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Q: Schengen Visas ( Answered,   1 Comment )
Question  
Subject: Schengen Visas
Category: Relationships and Society > Law
Asked by: basak-ga
List Price: $30.00
Posted: 02 May 2005 16:04 PDT
Expires: 01 Jun 2005 16:04 PDT
Question ID: 516967
I am a Turkish citizen residing in the UK.  I have a 1 year Schengen
visa obtained from the German Consulate in the UK a few months ago. 
However, I was not able to travel to Germany as planned after I got
this visa.  Can I now travel to Spain with this visa even though I
have not entered my planned first point of entry (Germany)?

Request for Question Clarification by hummer-ga on 02 May 2005 19:00 PDT
Hi basak,

Are you sure you have a Schengen visa?  There are three types of
Schengen visas (Airport Transit, Transit, and Short Stay Entry), and
they all have a limit of three months.  What type of visa do you have
which is for one year?

Thanks,
hummer

Clarification of Question by basak-ga on 03 May 2005 01:35 PDT
Yes, I'm sure that I have a Schengen visa (multiple-entry short stay)
I meant that the visa is valid for a year but of course, I can only
spend upto 3 months in the Schengen area.  Hope this is clear.

Thanks,

Basak
Answer  
Subject: Re: Schengen Visas
Answered By: hummer-ga on 03 May 2005 08:49 PDT
 
Hi  basak,

The country that will be the first point of entry is responsible for
issuing the Schengen visa. The point of entry is important because
that is where the passport control will take place. In your case, if
you tried to enter Spain now, the border officials would ask you why
you did not apply at the Spanish consulate for your Schengen visa. If
you can reply honestly that your main destination is Germany (backed
up by some documents to prove it) then you may be ok (but it is at the
discretion of the border official). Otherwise, you should contact the
Spanish consulate in the UK to explain your situation because each
country has its own entry requirements and questionnaires to fill out.

"The proviso is that the first point of entry has to be the country
that issued the visa thereafter you can travel at will."
http://www.orchidofsiam.com/orchidofsiam/Info_For_Thais_New_To_The_UK

"The passport control is done at the first point of entry in the
Schengen area.. All flights between two or more Schengen States are
considered to be «domestic» flights."
http://www.consulfrance-boston.org/article.php3?id_article=467 

"In every country's mission abroad there are identical rules of
issuing visas for all members of the Schengen agreement, but also
rules specific for each country. Different questionnaires are filled
out, different references are required. You can really visit any of
the Schengen countries, but it is preferable to enter the one that
issued the visa. Although there is no formal control within the
"internal borders" of the Schengen zone, but if you are suddenly
confronted by a policeman in the train who asks you what you were
doing there you would have to reply. "
http://www.glanceatrussia.ru/eng/014.htm

"If there is no principal trip destination (e.g. when visiting several
countries), the first state via which a Schengen country is entered,
is responsible for issuing the visa."
http://b2b.wien.info/data/fakten.pdf

"We got our Schengen visas from the German Embassy in India, despite
the fact that we landed only in Amsterdam. Ours was a trip to
Netherlands and Germany, with more time in Germany. At Amsterdam, the
customs guy did ask why did I get the visa from German and not Dutch
consulate and I told hime to his satisfaction that the main country of
stay is Germany (which it was)"
http://www.fodors.com/forums/pgMessages.jsp?fid=2&tid=34440867&numresponses=4&start=0

Multiple Entry Visa. 
"You will need to contact the UK embassy of the country you wish to
visit, as each country will
have its own entry requirements for visitors."
http://www.nottingham.ac.uk/international/studentsupport/Europe%20Visa%20Leaflet%200404.pdf

Spanish Embassy
Consular Section
20 Draycott Place
London SW3 2RZ
tel  (020) 7589 8989 Consular Section
fax (020) 7581 7888 Consular Section
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029396086&a=KDiplomaticList&aid=1013618543885

I hope I've been able to help sort this out for you. If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.

Thank you,
hummer

Google Search Terms Used:

spain passport control is done at the first point of entry in the Schengen area
schengen "first point of entry"  country that issued the visa
enter the one "that issued the visa" schengen
change "entry country" schengen
change of travel plans schengen
london spanish embassy
schengen visa (multiple-entry short stay) 
schengen visa
Schengen visa port of entry

Request for Answer Clarification by basak-ga on 03 May 2005 14:33 PDT
Thanks Hummer.  So I guess the answer is: it depends on the
immigration officer at the border.  I've been trying to call the
Spanish Embassy in London but I cannot manage to talk to someone.  The
only number I can find is an automated service to get information and
book an appointment.  Do you know if there is another number I can
call and speak to someone live?

Clarification of Answer by hummer-ga on 03 May 2005 17:47 PDT
Hi basak,

I'm glad you wrote. I finally managed to find a good website for the
Spanish Embassy in the UK. However, it's not clear that there is
actually a number for talking to a real person. If one can't be found,
then you'll have to try talking to the German Embassy where you got
your visa. When I said "but it is at the discretion of the border
official", I meant if you were able to say that Germany is your main
destination. If you've no intention of going to Germany, I'd be
surprised if they'd let you pass into Spain. It's always best to deal
with this before your trip, rather than taking the chance of being
rejected at the border. I think you'll get through to someone at the
British Council (third link below) because it is a private
organization, it's possible they'll charge for the service, though. 
At any rate, have a look at the following link.

Consulado de Espana en Londres:
" Holders of Schengen visas are still subject to immigration control
at the point of entry and are not guaranteed entry into any of the
Schengen member countries, should they not comply with current travel
regulations, even though they may hold a valid visa for these
countries."
http://www.conspalon.org/indexeng.html

You could try this number:
(020) 7235 5555
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029396086&a=KDiplomaticList&aid=1013618543885

The British Council is an independent organisation and is not
connected to the Spanish Consulate.
    British Council
    Bridgewater House
    58 Whitworth Street
    Manchester
    M1 6BB
    Tel: + 44 (0)161 957 7755
    Fax: + 44 (0)161 957 7762
http://www.conspalon.org/indexeng.html

Did you try this one (probably a recording)?:
ADDRESS and OFFICE HOURS
Consulado General de España en Londres
Consulado de España en Londres
20 Draycott Place, London SW3 2RZ
Visa 24hr information line: 09065 508 970 (calls cost £1 per minute).
http://www.conspalon.org/indexeng.html

Please let me know if you get through to somebody!  If I find anything
else, I'll let you know.
Good luck,
hummer
Comments  
Subject: Re: Schengen Visas
From: myoarin-ga on 02 May 2005 18:01 PDT
 
That is a very good question.

http://www.delvnm.cec.eu.int/en/Schengen_visa/in_schengen.htm

This site from the EU says that you "should" apply for the visa at the
consulate of the country that you originally want to visit.  An
Austrian site said definitely that with a Schengen visa you could
enter the Schengen countries in any one of them, but another EU site
explains about many different types of Schengen visas ...
You can probably search the subject as well as I can.
I hope that you or someone else can find an answer you can trust.
Good luck.

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