Visa

Other visa issues

Revocation and annulment of visas

a. Schengen visa

• is revoked if, within the period of validity of the visa, it is found that the conditions for issuing it are no longer fulfilled (Article34(2) of the Visa Code).

• can also be revoked at the request of the visa holder (it usually applies to situations in which the planned period of stay in the Schengen area changes).

b. National visa

A national visa is withdrawn ex officio in the cases specified in Article 90 of the Act on Foreigners: as a rule, this applies to the grounds in Article 65 of the Act on Foreigners for refusing to issue a national visa, except in the situation where the foreigner's data are in the Schengen Information System for the purposes of refusing entry and have been entered by another Member State.

A visa is annulled if, at the time of issue of the visa, the conditions for issuing the visa were not fulfilled (Schengen visa: Article 34(1) of the Visa Code) or there were circumstances justifying its refusal (national visa: Article 91 of the Act on Foreigners).

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Remark!

• The main difference between revocation and annulment of a visa is that in the case of revocation of a visa – the visa holder ceased to meet the conditions of stay after the visa was issued, and in the case of annulment of the visa – the original decision of the visa authority was wrong (the visa should not be issued).

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Decision to revoke or annul a visa

Pursuant to Art. 92 of the Act on Foreigners, a Schengen visa or a national visa is withdrawn or annulled by a decision of the consul, the minister competent for foreign affairs, the commanding officer of the Border Guard branch or the commanding officer of the Border Guard post.

In the case of visas issued to members of diplomatic missions or consular posts or to other persons treated as such in terms of privileges and immunities under laws, agreements or generally established international customs, as well as to members of their families, the visa shall be revoked or annulled by the minister responsible for foreign affairs by addressing a note to the Ministry of Foreign Affairs of the foreign State or its diplomatic mission.

A decision to revoke or annul a Schengen visa shall be issued on a form in accordance with:

• Annex VI to the Visa Code for Schengen visas;

• annex to the Regulation of the Minister of Internal Affairs of 25 May 2021 on the annulment and revocation of visas for foreigners (Journal of Laws of 2021, item 984).

An appropriate annotation of the revocation or annulment of the visa shall be recorded in the foreigner's travel document or on the blank on which the visa sticker is affixed. In the event that the revocation or annulment of a national visa takes place in a situation where the decision-making authority does not have access to the foreigner's travel document or the blank on which the visa sticker was placed – the data of such a sticker are entered into the Schengen Information System.

That decision shall be immediately enforceable.

Visas issued at the external borders

Article 35 of the Visa Code allows, in exceptional cases of visas, the issuance of Schengen visas at the border in cases where:

• the applicant fulfils the entry conditions laid down in Article 6(1)(a), (c), (d) and (e) of the Schengen Borders Code;

• the applicant has not been able to apply for the visa in advance and shall, if necessary, provide supporting documents which support unforeseeable and absolute reasons justifying the need for entry; and

• it is assessed that the applicant's return to the country of origin or residence or transit through the territory of countries other than Member States fully applying the Schengen acquis is certain.

In the case of a visa issued at the external border, the requirement for the applicant to be in possession of a medical traveller may be waived where such insurance is not available at the border crossing point.

A visa issued at the external borders shall be issued for the period necessary to fulfil the purpose of the stay or transit, but not exceeding 15 days.

If a foreigner does not meet one of the above-mentioned entry conditions or belongs to the category of persons for whom it is necessary to consult the central authorities of the Member States (Article22(1) of the Visa Code), it is possible to issue a visa with limited territorial validity.

Typical cases of applying for a visa at the external borders are:

• sudden illness or death of a loved one;

• the need to take care of a minor;

• evacuation to a third country through the territory of the Member States.

The fees for a Schengen visa levied at the external borders are identical to those of the Member States' consults.

Visas issued to crew members of seagoing vessels

Seagoing ship crew members subject to the visa requirement when crossing the external borders of the Member States may be issued with a transit visa when:

• they fulfil the conditions for issuing visas at the external borders laid down in Article 35(1) of the Visa Code;

• he border is crossed in order to embark or re-embark on a ship on which they will work as a crew member; or for disembarkation from the ship.

Additional procedures for issuing visas to members of seagoing vessels at the external borders are described in the Annex to the Commission Implementing Decision establishing operational instructions for issuing visas to seafarers at the external borders (Decision C(2020) 64 of 15.1.2020).