1

I know that the Schengen visa's main destination is the place where I must spend most of my days in Schengen countries. But I am planning to stay 6 days in Spain (first destination), 5 in France, 4 in the Netherlands and 1 in Belgium.

In this case, there is no country where I will spend most of the days of my travel, so what will be my main destination?

Thanks.

5

6 is bigger than 5, 4 and 1, so it is Spain, which also happens to be your port of entry. You thus have two reasons to apply with Spain.

  • I thought the main destination is calculated like this: 6 days in spain of overall 16 days so its not the main destination. – Zakk Jul 18 '18 at 7:02
  • You thought wrong... 😀 – user67108 Jul 18 '18 at 7:04
  • 2
    @Zakk Calculated your way you'd have no main destination. – Neusser Jul 18 '18 at 7:08
  • I've downvoted this answer because duration of stay is not the only criterion for determining main destination. The Schengen Visa Code specifies "in terms of the length or purpose of stay" (emphasis added). – phoog Jul 18 '18 at 15:44
5

The main destination rule:

  • If you need visit one of the states for a specific, demonstrable reason, that is the main destination. Example: If you have a job interview in France and decide to add the weekend after in Italy on tourism, France would be the main destination.
  • If you have no reason to single out one destination, the one where you spend the most days is the main destination. Example: Three days in France, six days in Italy, four days in Austria means Italy would be the main destination.
  • If you spend the same number of days in different states, the first entry is responsible for the visa application. Example: Five days in Germany, five days in Poland, and Germany would evaluate the visa.
2

Your question's premise is incorrect. You write

the Schengen visa's main destination is the place where I must spend most of my days in Schengen countries

In fact, the main destination country, if one can be determined, is the country that must evaluate your visa application.

In Article 5, the Schengen Visa Code says:

Article 5

Member State competent for examining and deciding on an application

  1. The Member State competent for examining and deciding on an application for a uniform visa shall be:

    (a) the Member State whose territory constitutes the sole destination of the visit(s);

    (b) if the visit includes more than one destination, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length or purpose of stay; or

    (c) if no main destination can be determined, the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States.

Thus, as noted in o.m.'s answer, the main destination may be determined in terms of either the length or the purpose of your visit to each country. As noted in dda's answer, when considering length, the threshold is not a majority of the days but rather a plurality, although as you can see even that threshold is not explicit in the code.

So if your trip to the Schengen area is for the purpose of attending a conference in France, you could argue that France is your main destination even if you will spend more time in Spain.

If your purpose in each country is the same, then your main destination in terms of the length of stay is Spain.

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