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Earlier this year it was in news around more favorable Schengen visa rules for Indians with travel history : https://www.eeas.europa.eu/delegations/india/european-union-adopts-more-favourable-schengen-visa-rules-indians_en?s=167

However this notification mentions:

According to the newly adopted visa “cascade” regime for India, Indian nationals can now be issued long-term, multi-entry Schengen visas valid for two years after having obtained and lawfully used two visas within the previous three years. The two-year visa will normally be followed by a five-year visa, if the passport has sufficient validity remaining.

I am not very clear on point which states "if sufficient validity of passport is remaining". There are 2 key points:

  • If I meet all conditions but my passport validity is remaining for 2 years, then I cannot get visa for more duration? People renew the passport , so this seems like unfair to people having less remaining duration for passport.
  • If all my travels are in previous passports and I get a new passport then am I losing my travel history? I have noticed that VFS offices don't accept previous passports as part of application. In such cases should I be highlighting my travel history separately.

2 Answers 2

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The passport validity condition is odd in light of the fact that Schengen visas are not normally bound to passport validity (see for example my answer to the question 'Can I use the valid Schengen visa in old passport?'). Unfortunately, the European Council decision has not yet been published, so we can't readily see the actual terms of the decision itself. However, it's possible to request the document from the linked page, which I have done, and, if I receive it, I will return to edit this answer.

Without knowing the document's contents, we can say this:

If I meet all conditions but my passport validity is remaining for 2 years, then I cannot get visa for more duration? People renew the passport , so this seems like unfair to people having less remaining duration for passport.

This is indeed a bit odd and contrary to established practice concerning valid visas in expired passports. My guess is that someone on the "Press and information team of the Delegation to INDIA and BHUTAN" added this condition in the press release because they assumed it to be the case, and that it doesn't in fact apply.

If all my travels are in previous passports and I get a new passport then am I losing my travel history? I have noticed that VFS offices don't accept previous passports as part of application. In such cases should I be highlighting my travel history separately.

Probably not. The requirement of having had two visas in the previous three years doesn't say in the same passport, and, as Mark Johnson notes, the visa information system (VIS) retains records of your previously issued visas, so every consular officer will know about those visas even if you have replaced your passport. It is surely a good idea, nonetheless, to mention these visas explicitly, to reduce the chance of the consular officer overlooking them.

As jcaron points out in a comment, the fact of previous visas being used is not recorded in the VIS but is one of the requirements under the rules, making it more likely to be important to mention your travel history in the application.

Thanks are also due to Relaxed, who notes article 24 of the visa code: "The validity of the multiple-entry visas shall not be restricted by the validity of the travel document." In the context of this explicit provision, it is certainly unlikely that the new rules include a contrary provision. It is of course possible, but I continue to suspect that the press release suffers from insufficient cooperation between communications experts and subject-matter experts.

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    One issue is that even though they know about the visas, the usual condition is that previous visas must have been used, and I believe that information is only available (for now) via the stamps in the passport.
    – jcaron
    Commented Nov 2 at 14:52
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    (+1) I definitely agree it's odd but the issue is not limited to the European Council decision. The way the Visa code itself deals with it is a whole mess, cf. the wording of article 12 or the reference to article 6(1)(a) of the Borders code in article 24. Ultimately the most important thing is that article 24(2aa) explicitly states that The validity of the multiple-entry visas shall not be restricted by the validity of the travel document. That should put all other considerations to rest.
    – Relaxed
    Commented Nov 2 at 15:03
  • @jcaron good point, thanks.
    – phoog
    Commented Nov 2 at 16:43
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    If you really want, you could probably include scans of the previous visas (and stamps) on a separate page. VFS would likely not be too opposed to that.
    – ave
    Commented Nov 2 at 17:21
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... then I cannot get visa for more duration?

A Schengen Visa will never be issued longer that the passport is valid. The next visa will then probably be issued until the passport expires.

... and I get a new passport then am I losing my travel history?

Your travel history will not be lost, since the visas are recorded in the Visa Information System (VIS).

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    "A Schengen Visa will never be issued longer that the passport is valid": this can't be true in light of the ECJ ruling mentioned in my answer to Can I use the valid Schengen visa in old passport?, unless the Schengen Visa Code was changed in the meanwhile. Has it been? I don't see anything there preventing a visa from being valid for longer than the passport; the code only says "its validity shall not exceed five years."
    – phoog
    Commented Nov 2 at 12:43
  • @phoog Then I suggest you read Article 12 (of the Visa Code) Travel document The applicant shall present a valid travel document satisfying the following criteria: (a) its validity shall extend at least three months after the intended date of departure from the territory of the Member States or, in the case of several visits, after the last intended date of departure from the territory of the Member States. However, in a justified case of emergency, this obligation may be waived;... Commented Nov 2 at 14:28
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    The VIS doesn't record the travel history.
    – Relaxed
    Commented Nov 2 at 14:28
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    @MarkJohnson The answer does state that, read it again: “Your travel history will not be lost, since the visas are recorded in the Visa Information System (VIS).” Maybe that's not what you meant to write but in English the word “since” implies that the fact that the VIS records the visa ensures the travel history is not lost. And beyond what you did or did not write, the OP's question stands: How are you to prove that you lawfully used a visa if you cannot submit your earlier passports with entry and exit stamps. The VIS doesn't record that.
    – Relaxed
    Commented Nov 2 at 14:53
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    Clever interpretation aside, article 24 does in fact address the issue directly and explicitly states that The validity of the multiple-entry visas shall not be restricted by the validity of the travel document.
    – Relaxed
    Commented Nov 2 at 15:06

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