Which embassy for Schengen visa
All information on how to find the responsible Schengen embassy in your area for a German Schengen visa.
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Here you learn ...
how to find the right embassy near you
how the habitual residence is determined for the Schengen visa
which embassy is responsible if you have multiple travel destinations
how to apply for a Schengen visa in the Schengen area
Table of contents
1. Schengen Embassy near you (residence)
2. Habitual residence in special cases
3. Which message several destinations
4. Apply for a Schengen visa in the Schengen area
5. FAQ
6. Conclusion responsible Schengen Embassy
1. Schengen Embassy near you (residence)
Anyone applying for a Schengen visa at an embassy that is not competent will generally have their application rejected. The embassy or consulate closest to you or your legal place of residence is generally responsible for applying for a Schengen visa ( Article 6 of the Visa Code ). In practice, documents such as a current registration certificate, a rental agreement, or a driver's license with an address are considered proof of residence. In exceptional cases, an application may also be submitted by persons who are merely legally residing in the jurisdiction without actually living there – provided they provide a convincing explanation as to why they were unable to submit their application in their country of residence.
You can find out which embassy is closest to you using the embassies' so-called "consulate finders." These consulate finders are used to determine the jurisdiction of the embassies. For example, the following consulate finders exist:
German embassies around the world provide their own tools for determining the Schengen embassy closest to you in your country. Using their websites, you can easily determine which embassy is responsible for your Schengen visa application. However, you should always be aware that not every diplomatic mission abroad issues visas . Embassies are generally responsible for issuing visas, while consulates perform more diplomatic duties. Consulates general (e.g., in the USA or India) often have a mixed function.
2. Habitual residence in special cases
The territorial jurisdiction for Schengen visa applications is generally based on the applicant's legal residence (see above). The decisive factor is the official district of the foreign mission in which the applicant is permanently residing. In exceptional cases, however, an embassy that is not locally responsible may accept the application – particularly if the applicant is temporarily legally residing in the official district and can convincingly demonstrate that submitting an application to the official representation that is actually responsible is not possible or unreasonable . Such cases arise, for example, in groups traveling together with their primary residence in the official district or in cases of short-term absence from their actual residence. Applications from third-country nationals who are illegally residing in the host country are inadmissible and will generally not be accepted.
If you are outside your home country and there is no formally responsible embassy available, it may be worth trying to apply for a visa under goodwill arrangements . In some cases, embassies will process applications for Schengen visas if there are problems at the embassy that is actually responsible. This has long been the case for the embassy in Syria, for example (these applications are processed in Beirut). For a while, Schengen applications from Russia were also processed in Belarus. Ultimately, in many cases, it all comes down to the argument: If you can provide a plausible reason why you cannot apply to the responsible embassy, there is a chance that an embassy that is not actually responsible will accept the application.
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. Which message several destinations
A common problem when determining the jurisdiction of Schengen embassies is the question of which country's embassy should apply for a Schengen visa if the applicant intends to travel through multiple Schengen countries . Jurisdiction depends largely on the destination. If the trip involves only one destination country, the country's diplomatic mission is solely responsible for visa processing. So, for example, if you intend to travel exclusively to Germany, you must obviously apply for your visa at the German embassy in your place of residence.
If the trip includes several Schengen states, the main destination – i.e. the state with the longest stay or the main purpose of the trip – determines responsibility ( Article 5 (1) (b) of the Visa Code ). If there is no clearly identifiable main destination, the state through whose external border the person first enters the country is responsible ( Article 5 (1) (c) of the Visa Code ). Responsibility is also clearly defined for multiple-entry visas: Here, the Schengen state visited most frequently is considered responsible. If this cannot be clearly determined, the state of the first planned entry is responsible.
4. Apply for a Schengen visa in the Schengen area
In some cases, applicants must apply for a Schengen visa even though they are already in the Schengen area . While third-country nationals can move within the Schengen area for 90 days with a national residence permit ( Article 21 of the Schengen Convention ), this time may not be sufficient. Another application of the Schengen visa in the Schengen area is the application for a so-called Schengen hybrid visa.
When applying for a Schengen visa within the Schengen area, third-country nationals who are legally resident in the territory of a Member State and who require a visa to enter the territory of one or more other Member States must apply for the visa at the diplomatic missions or consulates of their destination ( Article 7 of the Visa Code ). In practice, however, this can cause problems, as many embassy staff are unaware of this regulation and simply believe that a Schengen visa cannot be issued within the Schengen area. If you are faced with this problem, one of our VISAGUARD lawyers will be happy to advise you.
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
Which embassy is responsible for my Schengen visa application?
The embassy or consulate of the Schengen state in which you legally reside is generally responsible. Proof of residence may include a registration certificate or a rental agreement. Submitting an application to an embassy that is not responsible will generally result in rejection.
What applies if there are multiple destinations within the Schengen area?
If there are multiple destinations, jurisdiction is determined by the so-called main destination – that is, the country with the longest stay or the main reason for travel. If there is no main destination, the country of first entry determines the jurisdiction of the embassy.
When can an embassy that is not competent accept the application anyway?
In exceptional cases, an embassy that is not actually competent may accept an application if it can be clearly demonstrated that submitting an application to the competent representation is unreasonable or impossible. This may be the case, for example, in cases of stays outside the country of residence or in special diplomatic situations.
What does habitual residence mean for a Schengen visa?
The habitual residence is the applicant's legal and permanent place of residence. The consular district of the embassy in which the applicant primarily resides is decisive. In exceptional cases, a temporary residence may also lead to jurisdiction if filing an application in the applicant's home country is not possible.
6. Conclusion
Choosing the right Schengen embassy is crucial for a successful visa application. In principle, the diplomatic mission in whose jurisdiction the applicant is legally and habitually resident is always responsible. This must be documented by appropriate evidence such as a registration certificate or a rental agreement. In exceptional cases, an embassy that is not locally responsible may nevertheless accept the application – provided it can be proven that submitting the application to the responsible embassy is not possible or unreasonable. Even when traveling through several Schengen states, the main destination determines responsibility. If there is no main destination, the embassy of the state through whose external border the applicant first enters the country is responsible. In special situations – such as hybrid visas or visa applications within the Schengen area – a particularly careful examination of the legal situation is required, as these applications are often mistakenly rejected. In such cases, legal advice is recommended.
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