Applying for a Schengen Visa even though there's still an existing unused visa

Question

I am a Philippines passport holder who is currently living in the United Arab Emirates (UAE).

A few weeks ago, I applied for a Schengen visa and was approved (from Hungary). I previously intended to travel this coming September (out of panic). The reason for choosing September is because according to the documents required (for legal UAE residents), the residence permit should be valid for at least 3 months from the day of departure from the Schengen area. Since my residence visa would expire on December, I decided and rushed to apply for a visa instead.

However, just recently, I found a "loophole" in the Schengen visa application (for another country -- specifically Germany; although there could be others too) which didn't emphasize this 3-month residence visa rule.

My question is, can I apply for another Schengen visa (say, for October or November since this is my preference and not September) before my "supposed" September trip? Or say, while my visa is still valid (not expired, but haven't been used yet)? - My visa is from August 30 to September 20. - If I apply this week, I could get the visa in around 2 weeks, say August 29.

Or, should I wait for my visa to expire (September 20) and just apply for another visa instead?

I have had 2 previous Schengen visas that I've used last year and in 2010. It's only now that I am considering to not use and instead apply for a new one (if it is okay/possible to do so).

Answer 1

You should not wait nor apply for a new visa while you have a valid one.

You are allowed to have only one valid Schengen visa at any given time even if they are from different EU countries. The proper solution for your case is simple, Cancel your current Schengen visa in the Hungarian embassy and apply for a new one. Cancellation is simple and they will stamp the visa with a special stamp (you do not have to worry, it is not stamp type that will cause any kind of trouble). Once cancelled you can apply for another Schengen visa with no problems.

Answer 2

I believe it would be best for you to get your visa cancelled (from the Hungarian Embassy) as you don't intend to use it for your "supposed" trip dates. Unused Visa may not be looked upon kindly (as mentioned by Ankur).

It is recommended you apply for the Schengen visa from the correct Schengen Country embassy to which you are actually going to travel with right travel dates and not just a Schengen country which you think has a loophole in your case. Also why not get your UAE residence permit renewed 3-4 months in advance of its expiry? I know in KSA, they allow it to be renewed in advance of 3-4 months validity starting from the date of current expiry.

However, don't think there should be a problem if you apply for another Schengen visa with travel dates after the expiry of your current valid Schengen visa. So you apply to German embassy for Schengen visa for travel dates say in November (as long as you can justify that).