SCHENGEN VISA POLICY: KEEPING OUT "UNDESIRABLE FOREIGNERS"

FECL 32 (March 1995)

The common list of countries whose nationals are subjected to a visa obligation in all Schengen states, included 126 countries in February.

To nationals of 18 of these countries, one or several other Schengen states must be consulted prior to the issuing of a visa.

The common list of countries whose nationals need a visa in some Schengen states only comprises 29 countries, including all Latin American states, some South East Asian countries, and the following European countries: Croatia, Bosnia-Hercegovina, Serbia-Montenegro, and Poland.

The list of countries whose nationals are exempted from a visa obligation is made up of the following 20 countries (apart from all EU-member states):

Andorra, Canada, Cyprus, the Czech Republic, South Korea, Hungary, Iceland, Israel, Japan, Liechtenstein, Malta, Monaco, New Zealand, Norway, San Marino, Slovakia, Slovenia, the USA, the Vatican,and Switzerland.

Common instructions to the Consulates

A confidential handbook with instructions to the foreign representations of the Schengen States on how to implement common visa-regulations contains a section on cooperation of the consulates of the Schengen states on the local level.

Among other things, consulates shall cooperate in evaluating "migratory risks" in an attempt to determine common criteria for the examination of visa applications, exchange information regarding counterfeited documents and networks of illegal immigration, and co-operate on the rejection of "manifestly unfounded" or "fraudulent" visa applications.

Cooperation shall also facilitate the identification of persons who try to make visa applications at the consulates of other Schengen states after having been turned down by one member state.

As a rule, the SIS (to which consulates will have on-line access) must be consulted prior to issuing a visa. Applicants must present their request personally and orally at the consulate, "in particular, whenever there is doubt concerning the actual object of a stay and the intention to return to the country of origin". Consulates shall examine the trustworthiness (bona fides) of applicants. "Trustworthy" applicants, such as frequently travelling business men are thus likely to benefit of a speedy treatment of their applications, while suspected would-be immigrants must expect to be submitted to lengthy cross-examinations.

Sources: Décision du Comité Exécutif (Schengen), Annexe 1, Bonn, 22.12.94, SCH/Com-ex (94) 24 confidential/ SCH/II-Visa (93) 11, 7e rév.; Instruction Consulaire Commune, Schengen WG II, Sub-group "Visa", Brussels, 22.12.94.