LT Ad-Hoc Query on verification of invitation letters in visa issuing process. Requested by LT NCP on 13 th January 2015

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1 LT Ad-Hoc Query on verification of invitation letters in visa issuing process Requested by LT NCP on 13 th January 2015 Compilation produced on 2 nd April 2015 Responses requested from Austria, Belgium, Czech Republic, Estonia, Finland, Germany, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom and Norway (21 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does not necessarily 1. Background Information Lithuanian Police Department which coordinates the work of migration services is currently analyzing if verification of invitation letters to foreigners is not an excess procedure in the visa issuing process. With this EMN Ad Hoc Query the Police Department hopes to get a better understanding of the practice in other European countries: if they use such documents as letters of invitation to justify the arrival of foreigners to the Schengen area; if the invitations are verified by any state institution; what the control mechanism is etc. We would like to ask the following questions: 1 of 26

2 1. Is a foreigner applying for the issuance of a Schengen visa obliged to submit a document, namely, a form for proof of sponsorship and/or private accommodation, and a document, namely, an invitation? If he/she is not obliged in all cases, in what cases is such a document required? Do these documents need to be verified by any authority authorised by the state (police, border guard, migration service, municipality, etc.)? 2. What commitments are to be indicated by the inviting person in a form for proof of sponsorship or a letter of invitation (e.g., to provide the invited foreigner with accommodation, maintenance, to cover the costs of expulsion, etc.)? What documents are required to support/confirm the ability to fulfil these commitments? 3. What procedures must be carried out by the authority authorised to verify a form for proof of sponsorship and a letter of invitation before verifying these documents?if a foreigner who claims to be a minor refuses to do the age assessment test, does this have any consequences? 4. Does an authority authorised by the Member State check the information provided in natural and legal persons forms for proof of sponsorship or letters of invitation concerning: - the address of the foreigner s accommodation (whether the foreigner has actually been accommodated at the specified address), - the financial condition of the inviting person (e.g., whether he/she will be able, if necessary, to fulfil his/her commitment to cover the expenses of the foreigner s expulsion from the country), - whether the foreigner s purpose of entry conforms to the purpose of entry indicated in the letter of invitation, - whether the invited foreigner enters the territory of the Member State and whether he/she leaves it before the expiry of the validity of his/her visa, - other information (please specify)? If such information is checked, what methods are employed (e.g., documentary proof is requested, other checks are carried out (please provide examples)? 5. Does a diplomatic mission or a consular post request a foreigner lodging an application for the issuance of a visa to submit additional documents on the purpose of his/her entry if he/she presents a form for proof of sponsorship or a letter of invitation? Does the diplomatic mission or the consular post additionally/repeatedly check the information indicated in the form for proof of sponsorship or the letter of invitation? 6. What measures are undertaken in order to prevent abuse of invitation procedures or fraudulent letters of invitation? We would very much appreciate your responses by 13 th February of 26

3 2. Responses Wider Dissemination? Austria Yes The Visa Code (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) is directly applicable to visa procedures regarding Schengen visa and therefore regulates the procedures and conditions for the issuing of Visas A and C. Hence, to be able to examine if all basic conditions for issuing visas are met, visa applicants have to present all supporting documents according to the provisions of the Visa Code. A visa may be issued to a third-country national who is subject to visa requirements and who is unable to prove sufficient means of subsistence to cover his stay in Austria, if the coverage of all costs seems to be secured on the basis of a proof of sponsorship by a person, a company or an association having his/her main residence respectively a registered office within the Austrian territory. The proof of sponsorship can only compensate for the ground for refusal of insufficient financial means, however it can never compensate for other grounds for refusal. Inviting (private) persons and entitled or authorized representatives of inviting companies and associations address the competent police administration of the federal province with regard to the location of their main residence or office. They can make there a proof of sponsorship, called electronic letter of guarantee (EVE), which is free of charge. This electronic letter of guarantee was introduced in Austria in 2007 in order to achieve an increased verification security with regard to falsified documents through an examination as comprehensive as possible of proofs of sponsorships by the domestic authority, as well as to ensure an uniform assessment of validity/capacity conducted by Austrian representations abroad. The electronic letter of guarantee consists of the actual declaration itself in hardcopy form which has to be signed by the inviting person and of a web form which has to be filled in by the domestic authority. The information given about the inviting person s solvency has to be proven before the domestic authority, which verifies at the entry of the EVE the submitted supporting documents and proof for sufficiency and genuineness. Furthermore, the authority examines the information given by the inviting person and fills the respective data fields in the web form, including concerns regarding aliens law and other circumstances relevant to the visa procedure (for example persons inviting third country nationals frequently, any suspicion of human smuggling or fraudulent invitations). Inviting (private) persons have to submit the following documents: Identity card, residence registration form, adequate proof of income (for instance wage slip, salary statement, income tax assessment, income tax declaration, actual statement of loss and gain); tenancy agreement or equivalent; if relevant proof of any existing duty of care, loans, possible self-disclosure of the association for the protection of creditors or similar as well as documents regarding the relation between the inviting person and the visa applicant. For business invitations, the following documents have to be submitted: Identity card of the representative, extract from the register of companies/trade license, proof of the company s solvency (submission of for example the annual statement of accounts, a statement of revenues and expenditures, extract of the association for the protection of creditors), if not apparent from other documents possibly a proof of authorization (the power of attorney shall be issued on company letter head and has to include a company stamp and signature(s) by the bodies authorized to represent the company). For invitations by an association, the following documents have to be presented: 3 of 26

4 Identity card of the representative, extract from the register of associations, statute, proof of the activities and the solvency of the association (submission of for example a balance of accounts, certification from a tax adviser), possibly a power of attorney (it has to include signature(s) of the bodies authorized to represent the association). In case the solvency cannot be clearly proven or determined, a statement by the association for the protection of creditors can be demanded in addition. After the web form has been completed and saved, it can be accessed from the respective Austrian representations abroad. Competent authorities leading the proceedings in visa procedures are the representations abroad, which also have to assess the capacity/validity of a proof of sponsorship in the context of a visa procedure. By submitting of a proof of sponsorship, the inviting person/company/association enters into contract with the Republic of Austria in favour of the visa applicant. A unilateral annulment of this contract withdrawal of the proof of sponsorship is not possible. With the submission of a proof of sponsorship, the inviting person/ company/ association declares to agree to defray the costs for the applicant s subsistence and accommodation and to pay the Republic auf Austria, the provinces, municipalities and other public legal entities, all costs that might arise in connection with the invited person s entry, stay within the Schengen area even if this stay for whatever reasons goes beyond the period of the invitation and departure as well as possible measures by the Aliens Police. Source: Federal Ministry of the Interior Belgium Yes 1. The proof of sponsorship and/or private accommodation and the invitation letter are two separate and distinct documents. The invitation letter is intended to describe the purpose of the journey while the proof of sponsorship is a way to ensure the financial coverage of the journey. During the visa application process, the applicant must submit documents indicating the purpose of the journey (for example: the invitation letter from a company or authority to participle in interviews or conferences, access cards to commercial or industrial exhibitions etc.) or other documents demonstrating existing commercial, professional, friendly or family relationships. Such documents are verified at diplomatic posts, except for persons considered as bona fide. If necessary, a review is carried out by the Immigration Office (which is the only one competent to possibly refuse a visa). Invitations or other supporting documents are verified (in case of suspicion of falsification for example) on the spot (by telephone, investigation in the field ). During the visa application process, the applicant must also prove that he/she has sufficient personal means of subsistence (95 euros/day if staying in a hotel 45 euros/day if staying in a private accommodation) or resort to a sponsor and submit a proof of sponsorship (annex 3bis). Through this proof of sponsorship, the sponsor is, during a period of two years, liable, together with the foreigner, for paying his/her costs for healthcare, stay and repatriation costs, from the day the foreigner legally entered the territory of the Member States of the Schengen area. The proof of sponsorship however only serves as a proof if legalized, declared admissible and accepted. To this end, the sponsor must go to the municipal administration (population/aliens registers where he/she is registered), complete a form and legalize his/her signature. If the foreigner is exempted from visa obligation, the proof of sponsorship and supporting documents are sent, verified and possibly accepted by the Immigration Office. If the foreigner isn t exempted from visa obligation, the proof of sponsorship and other supporting documents must be sent and presented to the consulate abroad. If the proof of sponsorship can t be accepted by the consulate, the Immigration Office is consulted and requested to take the final decision. 4 of 26

5 2. Through the proof of sponsorship, the sponsor commits towards the foreigner, towards the Belgian State and towards the competent Public Centre for Social Welfare (CPAS) to pay costs of healthcare, of stay and of repatriation. Furthermore the sponsor is, together with the foreigner, severally liable for paying such costs during a period of two years, from the day the foreigner legally entered the territory of the Member States of the Schengen area. This means that the liability of the sponsor remains engaged if the sponsored foreigner stays in Belgium beyond the period of stay authorized (max. 90 days, unless the visa mentions otherwise). This commitment means that, if costs of stay, healthcare or repatriation had to be covered by the State or the CPAS, the latter can claim reimbursement both to the foreigner and to the sponsor. To support/confirm the ability to fulfil these commitments, the sponsor must submit the following documents: The sponsor s proof of Belgian nationality or proof that he/she is authorized or permitted to stay in Belgium for an unlimited duration or authorized to settle there. The sponsor s last three salary slips (or pay slips attesting the salary received during the last 3 months if showing working periods of less than a month) or a document prepared by a public authority, certifying his/her net or gross income, monthly or yearly, or failing to be able to produce these documents, a document indicating the amount of his/her resources (pension records, proof of receipt of unemployment benefits, account statements of the last 3 months, warning- extract role established for the year preceding the entry into the territory / the date of the visa application etc.). Any document relevant to the assessment of the amount of available resources (family composition, income of the spouse if married under community property provided that proof of this regime is made, proof of relationship with foreigner sponsored etc.) 3. Before verifying a proof of sponsorship, authorities are involved in the following stages of the procedure: 1. Commitment: the sponsor goes to the municipal administration in the population or aliens register where he/she is registered and complete the proof of sponsorship form. The municipal administration checks whether the sponsor effectively resides in the municipality. 2. Legalization: If the conditions for the authentication of the signature are met, the municipal administration legalizes the sponsor signature and indicates the date. 3. Verification/Decision: - When the proof of sponsorship concerns a foreigner who is exempted from visa obligation, the municipal administration sends the proof of sponsorship form and other supporting documents to the Immigration Office which verifies the available resources and takes a decision. The Immigration Office then sends the proof of sponsorship back to the municipal administration, which invites the sponsor to collect it at a certain date. - When the proof of sponsorship concerns a foreigner who is subject to visa obligation and whose application is submitted in a Belgian consulate abroad, the sponsor has to send the dated and legalized form and supporting documents to the foreigner abroad, who will have to submit them to the consulate (within 6 months from the date of the signature of the sponsor). If the consulate is of the opinion that the form of sponsorship can t be accepted, then the Immigration Office is consulted to take a final decision. - When the proof of sponsorship concerns a foreigner who is subject to visa obligation and whose application is submitted in the consulate of another Member State acting in the country on behalf of Belgium, the municipality sends the form and supporting documents to the Immigration Office which verifies the financial capacity of the sponsor to assume the commitment. If it is accepted, the document has to be presented in the consulate within 6 months following the date specified by the municipal administration for the sponsor to collect it. 5 of 26

6 From the above, several elements are verified before the authorities check the proof of sponsorship, including the sponsor s commitment and his/her effective residence in the municipality. It is worth noting too that in any case, the Schengen Information System is always used/controlled. 4. As regards invitation letters and other supporting documents regarding the purpose of the journey, the extent of checks may vary: checks are extensive in case applicants submit their first visa application or in case applicants haven t respected the conditions of entry/stay in the past. As regards the methods used, they are diverse. Diplomatic missions / consular posts, which perform checks abroad, can use the telephone (to call a university where the foreigner declares to study for example), investigators in the field (to check the presence of a company at a specific address for example). The Immigration Office, which may review and make additional checks in Belgium, can use the telephone (to call the inviting person, a family member, etc.), resort to authentication devices in cooperation with the Police (to check the authenticity of documents). As regards proofs of sponsorship, it is worth noting that checks are thoroughly made every time, irrespective of whether the visa applicant is already known from previous applications/stays or not. For further information on methods used to check financial resources, please see answer to question 2 (documentary proof to be provided by the sponsor). 5. Checks undertaken by diplomatic missions / consular posts are extensive when applicants submit their first visa application or in case applicants haven t respected the conditions of entry/stay in the past. Furthermore, diplomatic missions / consular posts have the possibility to resort to the Immigration Office for additional checks. While diplomatic missions / consular posts are rather involved in checks abroad, the Immigration Office greatly focuses on checks in Belgium (calling inviting persons for example). 6. The measures and checks described above are used to prevent abuse of invitation procedures or fraudulent letters of invitation: Telephone calls to those issuing invitation letters Investigations in the field Documentary proof/checks In addition to this, Schengen information exchange mechanisms (local/central meetings) are also useful to collect and share information on possible profiles, trends, suspicious agencies involved in such phenomena. Sources : Immigration Office Short stay unit Flyer for sponsors (FR : Website of the Immigration Office: Czech Republic No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes 1. According to principles described in Visa Code, documents, which foreigner has to present when applying for Schengen visa, are fixed in common list of supporting documents, agreed by Local Schengen Cooperation and confirmed by relevant bodies in the EU. If in such list 6 of 26

7 in concrete country such document is required, a foreigner applying for Schengen visa must present it. There is no formal rule how invitations or other documents from inviting person must be composed or verified, but Estonian representation can, according to risk analysis and overall situation in concrete country, require that that documents from inviting person must be presented in writing in original or must be digitally signed. 2. There is no formal rule how such documents must be composed, if inviting person is covering the costs of a trip or providing foreigner with accommodation, this must be stated in invitation or sponsor s letter. 3. No verification is required. If information in such document needs additional checks, consul, who is examining the application, together with Estonian competent authorities, carries them out. If a foreigner claims to be a minor, the fact is checked on base of travel documents issued to him or her by third country. 4. If information in such document needs additional checks, consul, who is examining the application, together with Estonian competent authorities, carries them out. Estonian consuls have wide access to several databases the Republic of Estonia holds and lot of checks are carried out by consuls using these databases. If needed, consul can ask to run additional checks in Estonia, then these checks are carried out by Estonian authorities dealing with migration, border control and internal security. Those authorities can also run checks on their own initiative during prior consultation of applications, all visa applications are sent to these Estonian authorities for consultation before making decision by consul. When running additional checks, consul or authorities in Estonia, can use very different methods from database check to asking for additional documents. In addition, interviews are conducted and on-site checks are carried out. 5. Documents, which foreigner, applying for Schengen visa in Estonian representation, must submit, are fixed in common list of supporting documents of concrete country. Please see answer to question number 4 about checks. Range of measures, used by Estonian consuls and competent authorities dealing with migration, border control and internal security during examining visa applications, is very wide and all of them are also used to prevent use of fraudulent letters of invitations. Which measures are undertaken depends much on country, where application is presented. Measures undertaken in concrete country depend on risk analysis of situation in this country and also on analysis of competent authorities in Estonia about inviting persons and their previous invitations. Finland Yes 1. Only an invitation letter (document 2) can be required and it should be signed by the inviter. A notary public can notarise the authenticity of the signature, but it is not compulsory. Form for proof of sponsorship (Handbook art.15) is not in use in Finland. 2. The invitation may be a free-form letter indicating the host organisation s or private host s contact details and providing such information about the invited person as name, date of birth, address, passport number, and purpose and length of visit. No commitments are required, but the inviter can mention in the invitation letter, if s/he will bear the costs of the trip (accommodation, meals etc) 3. The invitation letter is not verified by any authority. 7 of 26

8 Usually not, but that is possible if there are doubts about the purpose of the trip. - Yes, this is the practise especially in countries where there is high risk for illegal immigration. In addition to this, diplomatic missions consider whether they can be sure that the applicant intends to leave the Schengen territory before the expiry of the visa applied for. 6. Visa officer can call to the inviter or consult the visa team in MFA (Ministry for Foreign Affairs) to make sure that the invitation is genuine. Germany Yes 1. During the course of the visa application procedure, the applicant is obliged to produce evidence that he/she has sufficient funds available to cover the costs of his/her travel and stay. Furthermore he/she is obliged to always produce evidence regarding his/her planned abode (e.g. in the form of a letter of invitation or a formal obligation to cover the costs resulting from the travel and stay of the invited person(s)), however, a formal letter of invitation is not obligatory. Should the aim of the journey not be purely based on tourist reasons but on business reasons, the requirement to produce hotel reservations or flight bookings can normally be waived (seeing that travel plans can change and due to changes in the booking as a result of such changes in the travel plans costs would arise for the traveller). If the inviting party has committed himself/herself to cover the costs during the journey in accordance with 66 to 68 German Residence Act (AufentG), the inviting party is obliged to state the same in writing on an official form of the German Foreigner s Authority. Any other evidence does not require the mandatory confirmation of an authority. 2. With a formal obligation to cover the costs resulting from the travel and stay of the invited person(s) in accordance with 66 to 68, German Residence Act (AufenthG), the inviting party shall be committed to cover any and all costs associated with the costs of the subsistence of the person applying for a visa, including costs for abode and medical care in case of illness and costs for nursing care needs, as well as costs arising from the termination of the stay; any such official costs arising from the above must also be covered by the inviting party. The German Foreigner s Authority is entitled to request the inviting party to produce evidence pertinent to his/her financial standing (proof of salary, bank statements). 3. The formal obligation to cover the costs in accordance with 66 to 68 German Residence Act (AufenthG) must be formally stated by the inviting party on a corresponding formal document before the German Foreigner s Authority. Any other informal letters of invitation will be investigated in the most simple way possible by the competent agency abroad in cases of doubt, e.g. by calling the inviting party on the telephone to ask relevant questions. As the person applying for a visa is obliged to cooperate ( 82 German Residence Act (AufenthG), the refusal to cooperate in the determination of age can lead to the application of visa being refused. 4. Only in cases of exception (e.g. subsequent criteria arising that would mean a risk to the safety of the person concerned) the authorities will check if the holder of the visa has actually taken up residence at the address indicated during the visa proceedings. 8 of 26

9 - The German Foreigner s Authority is entitled to request the inviting party to produce evidence pertinent to his/her financial standing (proof of salary, bank statements) (please see reply to question number 2). - Only in case of clear grounds for suspicion (e.g. taking up paid employment), the authorities will investigate if the reason for the stay complies with the conditions of a Schengen visa. Within the framework of the normal border police controls at the moment of entry of and exit from the country it will be investigated if the visa is being used for the entry of and the exit from the country in accordance with the rules. - In justifiable individual instances further information given may be investigated, e.g. regarding the person or the organisation proclaiming to be the inviting party. 5. In individual instances the agency abroad takes the decision to what extent documents and evidence must be requested in order for the decision basis required by the visa code (EC regulation number 810/2009) to be fulfilled. 6. A visa warning database is being kept in order to avoid the abuse of visa. Such a visa warning database is intended to assist agencies abroad to avoid incorrect decisions in connection with deception or attempts of deception and to assist the agencies abroad during the investigation process of the formal obligation regarding cost covering. For this purpose the data of visa applicants and inviting parties is being stored. Indications regarding the presentation of falsified or tampered documents during the visa proceedings are also stored in the visa database in which data regarding the applications for visa have been recorded. Should incorrect or incomplete indications be made, e.g. in the formal obligation regarding cost covering leading to the issuance of the visa which is then used for entering the country, such an act can be deemed to be a criminal offence punishable with a prison sentence of up to three years or with a fine ( 95, section 2, number 2 German Residence Act (AufenthG)). Greece Yes Greece does not use, for the time being, an official form for proof of sponsorship and/or private accomodation, as well as an invitation letter to be submitted by the visa applicants. That is the reason why no such a form has been included in Annex 15 of the Visa Code Handbook Hungary Yes In Hungary, such invitation letters are issued by the authority, therefore, their verification is not necessary. An application for a letter of invitation can be submitted by (1) a Hungarian citizen; (2) an immigrant, settled third country citizen, or who has been recognised by Hungary as a refugee or a beneficiary of subsidiary protection, having a residence visa or a residence permit; (3) a person having the right of free movement and stay; and (4) a Hungarian or a foreign legal person or organisation with no legal personality, having a seat in Hungary. The application for the provision of the letter of invitation with the approval of the authority can be submitted personally, or in the case of a legal person, through its representative, at the regional directorate branch office competent on the basis of the inviter's (the person who undertakes the obligation to provide to the invitee during his/her stay in the territory of Hungary accommodation and support, and unless otherwise provided by the international agreement to cover the costs of his/her health care and outward journey.) domicile, place of stay, or place of accommodation, or if the inviter is a legal person, on the basis of the place of its seat. In an exceptional case, if it is justified by the inviter's health condition, an exemption from personal submission can be requested from the competent regional immigration authority. The administrative service fee of the proceedings is HUF 4,000, which shall be paid with revenue stamp by the applicant. The decision on 9 of 26

10 invitation letter will be made by the regional directorate within 15 days, or if Hungary has a significant economic, cultural, scientific, or sports interest in the entry of the invited third country citizen, within 8 days. In case of refusal the applicant can lodge an objection, which can be submitted at the authority that made the first instance decision within 15 days after the communication of the decision. The administrative service fee for appeal is HUF 5,500, which shall be paid with revenue stamp by the applicant. The provision of accommodation can be supported in particular with: a document certifying the ownership of the flat used for dwelling (e.g. a less than 30-day old copy of the title deed); a flat rental contract, or a proof of dwelling; a reservation at an accommodation establishment; in any other credible way. The financial means to cover the costs of invitation can be supported in particular with the following documents: in the case of a natural person inviter: - a salary certificate issued by the employer; - an account balance statement, or an account statement; - a certificate of income issued by the tax authority; in the case of a legal person inviter: - a certificate issued by the tax authority; - an account balance statement, or an account statement. During the procedure the immigration authority may request the submission of further documents in order to clarify the facts! The period of time that passes from the notice to submit additional documents until the request is fulfilled is not be taken into account in the administrative deadline. The acting authority determines the validity of the invitation letter in days, taking into account the purpose and all circumstances of the invitation. An invitation letter can be valid for a maximum of 365 days. Each copy of the invitation letter must be signed by the inviter. The authority issues the invitation letter to the inviter who must arrange for its sending to the invited foreigner. The invitation letter in itself does not entitle to entry into the territory on Hungary. The costs of enforcing expulsion must be borne by the expelled person, or if the financial means are unavailable to the expelled person, by the inviter. Latvia Yes 1. Invitation is optional document for proving the purpose of entry. Document could be verified by the Migration office or it can be approved by the notary if inviter chooses such option. 2. Inviter can guarantee an accommodation and financial means (it is an optional possibility). Mandatory guarantee regards the responsibility for the exit of third-country citizen from the country, covering of health care/living expenses or expulsion costs in case of necessity. If an inviter takes up a financial/accommodation guarantee, s/he should prove it by submitting documents (document proving financial means, lease agreement etc. If the real property belongs to inviter, the document is not necessary; the information will be checked in Land Register. Documents, certifying the financial responsibility are not required in case if the invited third-country citizen is close family member of the inviter). 10 of 26

11 3. Migration office verifies the previous invitations of inviter (if any), tax debts, credibility of the legal person, submitted contracts, travel history of the third-country national etc. Latvia does not apply age assessment test as there have not been any cases where such test could have been necessary. 4. Additional checks are carried out only in case of doubt on the purpose of entry of third-country citizen or if there is ground to assume that not all information provided by the inviter and the third-country citizen is reliable. Selective checks in the place of residence are carried out by State Border Guard, this organization is controlling the exit from the country as well, using on-line entry-exit information system. 5. Diplomatic/consular representation interviews the third-country citizen and it carries out the repeated checks only in case if there is a doubt on the purpose of entry of third-country citizen or doubt on any other information provided in the invitation. 6. If the legal person (inviter) has provided fraudulent information regarding the tax debts or the inviter (legal person) has violated rules regarding the employment of invited foreigner, the Office of Citizenship and Migration Affairs has right to take a decision to forbid the legal person to invite foreigners. This restriction can be for a period up to one year. Lithuania Yes 1. A foreigner wishing to obtain a Schengen short-stay visa (type C visa) may submit a letter of invitation to enter the Republic of Lithuania issued in the established form by a natural or legal person of the Republic of Lithuania. The letter of invitation must be verified by a migration service. The letter of invitation is not required if the foreigner is able to submit documents in support of the purpose of entry, the information enabling an assessment of the applicant s intention to leave the territory of the Member States before the expiry of the visa applied for, documents in relation to accommodation, or proof of sufficient means to cover accommodation,and documents indicating that the applicant possesses sufficient means of subsistence (EUR 40 per day) both for the duration of the intended stay and for the return to his/her country of origin or residence. When a visa is issued to a foreigner on the basis of a letter of invitation, the amount of funds necessary for the foreigner s stay in the Republic of Lithuania is EUR 20 per day. It has been observed that foreigners often use letters of invitation as documents supporting the purpose of their entry and a proof of their suitable accommodation. 2. A verified letter of invitation confirms the following commitments of a natural or legal person: - to ensure that a foreigner entering the Republic of Lithuania is provided with a suitable accommodation (residential premises where each adult person who declares there his/her place of residence, including the invited foreigner/foreigners, is provided with not less than 14 square meters of useful floor space, or a hotel, motel or another accommodation offered by the provider of services) during the period of his/her stay in the Republic of Lithuania in possession of a Schengen visa the natural or legal person must provide the consent of the owner of the residential premises to provide the foreigner with accommodation certified by a notary public or in an equivalent manner or a proof of the booking of the hotel/motel; - to cover, where necessary, the expenses of the foreigner s return, expulsion or forced return to the country of origin or to a foreign country into which he/she is certain to be admitted. It is not required to provide additional documentary proof of the ability to fulfil these commitments. 11 of 26

12 3. An authorised officer of a migration service must: - check whether the inviting natural person has declared his/her place of residence in the Republic of Lithuania or whether the legal person is registered in the Register of Legal Entities; - check whether the invited person is included in the list of foreigners who are banned from entering the Republic of Lithuania or the Schengen Area; - conduct a check if there is a doubt that the data provided in an application for verification of a letter of invitation are implausible, also has the right to request additional documents to support the data provided in the natural or legal person s application for verification of the letter of invitation (e.g., the purpose of the foreigner s entry or the ties between the inviting natural or legal person and the invited foreigner); - check whether the person applying for verification of the letter of invitation acts as a mediator for other persons seeking the foreigner s temporary entry into the Republic of Lithuania. 4. Additional and more detailed checks are carried out only in the cases when there are reasonable doubts that an invited foreigner may pose a risk of irregular migration or that a fraudulent letter of invitation is presented. In the course of such checks, the financial condition and activities of the inviting person (company) may be checked, the information about foreigners invited previously by the person may be collected, it may also be checked whether the foreigners in question entered and left the Schengen territory before the expiry of their visa, etc. 5. A diplomatic mission or a consular post assumes full responsibility in assessing the risk of immigration and deciding on the issuance of a visa. Examination of applications for the issuance of a visa has the purpose of identifying those applicants who, on grounds of tourism, business, study, employment or family visit, seek to immigrate into the Member States and to settle down there. Diplomatic missions and consular posts decide independently whether additional checks are required as regards the reliability and veracity of the information provided by a foreigner applying for the visa. The main focus is ona personal interview with the applicant with a view to determining the purpose of his/her journey, on the establishment of the applicant s identity and on checking for an alert entered in the Schengen Information System (SIS) for the applicant for the purpose of refusing entry, on checking whether the applicant poses any other threat (e.g., threat to security) which would constitute a ground for refusing the visa and on checking whether, from the immigration perspective, the applicant poses a risk due to his/her previous stay being in excess of the permitted duration. The diplomatic mission or the consular post carries out checks in cooperation with national authorities, where such checks are necessary for the purposes of collection and checking of information and adoption of a decision. 6. The checks mentioned in the reply to Question 4, administrative liability(fine)against the inviting person for providing false data for the purpose of verification of letters of invitation for foreigners to enter the Republic of Lithuania or for aiding a foreigner in obtaining, by other unlawful means, a document confirming the right to stay or reside in Lithuania. Luxembourg Yes 1. A foreigner wishing to obtain a Schengen short-stay visa (type C visa) may submit a letter of invitation/authenticated formal obligation issued by a person residing legally in the Grand Duchy of Luxembourg to enter its territory. The letter of invitation/authenticated formal obligation must be submitted with the application to the Luxembourg diplomatic mission or consulate in his/her country of residence, or to 12 of 26

13 the diplomatic representation of another Member State that represents the Grand Duchy of Luxembourg regarding visa applications. The verification of the letter of invitation is done by the Passport and Visa Office of the Ministry of Foreign and European Affairs or the representing country. The applicant must submit a letter of invitation/authenticated formal obligation (undertaking of financial responsibility) from a guarantor resident in Luxembourg in accordance with article 4 of the amended law of 29 August 2008 on the free movement of persons and immigration. This document must be authenticated by the Mayor of the Municipality of residence of the guarantor and then the Ministry of Foreign and European Affairs must give its approval (See form 32-EPC ). 2. The Luxemburgish resident undertakes towards the Luxembourg State to bear the living costs (suitable accommodation, maintenance and medical costs) and return costs (including forced removal) of the applicant. This undertaking of financial responsibility is binding for two years. The guarantor must provide the following documents: a) the last three salary slips or a document certifying his/her monthly income; b) a photocopy of the passport or ID of the guarantor, or in case the guarantor is not Luxembourgish, the proof that s/he is a legal resident in Luxembourg (copy of the residence permit); c) a copy of the passport of the applicant of the visa. 3. As answered in Q.2 the undertaking of financial responsibility is authenticated by the Mayor of the Municipality where the guarantor lives and then has to be approved by the Minister of Foreign and European Affairs. As in Luxembourg each individual has a unique ID number the authorities can cross-check the information to verify the address and income as well as the residence status of the guarantor. If there is any doubt about an official invitation for business trips the Passport and Visa Office can verify if the company has invited the applicant. In regards to the applicant the person should check in the VIS and SIS systems to determine if a visa had already been revoked or refused and if the person has an entry ban. The diplomatic authorities can, if argued, grant a visa without the consent of the central authority (ex-officio). 4. According to article 133 (1) and (2) of the amended law of 29 August 2008 the Minister in charge of immigration can order any control (which are normally carried out by the Grand-Ducal Police) in order to verify if the conditions of entry and stay are fulfilled, as well as the accuracy of the information provided if there is a doubt. Also, in accordance with article 138, the Minister can access by a direct computerised system the following personal information contained in: a) the general register of the physical persons and the corporate bodies; b) the database on visas applications of the Passport and Visa Office; c) the database of the authorisation of establishment of the General Directorate of Small and Medium Sized Enterprises; d) the database of the Joint Centre for Social Security (CCSS) on affiliations of salaried workers and self-employed workers as well as employers; e) the database on job seekers of the Agency for the Development of Employment (ADEM); f) the database on the beneficiaries of the Minimum Guarantee Income (RMG) from the National Solidarity Fund (FNS) and the National Service of Social Action (SNAS). 13 of 26

14 5. As we have mentioned, Luxembourg does not have a diplomatic representation in all the countries for issuing the C visa (with or without territorial limitations). There are two possibilities: The visa is issued ex-officio by another Member State s diplomatic representation without consulting Luxembourg. This practice is called visa granted ex-officio. In this case the diplomatic representation will follow its own procedures. In this situation the diplomatic representation will accept or refuse the visa on its own right. In case of refusal, Luxembourg has the right to ask the reasons why the diplomatic representation refuses ex-officio the visa. The visa is approved by Luxembourg. This can be made directly through a Luxemburgish diplomatic mission (in this case the diplomatic mission takes the full responsibility for analysing the risk assessment and issuing the visa) or through another Member State s diplomatic mission representing Luxembourg. Once the application has been accepted, the applicant will have to pass an interview with a consular officer (if he/she is not already known by the diplomatic mission). Once the application is completed, it is transferred with the remarks made by the consular officer to the Passport and Visa Office in Luxembourg. The examiner will evaluate if the applicant fulfils the criteria so that the visa can be issued. If the examiner considers that he needs more information, he can demand any document included in the list of non-exhaustive justifying documents (annex II of the Visa Code (regulation EC 810/2009)) and any other that he considers necessary. If there is a letter of invitation, the examiner can call the contact person of the company inviting the applicant. When a private person covers the financial means of the applicant, the Passport and Visa Office has to intervene twice: 1) it has to validate the financial guarantee, and 2) it decides to grant the visa or not. Once it is accepted or rejected, the visa department will contact the diplomatic representation with the decision. As mentioned above, the undertaking of financial responsibility is already verified by the Passport and Visa Office and therefore, it is not necessary that the diplomatic mission checks it again. 6. As mentioned above, the Minister in charge of immigration has access to different personal information databases and can order verifications by the Grand-Ducal Police. Article 141 of the amended law of 29 August 2008 also establishes that a person who had made false declarations or used false documents to enter the country shall be punished by a term of imprisonment of from one month to two years and/or a fine from 251 Euro to Euro. Malta Yes 1. Yes, he is obliged to submit a document, namely, a form for proof of sponsorship and/or private accommodation. This document is named Declaration of Proof. These documents are than verified. 2.Copy of host s ID card, both sides Proof of accommodation energy bill or rental agreement Proof of Income pay slip or bank statement or pension receipt 3. A foreigner who is a minor needs a consent form from both his parents. 14 of 26

15 4. Does an authority authorised by the Member State check the information provided in natural and legal persons forms for proof of sponsorship or letters of invitation concerning: - the address of the foreigner s accommodation (whether the foreigner has actually been accommodated at the specified address), Yes - the financial condition of the inviting person (e.g., whether he/she will be able, if necessary, to fulfil his/her commitment to cover the expenses of the foreigner s expulsion from the country), Yes - whether the foreigner s purpose of entry conforms to the purpose of entry indicated in the letter of invitation, Yes - whether the invited foreigner enters the territory of the Member State and whether he/she leaves it before the expiry of the validity of his/her visa, Yes - other information (please specify)? If such information is checked, what methods are employed (e.g., documentary proof is requested, other checks are carried out (please provide examples)? Documentary proof is requested. 5. Yes 6. An interview is carried out Netherlands Yes 1. When applying for a short stay visa a foreigner invited by a relative or friend, who is living in the Netherlands, has to submit a filled in and legalised standard form Proof of Sponsorship and/or private accommodation. This standard letter may in some exceptional cases, also be required from a business visa applicant who cannot submit proof of an hotel reservation and/or financial means to cover all the costs of stay The standard-form can be downloaded from or After filling in this form the guarantor/invitor has to go to his municipality where he is registered in order to get his signature on the form legalized (authenticated). Without a legalisation-stamp of the relevant municipality the letter will not be accepted in a visa procedure. Note: the municipality does not verify the content of the letter itself! This is up to the visa processing authorities (i.e. Dutch embassy/consulate ). For instance, the Dutch embassy/consulate remains responsible for checking the submitted underlying documents substantiating the income of the guarantor. 2. The standard form can be used for two purposes: proof of sponsorship and/or proof of private accommodation. If the form is only used for proof of private accommodation the signee commits himself to provide the foreign national with accommodation. If the form is also used for proof of sponsorship the signee commits himself to cover all the costs caused by overstay (medical costs and repatriation costs included) to the extent that those costs otherwise would be borne by the Dutch State. The limit of the costs to recover is per year to a maximum of 5 years, or less depending of the duration of stay in the Schengenterritory. When applying for a visa at the Dutch embassy the applicant has to submit -next to this legalised standard form- also recent wage slips and a copy of the employmentcontract of the sponsor. Consequently, the Dutch embassy/consulat is responsible to verify if the sponsor indeed has sufficient and durable means of subsistence to act as a sponsor. 3. See answer above (2). 15 of 26