Introduction: A Little-Known Right
One of the biggest problems we face as Turkish citizens during the Schengen visa application process is constantly having to obtain short-term visas and dealing with the same paperwork burden every single time. But what if we told you that, provided you meet certain conditions, you have the right to obtain a 1-, 2-, or even 5-year Schengen visa? And did you know that if you do not use this right, you can appeal?
What Is the Cascade Rule?
With the updated Schengen Visa Code, adopted by the 26 member countries of the European Commission and which came into force in February 2020, the system known as the “cascade rule” was put into practice. This rule stipulates that visa applicants should automatically receive longer-term visas based on their past visa history.
IMPORTANT: This rule is mandatory, and consulates are obliged to comply with it!
The Details of the Cascade Rule
Stage 1
1-Year Visa
3 Schengen visas within the last 2 years + lawful use
Stage 2
2-Year Visa
A 1-year multi-entry visa within the last 2 years + lawful use
Stage 3
5-Year Visa
A 2-year multi-entry visa within the last 3 years + lawful use
What Does “Lawful Use” Mean?
In order to benefit from the cascade rule, you must have used your visa “lawfully.” This covers the following:
Basic Rules:
- Compliance with the 90/180 Rule: Not staying in the Schengen area for more than 90 days within a 180-day period
- Compliance with the Visa Period: Leaving the area within the visa period granted to you
- Acting in Accordance with the Visa's Purpose: Such as not working on a tourist visa, or not working on a student visa
- Not Committing Crimes: Not being involved in any crime in the Schengen area
- Correct Entry and Exit: Entering through the designated country and exiting within the designated period
Clean Visa History Criteria:
- Not having previously overstayed your visa
- Not having worked illegally in the Schengen area
- Having a clean criminal record in your country
- Not having previously committed a visa violation
Your Right to Appeal and How to Use It
If you believe that under the cascade rule you are entitled to a longer-term visa but you have received a short-term visa, you have the right to appeal.
Appeal Methods:
1. Appeal by Email (Recommended):
- This is the most practical and fastest method
- You can write to the official email address of the consulate where you applied
- You should explain your situation by referring to the cascade rule
- You should attach your past visa documents
2. Appeal by Written Petition:
- It can be delivered to the consulate in person
- It should be prepared in an official petition format
- All supporting documents should be attached
3. What Should Be Included in the Appeal Letter:
- Your personal information and passport number
- A reference to the cascade rule
- The details of your past visa history
- An explanation that you traveled in accordance with the rules
- A reference to the relevant EU regulation
Example of a Successful Appeal:
In a real case, an applicant who had a history compliant with the cascade rule nevertheless received a short-term visa and appealed to the consulate by email. The consulate reviewed the cascade method, announced that the visa would be re-evaluated, asked the applicant to bring in their passport, and issued a 2-year Schengen visa.
Which Countries Are More Generous?
According to research conducted, the most generous countries when it comes to long-term and multi-entry visas are as follows:
- Germany – The country that issues multi-entry visas the earliest and for the longest terms
- France – Ranks second
- Spain – Ranks third
- Italy – Ranks fourth
- The Netherlands – Ranks fifth
Applying for a visa through these countries may make it easier for you to benefit from the cascade rule.
A Digital System Is Coming
In the near future, Schengen visa applications will move to a digital system. The advantages this system will bring:
Benefits of the Digital System:
- Reduced Paperwork Burden: The need for paper documents will be minimized
- Electronic Application: All documents will be able to be uploaded electronically
- Time Savings: You will not have to deal with procedures such as notarized copies or originals and duplicates
- Environmentally Friendly: Paper waste will be prevented
- A Faster Process: Application processes will be accelerated
Practical Recommendations
Things to Do Before Applying for a Visa:
- Review Your Past Visas: Analyze your visa history over the last 2-3 years in detail
- Check the Cascade Rule: Determine which stage you are at
- Choose a Suitable Country: Opt for one of the generous countries listed above
- Prepare Your Documents: Organize your past visa documents
Things to Do After Applying:
- Check the Result: Compare the visa period you received with the cascade rule
- Appeal If Necessary: If you believe you received less than you were entitled to, appeal immediately
- Communicate in Writing: Prefer email or a written petition instead of the phone
- Be Patient: Appeal processes can take time
WARNING!
Do not call by phone! Verbal responses have no value in correspondence involving legal texts. Be sure to proceed in writing.
Legal Basis
The cascade rule is clearly stated in the updated Schengen Visa Code, which came into force on February 2, 2020. The relevant article reads as follows:
“Multiple-entry visas shall be issued for the following periods of validity, provided that the period of validity does not exceed that of the applicant's travel document:
(a) for a period of validity of one year, provided that the applicant has obtained and lawfully used three visas within the previous two years;
(b) for a period of validity of two years, provided that the applicant has obtained and lawfully used a previous multiple-entry visa valid for one year within the previous two years;
(c) for a period of validity of five years, provided that the applicant has obtained and lawfully used a previous multiple-entry visa valid for two years within the previous three years.”
Conclusion
The cascade rule provides great convenience for Turkish citizens who travel to Europe regularly. While being unaware of this rule means constantly dealing with short-term visas, knowing this right and using it when necessary will make your visa processes considerably easier.
Remember that this is your right, and consulates are obliged to comply with these rules. If you believe you have not been granted your right, do not hesitate to appeal. Many people suffer because they are unaware of this right.
Share this information with those around you and announce it on your social media accounts so that more people become aware of their rights. Such little-known rights in visa processes will significantly reduce your travel costs and your time.