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I. NEW
RULES ON FACILITATION OF ISSUANCE OF VISAS AS OF
APRIL 5, 2010
The purpose of the present Agreement is to facilitate, on
the basis of reciprocity, the procedures for issuing visas for an intended
stay of no more than 90 days per period of 180 days to the citizens of the Republic of Moldova.
The purpose of the present Agreement is to facilitate, on
the basis of reciprocity, the procedures for issuing visas for an intended
stay of no more than 90 days per period of 180 days to the citizens of the Republic of Moldova.
This Agreement does not apply to the United Kingdom of
Great Britain and Northern Ireland, Ireland, the Kingdom of Denmark, the Republic of Iceland and the Kingdom of Norway. The Agreement defines a Lumber of
simplified procedures (facilities) for the issuance of visas. These
stipulate:
1. Necessary documents
For the following categories of citizens the following
documents shall suffice for justifying the purpose of their journey: The
general requirement of personal appearance for the submission of the visa
application and supporting documents will remain unaffected. In individual
cases, in which doubts remain regarding the purpose of the journey, the
applicants' intention to return to his/her country of origin or to proof
sufficient means of subsistence proportionate to the length and the purpose
of the stay, the visa applicant can be called for an additional in depth
interview to the embassy/consulate. In such individual cases, additional
documents can be provided by the visa applicant or exceptionally requested by
the consular officer.
(a) for members of official delegations who, following an
official invitation addressed to the Republic of Moldova, are to participate
in meetings, consultations, negotiations or exchange programs, as well as in
events held in the territory of the Member States by intergovernmental
organisations:
- a letter issued by a Moldovan authority confirming that the applicant is a
member of the official delegation;
- a copy of the official invitation sent by the EU institution or by the
member state;
(b) for members of the professions participating in international
exhibitions, conferences, symposia, seminars or other similar events held in
the territory of the Member States:
- a written invitation (original) from the host organisation confirming that
the person concerned is participating in the event;
(c) for business people and representatives of business organisations:
- a written request from a host legal person or company, or an office or a
branch of such legal person or company, state or local authorities of the
Member States or organising committees, endorsed by the State Chamber of
Registration of the Republic of Moldova;
(d) for drivers conducting international cargo and passenger transportation
services to the territories of the Member States in vehicles registered in
the Republic of Moldova:
- a written request (original) from the national association of carriers of
the Republic of Moldova providing for international road transportation,
stating the purpose, duration and frequency of the trips;
(e) for members of train, refrigerator and locomotive crews in international
trains travelling to the territories of the Member States:
- a written request (original) from the competent railway company of the
Republic of Moldova stating the purpose, duration and frequency of the trips;
(f) for journalists:
- a certificate (original) issued by a professional organisation proving that
the person concerned is a qualified journalist and
- a document issued by his/her employer stating that the purpose of the
journey is to carry out journalistic work;
(g) for persons participating in scientific, cultural and artistic
activities, including university and other exchange programmes:
- a written request from the host organisation (original);
(h) for pupils, students, post-graduate students and accompanying teachers
who undertake trips for the purposes of study or educational training,
including in the framework of exchange programs as well as other school-related
activities:
- a written request (original) or
- a certificate of enrolment (original) from the host university, college or
school or
- student cards or certificates of the courses to be attended;
(i) for participants in international sports events and persons accompanying
them in a professional capacity:
- a written request (original) from the host organization (competent
authorities, national sport Federations or National Olympic Committees of the
Member States);
(j) for participants in official exchange programs organized by twin cities
and other localities:
- a written invitation (original) from the Head of Administration/Mayor of
these cities or other localities;
(k) for close relatives - spouse, children (including adopted), parents (including
custodians), grandparents and grandchildren - visiting citizens of the
Republic of Moldova legally residing in the territory of the Member States:
- a written invitation (original) from the host person, including the
evidence of family relationship and of the legal residence on the territory
of the Member State;
(l) for representatives of civil society organizations when undertaking trips
for the purposes of educational training, seminars, conferences, including in
the framework of exchange programs:
- a written invitation (original) issued by the host organization, a
confirmation that the person is representing the civil society organization
and the certificate on establishment of such organization from the relevant
Register issued by a state authority in accordance with the national
legislation;
(m) for persons visiting for burial ceremonies:
- an official document confirming the fact of death as well as confirmation
of the family or other relationship between the applicant and the deceased;
(n) for visiting military and civil burial grounds:
- an official document (original) confirming the existence and preservation
of the grave as well as family or other relationship between the applicant
and the buried;
(o) for persons visiting for medical reasons and necessary accompanying
persons:
- an official document of the medical institution confirming necessity of
medical care in this institution, the necessity of being accompanied, and
proof of sufficient financial means to pay for the medical treatment.
What is in the written invitation/request?
For the invited person: name, surname, date of birth,
sex, citizenship, number of the identity document, time and purpose of
journey, number of entries, and name of minor children accompanying the invited
person.
For inviting person: name, surname, address and contact details.
For inviting legal person: full name and address, name and position of the
person signing the request and registration number for companies based in the
Member States.
2. Visa handling fee.
The fee for processing a visa application is 35
EUR.
This fee will apply to all Moldovan citizens (including
tourists) and concerns all types of Schengen visas, i.e. transit and
short-stay visas, irrespective of the number of entries.
Taking into consideration that the fee corresponds to the
administrative expenses for a visa application processing, it has to be paid
when filing the application and it is not refunded in case of a visa refusal.
3. Exemption from the visa fee
Certain categories of persons benefit from a waiving of
the visa fee:
(a) close relatives - spouse, children (including
adopted) parents (including custodians), grandparents and grandchildren of
citizens of the Republic of Moldova legally residing in the territory of the
Member States;
(b) members of national and regional Governments and Parliaments,
Constitutional Court and Supreme Court if they are not exempted from the visa
requirement by this Agreement;
(c) members of official delegations who, following an official invitation
addressed to the Republic of Moldova, are to participate in meetings,
consultations, negotiations or exchange programs, as well as in events held
in the territory of the Member States by intergovernmental organizations;
(d) pupils, students, post-graduate students and accompanying teachers who
undertake trips for the purposes of study or educational training, including
in the framework of exchange programs as well as other school related
activities;
(e) disabled persons and the person accompanying them, if necessary;
(f) persons who have presented documents proving the necessity of their
travel on humanitarian grounds, including to receive urgent medical treatment
and the person accompanying such person, or to attend a funeral of a close
relative, or to visit a seriously ill close relative;
(g) participants in international sports events and persons accompanying them
in a professional capacity;
(h) persons participating in scientific, cultural and artistic activities
including university and other exchange programs;
(i) participants in official exchange programs organized by twin cities or
other localities;
(j) journalists;
(k) children under the age of 18 and dependent children under the age of 21;
(l) pensioners;
(m) drivers conducting international cargo and passenger transportation
services to the territories of the Member States in vehicles registered in
the Republic of Moldova;
(n) members of train, refrigerator and locomotive crews travelling to the
territories of the Member States;
(o) members of the professions participating in international exhibitions,
conferences, symposia, seminars or other similar events held in the territory
of the Member States.
4. Criteria for issuing multiple-entry visas (for
a stay of maximum 90 days within 180 days) valid for a long period of time
a) multiple-entry visas with a term of validity of up to five years are
issued to the members of national and regional Governments and Parliaments,
Constitutional Court and Supreme Court, permanent members of official
delegations, spouses and children (including adopted), who are under the age
of 21 or are dependent, and parents (including custodians) visiting citizens
of the Republic of Moldova legally residing in the territory of the Member
States, business people and representatives of business organizations and
journalists, for the time of duration of their authorization for legal
residence or of their mandate, if these are less than five years.
b) multiple-entry visas with a term of validity of up to one year are issued
to members of official delegations, representatives of civil society
organizations, members of the professions participating in international
exhibitions, conferences, symposia, seminars or other similar events, drivers
conducting international cargo and passenger transportation services, members
of train crews, persons participating in scientific, cultural and artistic
activities, including university and other exchange programs, participants in
international sports events, students and post-graduate students,
participants in official exchange programs organized by twin cities or other
localities, provided that during the previous year they have obtained at
least one visa, have made use of it in accordance with the laws on entry and
stay of the visited State and that there are reasons for requesting a
multiple-entry visa.
c) multiple-entry visas with a term of validity of a minimum of 2 years and a
maximum of 5 years are issued to the categories of persons referred to in
paragraph b), provided that during the previous two years they have made use
of the one year multiple-entry visas in accordance with the laws on entry and
stay of the visited State and that the reasons for requesting a
multiple-entry visa are still valid.
5. Length of procedures for processing visa
applications
A decision on a visa application shall be taken within 10 calendar days of
the date of the receipt of the complete visa application and the supporting
documents. For diplomatic missions and consular posts that have an
appointment system, the period of time to get an appointment is not counted
as part of the processing time.
This period may be extended up to 30 days when further scrutiny is needed.
6. Departure in case of lost or stolen documents
The concerned categories of persons may leave the territory on the grounds of
valid identity documents issued by diplomatic missions or consular posts
without any visa.
7. Extension of visa in exceptional circumstances
For reasons of force majeure, visas will be extended free of charge for the
period required for the return.
8. Visa exemptions
Holders of Moldovan diplomatic passports are exempted from the visa
requirement for periods of up to 90 days per period of 180 days.
II. THE
"SCHENGEN VISA"
1. What does "Schengen Visa" mean?
In total 24 States apply Regulation No 539/2001 and have
a full common visa policy which goes beyond the list of third countries whose
nationals are subject to visa obligation. These are the "Schengen
States": Austria, Belgium, the Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia,
Slovenia, Spain, Sweden and Switzerland.
A visa issued by one of these 24 countries is valid, in principle, not just
for the country which issued it, but also for the other 23 countries.
The visa sticker, which looks the same for all Schengen States, bears the
words "valid for Schengen States". Alphanumeric codes also indicate
the country in which the visa was issued.
The procedures and conditions of issue for Schengen visas are set out in the
Common Consular Instructions, published in Official Journal C 326 of 22
December 2005.
2. What are the categories of Schengen visa?
The various types of visa are defined in the Common
Consular Instructions (CCI).
Short-stay visa (Type "C", as indicated on the
visa sticker). This visa is issued for one, two or several visits. Its period
of validity varies. It allows stays which do not exceed three months over a
six-month period.
Transit visa (Type "B", as indicated on the visa
sticker). This visa is issued to persons who must transit through the
territory of one or more Schengen States before continuing their journey to a
third country. This visa may be issued for one, two or, in exceptional
circumstances, several transits. The duration of each transit must not exceed
five days.
Airport transit visas (Type "A" visa, as indicated
on the visa sticker). This visa is required for nationals of certain third
countries who are flying to another third country but making a stopover or
transfer in an airport of a Schengen State.
During this transfer or stopover, the persons concerned must remain in the
international transit area of the airport without entering the territory of
the Schengen State in question.
Non-Schengen States use the same three main visa categories.
3. Where can I get a visa?
You can apply for a visa to the consular service of the
main destination Schengen State. Visas are only issued at borders in
exceptional and duly justified cases.
A stay in one or more Schengen States requires an initial visit to the
consulate of the main destination country.
Practical example: If you wish to travel around Europe for three weeks,
spending two weeks in Italy and one in France, you should go to the Italian
consulate.
It is sometimes difficult to determine the main destination, for example
where the traveller intends to make several consecutive short stays of
approximately the same length in various Schengen States. In this case, you
should go to the consulate of the country of the first entry into the
Schengen area.
Practical example: A businessman plans a trip to Europe to meet business
partners in various European capitals, in each of which he will stay for one
or two days. He has booked a trip to Frankfurt, from which he will continue
on his journey. In this case, the appropriate consulate is the German
consulate.
For a stay in one or more non-Schengen States, you should go to the
consulates of each of the countries you plan to visit.
4. What do I need to do to apply for a visa?
The minimum requirements are set out below. You must:
* complete and sign a visa application form. Schengen States use a standard
form, available in all the official languages of the European Union. The form
is free.
* present a current passport whose date of expiry is later than the end of
the proposed stay;
* describe the purpose and circumstances of your visit - see point I.1 - list
of documents to be submitted for various categories of persons regarding the
purpose of the journey;
* specify means of transport;
* demonstrate sufficient means of subsistence for the proposed journey and
for the return trip to the Republic of Moldova (for example: certification of
financial means, lodging in a private home or an invitation by a firm or an
institution);
* demonstrate that you have travel insurance for the trip with minimum cover
of €30 000.
In the consulates of the Schengen States in question you can obtain specific
details on the supporting documentation to be provided according to the
various situations and types of visa.
5. On what criteria are the examination of the
application and the consulate's decision based?
The consulate examines and checks the supporting
documentation submitted by the applicant. Where necessary, further
documentation may be requested. If there are any doubts, a one-to-one
interview with the applicant should clear them up. In examining a visa
application, it is essential to be satisfied that the applicant intends to
return to his or her place of origin. The consulate will also check that the
applicant is not registered in the Schengen Information System (SIS) as being
banned from entry and that he or she does not constitute a threat to public
order.
6. Why does the consulate stamp passports during
the process of application for a Schengen visa?
The Common Consular Instructions provide that the
consulate which receives the visa application should stamp the passport of
the applicant. The stamp indicates, by means of alphanumeric codes, the type
of visa requested from the Consulate, the Schengen State to which the
consulate belongs and the date.
The main reason for stamping the passport is to inform other consulates that
a visa application has already been submitted, to avoid successive visa
applications in different consulates.
7. Can entry be refused even with a valid visa?
The Community Code on the rules governing the movement of
persons across borders (published in OJ L 105 of 13 April 2006) sets out the
conditions for entry into the territory of the Member States. Holding a valid
passport and visa (in the case of citizens of third countries where a visa is
needed) are only two of the conditions of entry.
The conditions of entry are initially checked by the consulates which examine
visa applications. The issuing of a visa presupposes that the consulate
considered that the conditions of entry were fulfilled at the time the visa
was granted.
The conditions of entry are checked a second time when the person presents
him/herself at the external border (land, sea or airport) of the Member
States. If the border police decides that a person holding a visa does not
fulfill the conditions of entry (for example: the person does not have the
necessary means of subsistence for the duration of their stay), they will be
refused entry, even if they have a visa in their passport.
Important: Visa holders should carry with them supporting
documents to demonstrate that they fulfill the conditions of entry, so that
they can present them if need be during the checks at the EU border.
8. Is there any specific procedure which has to
be followed after arriving in the territory of a Schengen or non-Schengen State?
The duration of the stay in the territory of a Schengen State is the period indicated on the visa sticker (in days, to be calculated from
the date on the passport entry stamp). It is not necessary to apply for a
residence permit for this period as it is already covered by the visa.
Some Schengen and non-Schengen States require that the visa-holders report
their presence to an administrative authority within a certain period.
It is advisable to ask whether this is necessary when applying for
the visa and when presenting yourself at the border.
9. Does the visa confer the right to work?
The "C" Schengen visa is a short-stay visa,
valid for the period specified when applying for the visa.
If you wish to carry out an economic activity during your short stay, you
will have to complete a series of specific formalities to obtain a work
permit.
Important: It is not permitted to carry out an economic
activity when travelling under a Type "C" Schengen visa which has
been issued for private or family reasons, or for the purposes of tourism.
Carrying out such an activity could lead to sanctions.
10. Can I extend the visa in Europe?
A Type "C" Schengen short-stay visa can only be
extended in Europe in exceptional circumstances. The extension may never exceed
the maximum duration of a Type "C" visa (three months in a
six-month period).
If a Moldovan citizen finds that he or she is unable to leave the territory
of the Member State by the date indicated on their visa for reasons of force
majeure, the term of their visa shall be extended free of charge in
accordance with the legislation applied by the receiving State for the period
required for their return to their state of residence (see point I.7.).
11. Can I obtain a residence permit in Europe?
The Schengen Type "C" visa is issued for a
short stay. Use of a Type "C" visa in order to apply, when in Europe, for a residence permit, is an abuse of the Type "C" visa. In other than
really exceptional circumstances, the residence permit will be denied.
12. If your visa application is refused:
Can I find out the reasons for the refusal?
The Common Consular Instructions do not oblige Schengen
States to inform visa applicants of the reasons for a refusal. Whether or not
reasons are given is governed by the legislation of each Member State. In the case of non-Schengen States, it is also national legislation which governs
the question whether reasons are given for visa refusals.
Can I appeal?
The Common Consular Instructions do not oblige Schengen
States to offer the possibility of appeal against a visa refusal. This
question is governed by the legislation of each Schengen State.
For non-Schengen States, it is also national legislation which governs
possible appeals against visa refusal decisions.
Can I apply again after my application has been
refused?
In principle, a decision to refuse a visa has no
consequences for the future. A visa request is examined on the basis of the
application form, the supporting documentation and information provided by
the applicant, in particular during the one-to-one interview.
Nevertheless, the reasons which led a consulate to refuse a visa in the first
place could well be based on circumstances which will not change over a given
period of time (such as the specific circumstances of the applicant,
including their social, professional, economic, family or personal
situation), making it possible for the person to be deemed an immigration
risk. It is possible, therefore, that the next Schengen consulate which
receives an application from the person in question will draw the same
conclusions as the first one, that is, that the visa should be refused.
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