Willingness to return Schengen visa
All important information on the willingness to return and proof of the willingness to return when applying for a Schengen visa.
Share:
Here you learn ...
what the willingness to return is for a Schengen visa
how the willingness to return can be proven
what country-specific differences there are in the willingness to return
What you can do if you are rejected because of a lack of willingness to return
Table of contents
1. Willingness to return with a Schengen visa
2. When is there a desire to return?
3. Country-specific differences in willingness to return
4. Legal protection rejection due to lack of willingness to return
5. FAQ
6. Conclusion Willingness to return Schengen visa
1. Willingness to return with a Schengen visa
A visa may only be issued if there is no indication that entry or stay would compromise public interests ( Section 5, Paragraph 1, No. 3 of the Residence Act ). These public interests include, in particular, that the stay is lawful and not used to circumvent residence regulations. Therefore, if there is suspicion that the actual purpose of the stay does not correspond to the visa applied for, or that there is no credible intention to return , the application will be rejected.
When applying for a Schengen visa, the applicant's willingness to return is a key prerequisite for the visa to be granted. The Schengen area is based on the assumption that a stay is limited to a maximum of 90 days within a 180-day period. To prevent abuse—for example, entry with the aim of illegal employment or permanent settlement—the responsible German diplomatic mission must verify during the visa application process whether the person will actually leave the country after the visa expires (see Article 21 of the Visa Code ).
2. When is there a desire to return?
The decision as to whether there is a willingness to return is always made within the framework of a prognosis decision , which takes into account all relevant circumstances of the individual case.
The examination covers in particular the following aspects:
Family ties in the country of origin (spouse, children, relatives in need of care)
Economic circumstances , in particular an existing employment relationship or self-employment
Social integration and social connection
Assets , such as real estate ownership or bank accounts in the country of origin
Previous visa use and timely departure
In many cases, a mere return ticket is not sufficient to prove the intention to return – especially for applicants from countries with high migration pressure. Rather, extensive evidence of economic, social, and family ties to the country of origin (e.g., contracts, certificates, or registry extracts) must often be submitted.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
3. Country-specific differences in willingness to return
The requirements for proving a willingness to return are not the same in all countries. While a return ticket and credible travel documents are often sufficient for applicants from Western countries, the standards are significantly stricter in other countries . The practice of the German embassy in Pakistan, for example, is particularly restrictive, as are those in India, Turkey, and numerous African countries. In these countries, applicants or their family members are often required to provide, in addition to travel documentation, a valid employment contract in their country of origin, proof of property, income, or other "economic roots."
If there are doubts about the intention to return or the purpose of the stay, the German diplomatic mission abroad may schedule a personal interview in accordance with Article 21, Paragraph 8 of the Visa Code . The goal is to clarify any ambiguities regarding the information provided in the application, the financing of the stay, or the applicant's family background. In practice, however, it is relatively rare for applicants to manage to convince an embassy employee (who already has doubts) during the interview that they are willing to return.
4. Legal protection rejection due to lack of willingness to return
If a Schengen visa is denied due to a perceived lack of willingness to return, it is possible to submit a remonstration to the embassy within one month (if the legal remedy provides for the possibility of remonstration). This remonstration is usually justified in writing and supported by additional evidence. If the remonstration is also unsuccessful, the last step is to file alawsuit with the Berlin Administrative Court , which, according to Section 52 No. 2 of the Code of Administrative Court Procedure (VwGO) , has jurisdiction over all visa disputes worldwide.
In these proceedings, the question often arises as to whether the embassy's assessment is based on concrete facts or merely on general assumptions . Case law makes it clear in this regard: A negative prognosis decision must not be made schematically, but only on the basis of the individual case. In principle, practice shows that there is a good chance of success in court proceedings based on a lack of willingness to return. Rejection decisions due to a lack of willingness to return are often overturned by the Berlin Administrative Court. It can therefore be worthwhile to have a lawyer review the rejection of a Schengen visa due to a lack of willingness to return. This lawyer may still be able to obtain the granting of the Schengen visa before the Berlin Administrative Court.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. FAQ
What does the willingness to return mean for a Schengen visa?
The willingness to return is a key requirement for issuing a Schengen visa. The German diplomatic mission abroad must be convinced that the applicant will return to their country of origin within the time limit after the visa expires. If this conviction is lacking, the visa will generally be denied.
How can the willingness to return be proven?
The willingness to return is demonstrated by family, economic, and social ties in the country of origin. These include an ongoing employment relationship, property, family obligations, or studies. A mere return ticket is not sufficient in most cases.
Why do the requirements for willingness to return differ from country to country?
The requirements vary from country to country, as German embassies apply particularly strict standards to applicants from countries with increased migration pressure. Countries like Pakistan, India, or Nigeria often require additional documentation such as employment contracts, proof of ownership, or bank statements.
6. Conclusion
The willingness to return is a key criterion when reviewing a Schengen visa application. German diplomatic missions abroad assess on a case-by-case basis whether there are credible indications that the applicant will return to their country of origin after the expiration of the permitted period of stay. Family, economic, and social ties, as well as previous visa experience, are particularly important. The requirements for proving willingness to return vary considerably depending on the country of origin – applicants from countries with increased migration pressure are usually required to submit significantly more extensive documentation. If a visa application is rejected due to an alleged lack of intention to return, those affected should not simply accept this. A remonstration or a lawsuit before the Berlin Administrative Court may be successful – especially if the rejection is based on blanket assumptions rather than a specific case-by-case assessment. Therefore, it is often worthwhile to have a lawyer review a rejection notice in order to still obtain a Schengen visa and realize legitimate travel plans.
This might also interest you
List of sources
[1] For the assessment criteria in the case of a lack of willingness to return, see VG Berlin, judgment of 26.10.2012 - 22 K 30.12
[2] Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
