasons for refusal to issue a Schengen visa 29 Downloads
How to properly file an appeal against a refusal to issue a Schengen visa 29 Downloads
Cancellation due to violations
Unscrupulous or unscrupulous tourists can commit various violations, which lead to the termination of the permit or even refusal to obtain it further. There are several reasons why people may be prevented from obtaining a visa.
Violation of movement rules
Cancellation is inevitable if a person intends to travel through several countries of the Schengen area, while he has a transit or national visa, which gives the right to stay only in the country that issued the document.
This violation is typical for schoolchildren and students who, as a result of their carelessness, think that since they have received permission, it means they can move around all Schengen countries as much as they want.
Violation of the temporary regime
Termination of Schengen is mandatory if a tourist plans to spend more time traveling than indicated on the visa. A serious violation is considered to be late from a trip for two or more days. Then the Schengen visa will be immediately cancelled.
This restriction is very scary for tourists. They are afraid that if they are several hours late, the permit document will become invalid. But this is not entirely correct.
The fact is that the traveler himself is not always to blame. If the time regime is violated due to the delay of transport (bus, train, plane), then no problems will arise with the control officers while crossing the border. But a force majeure circumstance will need to be proven by presenting traveler's checks, tickets that clearly indicate the time and date of departure and expected arrival at the place.
Important! The visa will not be canceled in cases related to the hospitalization of a person or his close relative in a medical institution. To confirm this fact, you should collect all the necessary documentation and have it certified by the head physician of the hospital.
Sanctions
Automatic cancellation of a document allowing to cross the borders of Schengen countries occurs as a result of the imposition of a ban by the government of a country on its visit by individuals or citizens of a particular state. Correction of the situation is possible only after contacting the embassy of that country for clarification.
Blank visa
Sometimes it happens that a visa is coming to an end, but due to various reasons it was not used (“not tested”). In such cases, you need to contact the consulate and explain the situation, otherwise problems will arise next time.
False facts
The validity of a permit document must be terminated if counterfeit stamps, corrections, or changes in the date of entry or exit are found on it.
Note! Cancellation of a Schengen visa also occurs when an attempt is made to specifically change the traveler’s surname or first name. The exception is people who have just gotten married, the husband or wife has changed their last name, but have not yet changed it in their passport, and their departure from the Russian Federation is urgent.
The purpose of the trip is incorrectly indicated
A tourist permit must be canceled if it is discovered that a person has used this opportunity to earn money abroad. It is quite difficult to identify such a fact, only thanks to the special vigilance of respectable citizens, but if this is proven, then the citizens are subject to immediate deportation, their visa becomes invalid and in the future it will become impossible for them to legally visit the countries of the Schengen zone.
Problems arise if a person received a visa to one country, which is more willing to issue a permit, but went to another. Embassy staff will learn about this fact by calling the hotel where the room was booked and finding out that the tourist was not there. If you plan to change hotels, you should inform diplomats before travel.
Violation of customs legislation
Each country has its own limit for transporting various items. Violation of this prohibition results in automatic cancellation of Schengen.
Lack of necessary documents or their non-compliance with their stated requirements
The traveler can be sent back, simultaneously having his visa taken away and destroyed, if he does not have a compulsory health insurance policy, a certificate of solvency of the traveler himself or the person who acts as his sponsor. You need to have 50-70 euros with you for each day of the trip per person. Without medical insurance and confirmation of the required amount of funds, the traveler can be returned to his homeland, and at the same time his Schengen visa can be cancelled.
Cancellation of reservation
Some tourists book hotels during the period of paperwork and then refuse without payment. Such tourist tricks have led to embassies tightening the procedure for visa cancellation and checking hotel reservations after issuing a permit. If it turns out that the traveler has refused the reservation, this will entail the termination of the visa.
Note! The embassies of Germany, the Czech Republic, and Austria are especially closely monitoring this situation. It is better to pay for the hotel you receive than to lose the opportunity to spend time in a beautiful country.
Visa refusal, deportation, visa cancellation - what is it and what to do?
Immigration policy trends over the past year have been greatly influenced by political decisions such as Brexit, the new White House policy, as well as changes in European legislation designed to control the number of foreigners in the country. All this is already leading to an increase in requests from our clients regarding visa refusals, entry refusals, etc.
That is why we decided to explain in this article some terms and procedures that our citizens may encounter when going to another country, or already staying on its territory, namely:
- refusal of a visa;
— refusal to extend a visa or status;
— refusal of entry;
— visa cancellation;
- expulsion from the country, deportation;
- appeal procedure.
Visa refusal (Entry Clearance Refusal, Visa Refusal, Visa Denial)
Visa refusal (Entry Clearance Refusal, Visa Refusal, Visa Denial) – refusal of the embassy or consulate to issue the applicant a visa to enter the country.
The most common reasons for visa refusal are:
- incorrect choice of visa category, i.e. discrepancy between the category of visa for which documents are being submitted and the actual purpose of the trip
IMPORTANT: after the introduction of a visa-free regime for citizens of Ukraine, in some European countries it is possible to change your status (conditions of stay) within the country. For more detailed information, please contact the specialists of our company;
— the documents submitted for a visa are insufficient to make a decision on the visa application;
— the applicant’s documents do not comply with specific legal requirements;
- presentation of knowingly false or forged documents. It should be noted that a refusal on this basis may well be accompanied by a ban on entry into the country.
Refusal of extension of stay
Refusal of extension of stay – refusal to extend the period of stay in the country. The decision is made by immigration authorities or local administrations within the country.
The reasons for such refusal are usually:
— violation of the conditions of stay in the country for the corresponding visa category;
— failure to provide documents required by law for extending stay.
Timely contact with specialists will allow you to avoid the need to leave the country, wasting additional time and money.
Entry refusal, Refusal of entry
Entry refusal, Refusal of entry - occurs if, during a border crossing, a border officer refuses entry into the country, even though there is a valid visa in the passport. The procedure is accompanied by an additional interview with border guards, often an inspection of belongings or a personal search.
The most common reasons are suspicion of illegal immigration or that the visa will be misused.
Such suspicions may be caused by:
— cases of visa violations or illegal work in the past;
— identifying false information when applying for a visa;
— concealment of essential information when applying for a visa, for example about the presence of relatives in the country;
— identifying a discrepancy between the applicant’s true intentions and the type of visa received.
If the country's immigration laws provide the opportunity to appeal such a decision, you can take advantage of it, but you need to act very quickly and immediately involve an experienced lawyer.
Feod Group employees prepare with our clients before entering the country in order to discuss possible pitfalls and prevent such developments.
IMPORTANT: under the conditions of a visa-free regime with European countries, citizens of Ukraine who, upon entry, cannot confirm the purpose of the trip, financial security and connections with Ukraine, will be denied entry.
Visa Cancellation, Visa Revocation
Cancellation of a visa (Visa Cancellation, Visa Revocation) - can occur both during entry into the country (refusal of entry is usually accompanied by cancellation of the visa - on the spot by an officer or later, by the embassy) and after - during the stay or after returning home.
The most common reasons are violation of visa laws:
— exceeding the length of stay;
— misuse of a visa;
— providing false information during visa application.
IMPORTANT: If the visa has been cancelled, it is important to find out the reason for the cancellation and whether entry restrictions were also imposed (placement in the SIS Database for Schengen countries).
Our company’s specialists will help you develop a strategy for further actions in case of visa cancellation.
Expulsion from the country, deportation (Administrative removal, Deportation)
Expulsion from the country, deportation (Administrative removal, Deportation) is a procedure of forced departure from the country to one degree or another.
In case of violations of immigration rules - exceeding the period of stay, illegal work, illegal immigration - the foreigner must be expelled from the country. Often such expulsion occurs in a relatively voluntary manner - issuing an order to leave the country within a specified period.
However, in the event of a gross violation of immigration laws, as well as in the case of committing criminal acts, the foreigner may be subject to forced removal procedures, including placement in pre-trial detention cells or detention centers for illegal immigrants.
IMPORTANT: expulsion or deportation is usually accompanied by an entry ban, which means you will not have the opportunity to return to the country for 5, 10 years or for life.
Many countries provide the opportunity to file an appeal and suspend the deportation procedure, but this procedure must be accompanied by an experienced lawyer.
We recommend seeking legal help immediately!
Appeal, administrative review
Appeal, administrative review (Appeal, Administrative review) - appealing the decision of the relevant authority to refuse a visa, deportation, refusal to enter the country, or cancellation of a visa.
Depending on the law of the country, appeals or requests for administrative review of decisions may be heard by: the embassy, a special administrative body or a court. Consideration of documents can take place either in the absence of the applicant or in a hearing mode, with the participation of the applicant and/or lawyer.
In each specific case, the company’s specialists will help assess the chances of a successful review of the decision, as well as prepare and file an appeal.
Feod Group has more than 25 years of experience in the field of visa and immigration services, part of a company of Western lawyers, extensive experience in working with appeals and dozens of won cases, both on the basis of documents and with the participation of immigration lawyers.
How can we help you:
- 1. General and specialized consultations on immigration law;
- 2. Comprehensive analysis of the case, identifying the most likely reasons for the refusal;
- 3. Working with complex cases - previous visa refusals, violations of the country’s immigration regime;
- 4.
Preparation of appeals and applications for administrative review of decisions; - 5. Representation of clients' interests by an immigration lawyer during appeals;
- 6. Lawyer services in case of threat of deportation, refusal of entry, visa revocation, or other problematic situations.
From practice we can say that it is always easier, more effective and cheaper to prevent a problem than to deal with the consequences later. Contact Feod Group. Preferably before the problem arises. But if one already exists, even more so, contact us.
There is a way out of every situation, even a hopeless one!
Source: https://feodgroup.com/blog/articles/visa_refusal-deportation-visa_cancellation
How to make an application?
There are no special requirements for the application, but you should know that this type of document requires the presence of 3 main parts. The table describes them in detail.
Required parts of the application | Content |
Introductory part | It indicates the data of the addressee (name of the body to which the application is submitted) and the addressee (last name, first name, patronymic of the person submitting the application, his contact information). |
Descriptive part | Contains a request and an indication of the reason for the request. You must enter your passport and visa details. |
Final | It contains the date and signature. |
When drawing up an application, it is best to use the sample that is available at any embassy or visa center. The application is drawn up in a single copy, since it is considered in the presence of the originator.
This is what a sample application looks like.
How to cancel a Polish work visa and get a new one?
Let us consider the process of early closure of a Polish national visa by Ukrainians using the example of a voluntary procedure. For citizens of other countries the situation is largely similar.
Step 1. PPVA treatment
Only the diplomatic mission of that country can cancel a national visa to the Republic of Poland. You can contact the embassy, consulate or visa centers of Poland.
The visit takes place without prior registration on a first-come, first-served basis.
Some centers (but not all!) allow the cancellation of an old visa at the same time as accepting documents for a new one . This may slightly increase the processing time, but will reduce the number of visits to the center. This possibility needs to be clarified with specific institutions.
Step 2. Application and other documents
It is better to write the cancellation request directly in the center so as not to miss anything important. The application is written in free form (the form can be downloaded below), but it also has mandatory clauses. We will point out the main ones, but centers may require their own additions.
There are also frequent cases of ready-made forms that the PPVA can provide, which is an additional incentive to write an application on the spot.
Main parameters of the application:
- A cap . Standard “To”, “From”.
- Description . The essence of the statement. What exactly needs to be canceled and for what reason.
- Date, signature.
Along with the application, a passport is provided, as well as copies of the personal data page and the visa requiring cancellation.
Expert opinion
Yulia Vladimirovna
Expert of the online magazine “Polish Consultant”
UPD. 04/05/21. An application form for visa cancellation has appeared on the official website of Ukrainian PPVA of Poland. You can download it from this link. As you can see, this is still the same simple form. Moreover, when sending documents for a visa by mail (this special service is currently offered only to Ukrainians), you can simultaneously send an application to cancel the previous visa, if necessary.
Step 3: Waiting
The decision to cancel is made by the consul . On average, the process takes about 7 working days . If the decision is positive, the visa is stamped “cancelled”.
Sometimes they can simply cross it out or put other marks. The main thing is that all databases will take into account its invalidity, and it will be possible to apply for a new one.
If other circumstances allow, you can open a work visa to Poland immediately after canceling your old one.
Just three steps to the goal - not much and not difficult.
How to find out the reason for visa cancellation?
Permission to enter a Schengen country can be canceled at any stage of the trip without giving any reason. Most often, the consulate does not warn about the cancellation of a visa, so it is almost impossible to find out about this before departure. If this happens, then it is possible to find out the reason. At customs, a polite border guard can optionally explain why the Schengen visa is being cancelled. If you are not satisfied with the answer, you should submit a written statement to the consulate asking them to justify the reason. But most often the answer will contain general information, from which it is quite difficult to understand the truth.
Summing up
The process of obtaining a permit allowing you to visit the countries of the Schengen zone is quite complicated. And it becomes even more offensive if all the bureaucratic delays have already been completed and suddenly, just before leaving or flying to the country of your dreams, it turns out that Schengen has been cancelled. To prevent such an unpleasant situation from happening, it is necessary to strictly follow the rules for obtaining a visa and comply with all the requirements imposed by countries for entry into their territory.
Makarova Natalya Nikolaevna
Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.