Blog

The Schengen Area, also often referred to as the Schengen Zone, is a single area made up of the territories of 29 European countries that have abolished border controls at their mutual borders. Citizens of countries that are not members of the Schengen Area must obtain a Schengen visa in order to visit one of the Schengen member states.

The Schengen Area was named after the Schengen Agreement, which was signed on June 14, 1985, by five European countries (Belgium, France, Germany, Luxembourg, and the Netherlands). Signed in a picturesque setting aboard the ship “Princess Marie-Astrid” on the Moselle River near Schengen, a small town in Luxembourg on the border with France and Germany, the Schengen Agreement marked the beginning of a unified border and visa policy on European soil.

The Republic of Serbia is not a member of the Schengen Area, but Serbian citizens can travel freely to Schengen member countries without having to obtain a Schengen visa in advance. On the other hand, foreign nationals who live and work in Serbia but are not citizens of Schengen member states may submit applications to obtain Schengen visas.

JURISDICTION FOR SUBMITTING SCHENGEN VISA APPLICATIONS

Applications for Schengen visas are submitted to the diplomatic and consular missions of Schengen member states in the Republic of Serbia. Since the Schengen Area consists of 29 European countries, most of which have diplomatic and consular missions in Serbia, the question of jurisdiction for issuing a Schengen visa arises. The primary criterion for determining jurisdiction is the purpose of travel, that is, the destination country within the Schengen Area to which the visa applicant is traveling. For example, if the applicant is traveling to a business conference in Vienna (Austria), the competent authority would be the Embassy of Austria in Serbia.

However, in some cases, the applicant’s destination country is a state that is not a member of the Schengen Area – for example, the Russian Federation. In such situations, the diplomatic-consular mission of the first Schengen member state the applicant will enter on their way to the final destination is responsible for processing the Schengen visa application – for instance, the Embassy of Hungary in Serbia.

CONDITIONS AND REASONS FOR ISSUING SCHENGEN VISAS

An approved temporary residence or a single permit for residence and work in Serbia is the main prerequisite for obtaining a Schengen visa at the diplomatic and consular missions of Schengen member states located in Serbia. Approved temporary residence refers to the right of a foreign national to stay in Serbia for more than 90 days within a 6-month period, while an approved single permit grants the foreign national the right to reside and work in Serbia for the same period. The duration of the temporary residence or the single permit represents the maximum period for which a Schengen visa may be requested.

A Schengen visa can be issued for various reasons, such as tourism, business, family visits, sports, medical treatment, education, and others. Along with the visa application, it is necessary to provide evidence supporting the reason for requesting the Schengen visa.

SCHENGEN VISA ISSUANCE PROCEDURE

The application for a Schengen visa must be submitted in person, in written form, to the competent diplomatic or consular mission of a Schengen member state. During the application process, the applicant may seek professional assistance from a lawyer to ensure that the application is properly completed and accompanied by all the necessary supporting documents.

The application can be submitted no earlier than 6 months and no later than 15 days before the intended visit to the Schengen Area. A Schengen visa can be issued for a single, double, or multiple entry to Schengen member states. A decision on the visa application is made within 15 days, although in exceptional cases this period can be extended up to a maximum of 45 days.

For more information on this, as well as other issues related to foreign nationals’ rights, it is best to contact a lawyer.