This document is an excerpt from the EUR-Lex website
Regulation (EC) No 810/2009 establishing the EU’s Visa Code
Procedures and conditions for issuing visas
The European Union (EU) Member State that is the sole or main destination of the visit is responsible for examining the visa application. If the main destination cannot be determined, it becomes the responsibility of the country of first entry into the Schengen area.
Applications
A uniform visa (valid for the whole Schengen area) may be for multiple entries with a maximum validity of 5 years.
A visa with limited territorial validity (limited to particular Member States) may exceptionally be issued in cases where the applicant does not fulfil all the entry conditions, on humanitarian grounds, for reasons of national interest, because of international obligations, or in situations where other Schengen countries consulted object to the issuing of a visa.
Admissibility
After verifying whether the application is admissible (i.e. submitted following the rules), the competent authority must:
Under amending Regulation (EU) 2021/1134, background checks on applicants would be reinforced before a decision is taken on granting a visa. Rules and procedures for searches in sensitive and non-sensitive EU databases containing security and migration information are set out. Once in effect, Member States would be required to collect biometric identifiers of the applicant comprising a facial image and 10 fingerprints (for storage in the VIS) and, at the time of submission of the first application and subsequently at least every 59 months thereafter, the applicant must appear in person.
If the application is inadmissible, the authority would have to:
Airport transit visas
Multiple-entry visas
Multiple-entry visas with long validity may be issued for one, two or multiple entries. The Visa Code sets out rules on the issuing of multiple entry visas with a progressively longer length of validity:
Airport transit visas and visas limited to particular countries are not taken into account when taking decisions on the issuing of multiple-entry visas with a long validity.
Visas issued at the external borders
Decisions on visa applications
Cooperation on readmission
Respect for human dignity and fundamental rights
Amending Regulation (EU) 2021/1134 also introduces stipulations that Member States’ consular and central authorities’ staff must fully respect human dignity and the fundamental rights and principles recognised by the EU’s Charter of Fundamental Rights when performing their duties. They shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendments and repeals
See also:
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) (OJ L 243, 15.9.2009, pp. 1–58).
Successive amendments to Regulation (EC) No 810/2009 have been incorporated into the original text. This consolidated version is of documentary value only.
Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, pp. 11–87).
Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, pp. 1–13).
See consolidated version.
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, pp. 14–55).
See consolidated version.
Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, pp. 39–58).
See consolidated version.
Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, pp. 1–71).
See consolidated version.
Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, pp. 13–19).
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, pp. 1–52).
See consolidated version.
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60–81).
See consolidated version.
Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, pp. 4–23).
See consolidated version.
last update 11.11.2021