The “small country trick” that many UAE residents believe allows them to apply to less popular Schengen countries like Luxembourg or Malta to receive visas more quickly has been proven false, according to VFS Global’s UAE Regional Director, Monaz Billimoria; and may even result in a visa refusal.
The legal basis for determining which Schengen country will process a visa application lies in the EU Visa Code (Regulation 810/2009). As outlined in Article 5 of the code, the competent member state is determined on the basis of a strict hierarchy of factors, including:
- The country to which the applicant intends to travel.
- In the case of travel to several countries, the country in which the applicant intends to spend the majority of the time (main destination country).
- In the absence of a main destination, the country whose border the applicant crosses first upon entry into the Schengen Area.
…the Schengen law says you need to apply to the country that you’re traveling to or the country where you’re going to be staying the maximum amount of days. They enforce this rule very strictly. If you don’t, then there is a possibility that they will refuse you.
Visa refusals become a permanent entry on an applicant’s record in the Visa Information System (VIS), which can complicate the processing of subsequent visa applications to any Schengen country.
The Fast-Track Myth
Billimoria also emphasized that there are no provisions within the Schengen system for fast-tracking or expediting visa applications regardless of urgency or the applicant’s willingness to pay extra fees.
This stands in stark contrast to the visa systems used by other countries. For example, the UK provides UAE residents with guaranteed availability of an appointment within five working days, which has led to an increase in applications to the UK from the UAE.
Please first decide where you’re going and please apply to the Schengen country you’re supposed to be traveling to. Please do not come to us and say anything will do. There is no such thing as anything.
Billimoria’s point about choosing the correct country ties directly into a wider issue raised by Besart Bajrami, the founder of SchengenVisaInfo: many refusals stem from travelers applying at the wrong consulate in the first place. He explains how this plays out in real applications:
We have seen many cases of visa refusals based on violation of Article 5. Consular officers check each part of your application for visas – flights, accommodations, itinerary, etc., and clearly see when a person who has applied through Malta, spends eight days in Germany, and only two in Malta. The issue here isn’t how to “play” the game; this is about following EU laws. Using the appropriate member state may be less convenient, however demonstrates your understanding and compliance with the laws and regulations and builds stronger cases.
Shifting Travel Patterns Reshape Demand
Behavioral changes among UAE travelers have resulted in the creation of new travel patterns to Europe, with a significant increase in demand for off-season travel.
There is an important trend that has taken hold among UAE residents and travelers — that of changing the mindset of traveling only in the summer months. Many UAE residents travel prior to the summer and in the autumn and winter months.
The decision to travel during non-summer months results primarily from cost savings, improved logistics and lower crowding associated with traveling to Europe during these times. The resulting shift in travel patterns has caused a surge in demand for certain destinations in Europe, specifically to Nordic countries, during the month of December, as travelers seek out experiences related to viewing the Northern Lights.
These seasonal shifts in demand help to alleviate pressure on appointment systems during the typical summer peak travel season.
Fraudulent Agents Exploit Desperate Travelers
The existence of these myths regarding faster processing options create opportunities for fraudulent agents to exploit desperate travelers. Billimoria warned UAE residents to avoid dealing with unscrupulous agents who claim to provide guaranteed appointments or expedited processing services for an additional fee.
These types of agents operate outside of the valid processes and channels of embassies and authorized visa centers like VFS Global and therefore should be avoided by UAE residents. If you are looking for a visa, do not fall victim to these types of scams.
As evidenced by the continued existence of these schemes, there continues to be a high degree of frustration among travelers due to the limited number of available appointments.
Official application channels include authorized visa centers such as VFS Global facilities and direct embassy submissions. Any third-party services claiming to provide access to the inside of the visa processing system or providing special processing services should be treated with extreme skepticism.
What UAE Residents Should Actually Do
For travelers currently navigating the Schengen visa rules, the guidance is relatively straightforward. Identify your main destination based on either the duration of your stay in that country or the primary purpose of your trip. Then, apply to that country’s consulate or an authorized service provider. If you are planning to visit multiple countries and spend an equal amount of time in each country, apply to the member state that you will enter first when crossing the border into the Schengen Area.
SchengenVisaInfo experts have written a very detailed article on choosing the right Schengen country to apply for a visa when visiting multiple Schengen countries.
Carefully document your itinerary as you may be required to present documentation proving your travel plans. Also, consider traveling to Europe during shoulder seasons (i.e., autumn and winter) as these times offer both better travel conditions and lower prices than peak summer travel.
Lastly, avoid using any agent or service provider that promises a faster processing outcome than is permissible under the official processing guidelines and regulations of the Schengen visa system. If the offer seems too good to be true within the context of the Schengen visa system, it probably is.
Border Control Consequences: When “Visa Shopping” Catches Up
When you get the visa it does not mean the adventure has ended. Applicants for visas who were able to gain their visa using an improper member state also risk problems during the process of getting into or out of the Schengen area at the border controls.
At every entry point to the Schengen area the border control agents do not simply scan the applicant’s visa and send them on their way.
They commonly ask for the applicants’ destination, the amount of time they are going to spend in the Schengen area, and what type of travel they plan to undertake.
For example, imagine a traveler who obtained a Luxembourg issued visa and now is being asked to explain why he is traveling to France for 10 days and then taking a one-day excursion to Luxembourg. It is clear that something is amiss.
Travelers should be aware that border control agents possess the power to deny entry to anyone possessing a legitimate visa if they believe the visa was secured using the wrong member state. The border agent may choose to deny entry immediately as long as they believe the visa was obtained using the wrong country.
Once the traveler leaves the Schengen area, the potential dangers associated with the exit phase process may be greater than those experienced during the entry phase.
By the time a traveler reaches the exit phase, border control agents are capable of determining the traveler’s travel history. Hotel reservations, train tickets, and accommodation confirmation, all of these types of documents provide evidence of a traveler’s actual accommodations during his/her stay in Europe.
Therefore, when a traveler exits the Schengen area with a Maltese visa, but all of the booking records show that he/she spent his/her entire week in Spain, it would raise questions.
Visa shopping does not always go undetected. Although travelers may be able to enter a country without any problems, there will usually be discrepancies noted by immigration officials between the countries on the traveler’s itinerary and the country that has issued them a visa. The SIS records these discrepancies; they become available for use by all consular offices when an applicant applies for a visa for another time; and as such may cause increased scrutiny or may even result in refusal for many years into the future.
A visa shopper may feel they are taking a minor shortcut at the time but it could have lasting effects throughout the entire Schengen Area, Bajrami points out.
