SCHENGEN VISAS

If a Schengen visa is refused (or annulled or revoked), visa applicant receives a standard form containing the reason(s), as well as guidance on possible remedy = request for review of visa refusal (annulation / revocation) of a Schengen visa, i.e. appeal.

The appeal must be submitted to the consulate that refused the visa and within 15 days after receiving the standard form. The appeal can be submitted in person or by post, in either case it must be signed by the appellant or his/her legal representative. Instructions are given in the standard form.

In the appeal, the appellant states the reasons for the appeal, i.e. why he/she considers the consulate´s decision to be incorrect. Information that was not part of the visa application cannot be the reason for the appeal.  

If the Schengen visa application is refused on the grounds of prior consultation objection, the applicant receives the standard form indicating one or more of the following reasons:

● one or more Member States consider the applicant to be a threat to public policy or internal security (reason no. 7),

● one or more Member States consider the applicant to be a threat to public health as defined in point (21) of Article 2 of Regulation (EU) 2016/399 (Schengen Borders Code) (reason no. 8), or

● one or more Member States consider the applicant to be a threat to their international relations (reason no. 9).

If CZE is the Member State or one of the Member States of the Schengen Area that issued the objection, visa applicant can seek protection against such designation in CZE. For more information, the applicant can contact the Alien Police Service, which is the institution responsible for prior consultations when processing Schengen visas. If objection was entered by another Member States of the Schengen Area, not CZE, visa applicant can seek protection against such designation with this other Member State.

The fee for filing an appeal is 80 euros. For family members of EU/CZE citizens, this fee is waived. 

The consulate forwards the appeal to the Ministry of Foreign Affairs that reviews it within 60 days. The result is subsequently communicated to the appellant by the consulate that refused (annulled / revoked) the Schengen visa.

If the Ministry of Foreign Affairs confirms the visa refusal, the appellant is entitled to request a judicial review within 30 days after the receipt of the review decision. Pursuant to § 172.7 of the Act No 326/1999 Coll., on the Residence of Foreign Nationals in the Czech Republic, the court in charge is the District Court in whose jurisdiction the appellant would register the entry and residence in CZE. The address of the planned residence in CZE must be clearly stated in the Schengen visa application.

LONG-TERM VISAS AND RESIDENCE PERMITS

If a long-term visa or residence permit is refused, the appeal should be sent directly to the Ministry of the Interior - Department for Asylum and Migration Policy, not through the consulate.

 

Legal sources:

○ 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) – Article 32.3

○ Act No 326/1999 Coll., on Residence of Foreign Nationals in the Czech Republic and Amending Certain Acts (available in Czech) – § 169t.11+12, § 170, § 170a, § 170b, § 170c, § 172

○ Act No 500/2004 Coll., Administrative Code (available in Czech) – § 68.5, Section VIII

Useful links:

○ Ministry of the Interior – Legal force of a decision and appeals