Asylum with a Schengen Visa: Conditions
Asylum with a Schengen Visa: Conditions and FAQs
The Schengen Visa is a document that allows its holder to travel freely within the Schengen Area, which is a group of 26 European countries that have abolished border controls. This visa is mainly used by tourists, students, and business people who wish to visit or stay in the Schengen Area for a certain period of time. However, there are some cases where the Schengen Visa can be used to apply for asylum.
What is Asylum?
Asylum is a protection granted by a country to a person who is unable or unwilling to return to their home country due to a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Asylum is different from refugee status, which is granted to individuals who are outside their country of origin and are unable or unwilling to return due to the same reasons as mentioned above.
Conditions for Asylum with a Schengen Visa
1. The applicant must have a valid Schengen Visa and be present in the Schengen Area when they apply for asylum.
2. The applicant must submit their asylum application within three months of their arrival in the Schengen Area.
3. The applicant must have a well-founded fear of persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group.
4. The applicant must not be a threat to national security or public order in the Schengen Area.
5. The applicant must not have already been granted asylum or international protection by another country.
6. The applicant must not have entered the Schengen Area using false documents or through illegal means.
7. The applicant must stay in the country where they have applied for asylum until a decision is reached on their application.
FAQs
Q: Can I apply for asylum with a Schengen Visa if I am already in my home country?
A: No, you must be present in the Schengen Area when you apply for asylum.
Q: Can I apply for asylum with a Schengen Visa if I entered the Schengen Area illegally?
A: No, you must have entered the Schengen Area legally with a valid Schengen Visa.
Q: Can I travel to other Schengen countries while my asylum application is being processed?
A: No, you must stay in the country where you have applied for asylum until a decision is reached on your application. However, in some cases, you may be able to obtain permission to travel to other countries for specific purposes.
Q: How long does it take to process an asylum application?
A: The processing time varies by country and can take several months or even years.
Q: What happens if my asylum application is denied?
A: If your asylum application is denied, you may be asked to leave the Schengen Area. However, you may also have the right to appeal the decision or apply for other types of international protection.
Conclusion
Applying for asylum with a Schengen Visa is possible under certain conditions. If you believe you are eligible for asylum based on a well-founded fear of persecution in your home country, you should seek legal advice and assistance with your application. Asylum may provide you with the protection you need to live freely and safely.