Schengen visa question: The main destination is the Czech Republic, but entry via Austria, is that allowed?
Dear Editor/Rob V.,
My Thai girlfriend has applied for and received a 90-day VKV for the Czech Republic (my country of residence). We wanted her to fly to Vienna where I could pick her up by car, because I live in the south of the Czech Republic near the Slovak border and it is only a 3-hour traffic jam-free drive to the airport in Vienna.
At the Czech consulate in Bangkok, when applying for the visa, she was told that she could only get a Schengen visa if she flew via Prague. The reason was that the forms submitted by the Czech Aliens Police with all stamps and fees were written in Czech.
Prague is more than 400 km from my house and there are roadworks and traffic jams throughout the route to Prague, and for those approx. 420 km you have to take at least 9 to 10 hours.
My question is: "If she still flies to Vienna via Bangkok, can she get into trouble or can she be refused entry into the Schengen area?".
best regards,
Richard
Dear Richard,
Normally, a short-stay visa gives access to the entire Schengen area. The top line of the sticker will then have 'Valid for: Schengen states' written in the language of the relevant member state. There is an exception: there are restrictions only if country codes are printed there. For example, if it says '+NL +D' (only valid in the Netherlands, only valid in Germany) or '-NL, -D' (over valid except in the Netherlands and Germany). We call this exception a 'territorial restricted area' visa.
You probably already understood that the foreign national must apply for the visa at the country that is the main destination. In your case, that is the Czech Republic. Only if you would spend the same amount of time or more in Austria would you have to apply for the visa through the Austrian embassy. But with the main destination being the Czech Republic, entering via Austria is fine (provided it is not a visa in a territorially restricted area).
Some Schengen countries do have a reporting obligation whereby foreign nationals staying with a private individual must report to, for example, the municipality, (foreigners) police or immigration. There may be a misunderstanding there. If you wait for her in Austria and then drive to the Czech Republic together, you must of course report her according to the Czech rules for that area.
See also the Schengen dossier, the sample sticker on page 26, and the question 'Where can you travel on a Schengen visa?' on page 22. Answer: “A Schengen visa normally gives access to the entire Schengen area. This means that you can enter, travel around and leave the Schengen area from any of the member states. (…) “.
www.thailandblog.nl/wp-content/uploads/Schengenvisum-Dossier-Feb-2019.pdf
I advise the embassy to consult their handbook:
“8.1 Visa allowing the holder to enter the territory of the Member States
Legal basis: Visa Code, Article 24
The territorial validity of the visas: a uniform visa allows the holder to circulate in the entire
territory of the Member States.”
See: ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy_en
You can of course politely point out the mistake to the embassy so that other travelers do get the correct information, but it is easy to ignore this confused or incompetent employee. Make sure that you and your girlfriend both have all the papers in your pocket, each other's mobile numbers, etc. so that if an employee of the border control or the airline has any questions, they can be answered. If you come across competent staff, everything should run smoothly.
Do not worry.
Regards and success,
Rob V