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ISSUING OF UNIFORM VISAS
作者:joyweb    發布于:2015-01-19 21:58:00    文字:【】【】【
A uniform visa allows the visa holder to circulate in the entire territory of the Member
States. A visa with a limited territorial validity, on the contrary, allows the visa holder
to circulate only in the Member State(s) for which the visa is valid.
a. Period of validity of a uniform visa
This is the period during which the visa holder may use his visa. It should correspond
to the information provided by the applicant. Unless Member States should decide
otherwise, in all cases, an “additional grace period of 15 days” should be included in
the period of validity to allow for a certain room for manoeuvre for the visa holder.
However, the period of validity of the visa should not go beyond the validity of the
travel document of the applicant.
b. The length of the stay of a uniform visa
This period is the effective number of days that the visa holder may stay in the
territory of the Member States during the period of validity of the visa. This period
may be from 1 up to 90 days. It should correspond to the intended purpose of stay
or transit. In case of transit, it stay thus shall correspond to the time necessary for
the purpose of the transit.
c. Extension of the period of validity and duration of stay
The period of validity and/or the duration of stay of an issued visa shall be extended
where the competent authority of a Member State considers that a visa holder has
provided proof of force majeure or humanitarian reasons preventing him from leaving
the territory of the Member States before the expiry of the period of validity of or the
duration of stay authorised by the visa. Such an extension shall be granted free of
charge.
d. Number of entries of a uniform visa
The number of entries refers to the number of visits that the visa holder may carry
out during the period of validity while respecting the length of the authorised stay.
A visa may be issued for one, two or multiple entries:
(a) A one entry visa allows for one entry, i.e. the visa holder is allowed to
travel once to the territory of the Member States and he is not allowed to
re-enter once he has left this territory,
(b) A two entries visa allows for two entries, i.e. during the period of validity
of the visa, the visa holder is allowed two stays for a total of 90 days per
any 180-days period.
For seafarers, given the particular circumstances under which they work,
two-entry visas should be issued with a validity taking into account the
duration of the work.
Example: A seafarer from Indonesia, who is a first time applicant, is
traveling to Sweden to board a ship and complete a 10 month contract. To
allow the seafarer to disembark the ship back into a Schengen port and
transit through the Schengen territory after his 10 month contract has come
to an end, a visa for two entries may be issued.
(c) A multiple entries visa allows for multiple entries, i.e. during the period
of validity of the visa, the visa holder is allowed to stay up to 90 days per
six-month period. The stay can be divided into as many separate trips as
wished by the visa holder.
Multiple-entry visas shall be issued with a period of validity between six
months and five years. In such case, the duration of the authorised stay is
always 90 days per any 180-days period. However, multiple entry visas
may also be issued with a shorter validity than 6 months.
e. The specific case of multiple entry visas
- Conditions for multiple entry visas
Multiple entry visas shall be issued if the following conditions are met:
(a) The applicant proves the need or justifies the intention to travel
frequently and/or regularly, in particular due to his occupational or
family status, such as seafarers.
(b) The applicant proves his integrity and reliability, in particular the lawful
use of previous uniform visas or visas with limited territorial validity, his
economic situation in the country of origin and his genuine intention to
leave the territory of the Member States before the expiry of the visa
applied for.
- Multiple entry visas for seafarers
Seafarers are a particular category of persons for which "unforeseeable and
imperative" reasons are relatively frequent because of unforeseeable changes (due
to for instance weather conditions) of schedules of the ship on which the seafarer is
to embark, re-embark on or disembark from. Therefore, seafarers having proved
their integrity and reliability, in particular the lawful use of previous uniform visas or
visas with limited territorial validity and the holding of a corresponding work contract
generally qualify as a category for the issuing of a multiple entry visa with
a longer period of validity, for the purpose of transit. As for the period of
validity, the length of time of the seafarer’s work contract should be taken into
account and, if applicable, previous extensions of work contracts. In justified
individual cases, the validity of the multiple entry visa may exceed the duration and
the extensions of the work contract."
- Verification and calculation of the length of previous and intended stays
The consulate shall check the length of previous and intended stays in order to verify
that the applicant has not exceeded or will not exceed the maximum duration of
authorised stay in the territory of the Member States, irrespective of possible stays
authorised under a national longstay visa or a residence permit issued by another
Member State, i.e. only stays covered by a uniform visa or a visa with limited
territorial validity should be counted.
The day of entry shall be calculated as the first day of stay in the territory of the
Member States and the day of exit shall be calculated as the last day of stay in the
territory of the Member States.
The notion of "any", implies the application of a "moving" 180-day reference period,
looking backwards, at each day of the stay, into the last 180 days period, in order to
verify if the 90 days/180 day requirement continues to be fulfilled. This means that
an absence for an uninterrupted period of 90 days allows for a new stay for up to 90
days.
The following examples should illustrate the calculation method of the length of stays:
A third country national has been granted a multiple entry visa for 2 year (11.8.2014
to 10.8.2016) allowing for a stay of 90 days per 180 days. The visa holder enters on
14.8.2014 and leaves on 30.8.2014 (17 days). On 15.12.14 the person enters again
and leaves only on 22.06.2015. What is the situation on specific dates? When should
this person have left?
- On 1.2.2015: Over the last 180 days (6.8.2014 – 1.2.2015) the person had
stayed 17 days (14.-30.8.14) plus 49 days (15.12.2014 - 1.2.2015) = 66 days
= No overstay.
- On 25.2.2015: Over the last 180 days (30.8.2014 – 25.2.2015) the person
had stayed 1 day (30.8.2014) plus 73 days (15.12.2014 - 25.2.2015) = 74
days = No overstay.
- On 14.3.2015: Over the last 180 days (16.9.2014 – 14.3.2015) the person
had stayed 90 days (15.12.2014 - 14.3.2015) ? 14.3.2015 = Last day of
authorised stay.
To assist with the calculation of previous and intended stays, the Visa Handbook
recommends Member States to use the 'length of stay calculator':
http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-andvisas/
border-crossing/index_en.htm.

 
 
 
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