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VISAS

REVEALED: EU plans digital-only Schengen visa application process

Soon those non-EU nationals requested to have a Schengen visa to travel to European countries will no longer need to go to a consulate to submit the application and get a passport sticker, but will be able to apply online. 

REVEALED: EU plans digital-only Schengen visa application process
A picture taken on September 28, 2021 in the Moroccan capital Rabat shows a Moroccan passport backdropped against a Schengen visa. (Photo by FADEL SENNA / AFP)

The European Commission has proposed to make the Schengen visa process completely digital.

The special visa, which allows to stay for tourism or business (but not work) in 26 European countries for up to 90 days in any 6-month period. 

Nationals of third countries such as South Africa, India, Pakistan and Sri Lanka need the Schengen Visa to visit Europe, but they are not needed for other non-EU nationals such as Britons or Americans. You can see the full list of countries who need a Schengen visa here.

The proposal will have to be approved by the European Parliament and Council, but is in line with an agreed strategy that EU governments are keen to accelerate in the aftermath of the pandemic. 

Once agreed, the system will be used by the countries that are part of the border-free Schengen area. These include EU countries, excluding Ireland (which opted out), and Bulgaria, Romania, Croatia and Cyprus (which do not issue Schengen visas). Iceland, Norway, Lichtenstein and Switzerland, which are not EU members but have signed the Schengen Convention, will be part of the new system too.

Paper-based processes required applicants to travel to consulates to submit the application and collect their passports with the visa, a procedure that “proved problematic during the COVID-19 pandemic,” the Commission said.

Some EU countries have already started to switch to digital systems but not all accept online payments for the visa fees. 

When the new system will be in place, the Commission says, applicants will be able to check on the EU Visa Application platform whether they need a visa. If so, they will create an account, fill out the application form, upload the documents and pay. 

The platform will automatically determine which Schengen country will be responsible for the application and applicants will be able to check their status and receive notifications. Travellers will then be able to access the visa online, and if needed extend it too.

“Half of those coming to the EU with a Schengen visa consider the visa application burdensome, one-third have to travel long distance to ask for a visa. It is high time that the EU provides a quick, safe and web-based EU visa application platform for the citizens of the 102 third countries that require short term visa to travel to the EU,” said Commissioner for Home Affairs Ylva Johansson.

“With some member states already switching to digital, it is vital the Schengen area now moves forward as one,” said Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas.

However, first-time applicants, people with biometric data that are no longer valid or with a new travel document, will still have to go to a consulate to apply.

Family members of citizens from the EU and the European Economic Area, as well as people who need assistance, will also be able to continue to apply on paper. 

The EU Visa Application platform will be used from third countries whose nationals must be in possession of a visa to enter the EU and is different from the ETIAS (European Travel Information Authorisation), which is currently under development.

The ETIAS will be used by non-EU nationals who are exempt from visas but who will need to apply for a travel authorisation prior to their trip. This will cost 7 euros and will be free for people below the age of 18 and above 70. 

Based on the discussion between the European Parliament and Council, the Commission could start developing the platform in 2024 and make it operational in 2026. EU countries will then have five years to phase out national portals and switch to the common online system. 

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For members

LIVING IN FRANCE

Overstaying, working without a permit and polygamy – what can get you deported from France?

From committing a crime to overstaying your 90-day limit and even having multiple wives - here is a look at all the things that can get foreigners deported from France, and how likely this is in reality.

Overstaying, working without a permit and polygamy - what can get you deported from France?

If you’re living in France and you’re not a French citizen, there are certain scenarios in which you can be expelled from the country, and although this isn’t an everyday occurrence there are quite a wide range of offences that can see you kicked out of France. 

Process

In France, there are a few different deportation procedures for foreigners.

Expulsion – The first, which you may have heard about before, is “expulsion”, which means you must leave the country immediately.

French Interior Minister Gérald Darmanin recently made headlines after calling for the expulsion of an Imam for making anti-Semitic, homophobic and sexist comments, as well as speeches that were “contrary to the values of the Republic.” 

For the average person, being expelled from France is very unlikely.

Under president Nicolas Sarkozy, a 2003 law was passed allowing for three possibilities to expel foreigners who are already “integrated” into France – if they have engaged in “behaviours likely to undermine the fundamental interests of the State; that are linked to activities of a terrorist nature; or constitute acts of incitement toward discrimination, hatred or violence because of the origin or religion of persons.”  

In most cases though, “expulsion” only occurs if a person is living in France illegally (ie without a residency permit or visa) and they represent a “serious threat to public order.” 

Notice to quit – The more likely scenario for the deportation of a foreigner living in France is an OQTF (Obligation de quitter le territoire français) – an obligation to leave France.

The decision is made by your préfecture. You will be formally notified, in a document which outlines which country you are to return to, as well as the time limit for when you must leave France. 

This can occur following a prison sentence, or if your residency permit has been withdrawn (again, the most common scenario is following a criminal conviction) or if your application to renew a residency permit has been denied.

You can challenge an OQTF. In most cases, the administrative court responsible for handling appeals should offer a response within six weeks.

Barred from returning – if you have committed an immigration offence such as overstaying your visa or overstaying your 90-day limit, this is often only flagged up at the border as you leave France. In this circumstance, you are liable to a fine and can also be banned from returning to France. Bans depend on your circumstance and how long you have overstayed, but can range from 90 days to 10 years.

In practice, being barred from returning is the most common scenario for people who have overstayed their visa or 90-day limit, but have not been working or claiming benefits in France.  

You can be ordered to leave France within 30 days if you are in one of the following situations:

  • You entered France (or the Schengen area) illegally and you do not have a residency permit or visa. You can be immediately ordered to leave France under specific scenarios such as representing a threat to public order or being a “risk of fleeing.”
  • You have entered France legally, but you have overstayed your visa or overstayed your 90-day limit. If you stay more than 90 days in every 180 in the Schengen area without a valid residency permit, then you can receive an OQTF, although in practice this is not the most common response.

READ MORE: What happens if you overstay your 90-day limit in France?

  • Your residency permit application or your temporary residence permit has not been renewed or has been withdrawn.
  • Your residence permit has been withdrawn, refused or not renewed or you no longer have the right to stay in France (more on this below). 
  • You failed to apply to renew your residency permit, and stayed after the expiration of your previous permit. Keep in mind that once your permit expires, you can stay an additional 90 days in France if your home-country does not require a 90-day visa. However, in order to do this you must exit the Schengen zone and come back in to re-start the clock. 
  • You are working without a work permit and have resided in France for less than 3 months. A scenario where this might apply would be coming to France for under 90-days as a tourist (ie without a visa) and take a seasonal job. If you are found to have done this, you can receive an OQTF.
  • Other scenarios include being an asylum seeker whose application for protection was definitively rejected, or being categorised as a threat to public order (for those who have resided in France for less than 3 months).

Why might my residency permit be withdrawn or refused?

For those with a valid temporary or multi-annual residency permit, you might have your titre de séjour withdrawn in any of the following scenarios: 

If you no longer meet one of the necessary conditions for obtaining the permit in the first place. Keep in mind that if you have a salarié residency permit or a passeport talent, these cannot be withdrawn if you become “involuntarily unemployed” (meaning – you do not need to worry about potentially being deported if you lose your job). The best advice for this would be to request a change of status as needed rather than staying on a permit that no longer applies to you.

If you did not fulfil all the criteria for renewing your permit – this could involve failing to appear for an appointment you have been summoned to by the préfecture. 

If your permit was issued on the basis of family reunification, you could lose your titre if you have broken off your relationship with your spouse during the 3 years following the issuance of the permit. This does not apply in the case of death or spousal abuse, and there are exceptions for couples who have children settled in France. 

Other reasons might include:

  • Living in a state of polygamy in France
  • Serious criminal conviction (drug trafficking, slavery, human trafficking, murder etc.)
  • Illegally employing a foreign worker
  • Having been deported or banned from French territory previously
  • Being a threat to public order (usually terrorism related)

If you have a residency card, you can also lose your right to residency if you are out of France for a period of between 10 months and two years – depending on the type of card you have.

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