Can I use the valid Schengen visa in old passport?

Question

I'm an Indian National. I have a Type C Schengen Business Visa which is valid from 26-11-2015 to 26-11-2020. I received it when I intended to travel to Netherlands, although I have not used it.

When I applied for a spouse endorsement, the passport on which the visa is stamped was cancelled and a new passport was issued.

Now, I plan to travel to Italy on business from July 8th to 16th.

Can travel with the same visa in old passport, or should I cancel the existing visa and apply for a new one?

I contacted the Netherlands Embassy call center (not VFS Netherlands) which responded that I can use it without any issues. However, they have not confirmed it by email.

I asked about any immigration issues in Italy and was told me that, if I have a valid itinerary and invitation letter from the office, there should be no problem. I was also told that Italian immigration authorities are able to contact the Dutch, if necessary.

I emailed the Italian Embassy in Mumbai ([email protected]) and await its response.

Answer 1

Yes. You can use your valid visa in your cancelled passport, together with your valid passport, to travel to the Schengen zone.

The Schengen Borders Code requires certain travelers to hold a valid visa, and to hold a valid passport (or other travel document), but it does not require that the valid visa be contained in the valid travel document. This was confirmed in 2014 by the European Court of Justice in case C-575/12:

On those grounds, the Court (Fourth Chamber) hereby rules:

1. On a proper construction of Articles 24(1) and 34 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), the cancellation of a travel document by an authority of a third country does not mean that the uniform visa affixed to that document is automatically invalidated.

2. On a proper construction of Article 5(1) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as amended by Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010, read in conjunction with Article 13(1) of Regulation No 562/2006, the entry of third-country nationals into the territory of Member States is not subject to the condition that, at the border check, the valid visa presented must necessarily be affixed to a valid travel document.

3. Article 5(1) of Regulation No 562/2006, as amended by Regulation No 265/2010, read in conjunction with Article 13(1) of Regulation No 562/2006, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which makes the entry of third-country nationals to the territory of the Member State concerned subject to the condition that, at the border check, the valid visa presented must necessarily be affixed to a valid travel document.

(Emphasis added)

The third point basically says that Schengen countries cannot impose an additional requirement that the visa be in a valid travel document.