Nigerians are facing increasing frustrations from Embassies of most countries in terms of outcomes of their visa applications. Though there is a heightened anti -immigration sentiment around the world, Nigerians appear to be regarded as applicants of special concern and treated in a manner that suggests that their presence is an irritation. Immigration officers now jump on even the flimsiest of reasons to refuse applications, sometimes, even without rational reasons. This being the case, a Schengen visa applicant must be well -informed and must submit an application that meets and surpasses the ordinary requirements to stand a chance of a positive outcome.
The scrutiny faced by Nigerian applicants has reached an all-time high. With the introduction of the EU’s updated risk-assessment models and the rollout of the Digital Schengen Visa platform, “standard” documentation is no longer enough. To be successful, your application must not only be complete; it must be absolutely without blemish. You must aim to surpass the normal eligibility assessment by proving your case beyond a shadow of doubt.
As immigration solicitors practicing in Lagos, Abuja and the United Kingdom, We have reviewed thousands of refusal notices. Most rejections are not due to a lack of merit, but due to avoidable poor presentation, and “technical” failures.
Here are some critical definitive steps to ensuring that your chances to succeed is optimal.
- THE “GOLDEN RULE” OF JURISDICTION:
A common error is applying to the wrong embassy. Under the Schengen Visa Code, you must apply to:
- The country that is your sole destination.
- If visiting multiple countries, the country that constitutes your main destination in terms of length or purpose of stay. Do not “embassy shop”, based on perceived ease of approval. If your itinerary shows 6 days in Netherlands but you apply through the Spanish Consulate because the appointment was easier or your friend told you their success rate is higher, you are courting an immediate refusal under Ground 2 of the Schengen standard refusal letter as follows:
JUSTIFICATION FOR THE PURPOSE AND CONDITIONS OF THE INTENDED STAY WAS NOT PROVIDED/ RELIABLE.
Always apply through the Embassy of your main destination and do not be seen as trying to abuse or to take advantage of the Schengen application system by applying through an Embassy that you have no business with.
2) AVOID FALSE, FORGED,COUNTERFEIT DOCUMENTS AND FALSE INFORMATION
An act of dishonesty would only guarantee a refusal, now and in future applications.
2) LEGAL CONSEQUENCES OF PROVIDING FORGED/ FALSE DOCUMENTS IN SCHENGEN APPLICATIONS:
a) immediate visa denial,
b) automatic visa ban for 5 years and permanent in some cases,
c) possible criminal prosecution with imprisonment and/or fine,
d) your name will be added to the EU alert system and you may be permanently ineligible to obtain a visa to any European country.
3) PURPOSE OF VISIT:
You must have a genuine and persuasive reason for the visit. If you are applying to attend a conference, it must directly relate to your career, you must demonstrate its importance to your career progression, the event must be “A” rated and it would be prudent to show that you are not able to attend a similar event elsewhere. The hurdle would be higher if you are traveling for the first time.Your Cover Letter must be professionally crafted and engineered to make the strongest case possible. If you are coming for tourism, to visit family or friends, or for whatever reason, you must make a good effort to justify your intention. Your application will stand no chance if the purpose for the visit is not strong enough. First time tourist applicants are advised to seek the assistant for an experienced immigration adviser for proper assessment and guidance.
4) PROVISION OF ADEQUATE FUNDS
This is where a great number of Nigerian applications fail. Consulates are not just looking at a high bank balance; they are looking for financial consistency , verifiable sources of funds and its sustainability.
- Avoid sudden “Large Deposits” : A sudden N20,000,000 deposit a few days before your application is a “red flag.” Embassies view this as “arranged funds.”, especially where the history of the account indicates that the large deposit stands in isolation, and from a source that is unexplained and unsupported by credible evidence. Your bank statements should show a consistent history of income and expenditure over at least 3 to 6 months.
Ensure your available funds comfortably cover flights, 5-star accommodation, and daily expenses without seriously depleting your account balance. You will not be viewed as a genuine applicant if it appears that the cost of the visit would wipe out all or a great part of your account balance. We do not recommend that the personal account balance should be less than 20 million Naira and the source must be evident. - Source of Funds: If you are a business owner, provide your company’s CAC documents and CAC evidence that the company is ACTIVE. Provide major documents relating to the operations and activities of your business and the corporate bank statements. If you are an employee, your salary credits must match your pay slips. Provide an introduction letter from your employer confirming your date of employment, your position and salary. You must provide evidence and explanation about any substantial deposits not related to your salary. If you have additional sources of income, you must provide evidence.
5). INTENTION TO LEAVE AFTER YOUR VISIT:
The claim that “YOUR INTENTION TO LEAVE THE TERRITORY OF THE MEMBER STATES BEFORE THE EXPIRY OF YOUR VISA CANNOT BE ASCERTAINED” is the commonest reason for a refusal.
A visit applicant is viewed as a potential over-stayer. It is the duty of the applicant to rebut this presumption.To do this, you must prove you have more to lose by staying in Europe than by returning to Nigeria.
You have to demonstrate that you have sufficiently strong family, economic, social and other ties that would make it unreasonable to insist that you may not return home. Marriage Certificate, children’s Birth Certificates, property assets, stock and other significant investments, previous travel records, are some of the factors that an applicant may consider.
6) SIS ALERT:
You must be sure that you do not have a bad SCHENGEN travel record that has led to your information to be put in the Schengen Information System (SIS). If this is the case,it would be necessary to resolve the matter and to get your name removed before another application. Do not apply until this is done. To get your name deleted from the SIS would require the assistance of an immigration lawyer with knowledge and experience in this area of practice.Harvard Consults is eminently capable to assist.
7) PROVIDE VALID AND ADEQUATE TRAVEL INSURANCE FROM A RECOGNIZED COMPANY TO A MINIMUM OF €30,000.
8) FLIGHT RESERVATION and Hotel BOOKING:
Use a verifiable PNR. Embassies do check if the reservation is still active during the processing period. Ensure your hotel bookings cover every night of your stay. Any gap in this regard could lead to a refusal.
9) YOUR TRAVEL ITINERARY, ACCOMMODATION BOOKING must be consistent, verifiable and MUST NOT BE CANCELLED after submission.
10) THE 90/180 DAY RULE:
If you have been visiting SCHENGEN countries in the past, make sure that you are within the 90/180 day RULE. You must not have stayed more than 90 days in the last 180 days within the Schengen area.
11). THE IMPORTANCE OF A WELL- PRESENTED COVER LETTER CANNOT BE OVEREMPHASIZED.
Your cover letter is the “narrative” of your application.
Professionalism in Presentation: this is critically important and often makes the difference. Presentation must be flawless.The Cover Letter must be well -articulated, well -argued and persuasive. The author must be versed in the fundamentals of the applicable immigration rules. He must anticipate every possible ground for a refusal and must navigate the application away from such potential hazards.
12) PREVIOUS TRAVEL HISTORY:
A travel history to countries such as the UK, US, Canada, Schengen would be helpful. A lack of travel history is not necessarily a basis for a refusal. An experienced immigration adviser would find a way to mitigate and counter-balance this shortcoming.
An applicant must not be dishonest. Never conceal a previous visa refusal or bad immigration record. Instead, address it head -on in the cover letter, explaining what has changed in your circumstances since that decision or event. With the transition toward digital visas, the EU’s Schengen Information System (SIS) is more integrated than ever. If you have a previous refusal from any Schengen country, it will be visible to all other Schengen countries.
13) CRIMINAL RECORD, NATIONAL SECURITY AND PUBLIC HEALTH CONCERNS
These are mandatory grounds for a refusal and an applicant is advised to consult an immigration lawyer if he has a criminal record, communicable disease of public health significance or has been considered as a threat to national security.
CONCLUSION
Schengen visa application may seem simple and straightforward. Do not be deceived. There is more to it than meets the eyes. An experienced immigration adviser will likely make a difference by conducting pre- application audit, identify and strengthen the weak links and make sure that your chances are maximized to the best of the available evidence.
If you are looking forward to making an application for Schengen or other visas, contact our Lagos or Abuja office to take the benefit of our experience and competencies.
Eddie Onyeka
Lead Consultant