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Division 2.2.1 Issuing of multiple-entry visas

Original text. Later amendments are not shown.

In cases where the visa applicant needs to travel frequently or regularly to the territory of Cape Verde or to the territory of the Member States, short-stay visas may be issued for several visits, provided that the total length of these visits does not exceed 90 days in any 180-day period.

Article 4(1) of the Agreement reads:

‘1.

Diplomatic missions and consular posts of the Member States and of Cape Verde shall issue multiple-entry visas valid for five years to the following categories of citizen:

(a)

members of national and regional governments and parliaments, constitutional courts, supreme courts or courts of auditors, if they are not exempt from visa requirements under this Agreement, in the exercise of their duties;

(b)

permanent members of official delegations who, following an official invitation addressed to Cape Verde, the Member States or the Union, take part in meetings, consultations, negotiations or exchange programmes, or in events in the territory of the Member States or Cape Verde organised on the initiative of intergovernmental organisations;

(c)

business people and company representatives who regularly travel to the Member States or to Cape Verde;

(d)

spouses, children (including adopted children) who are under the age of 21 or are dependent, and parents visiting either:

  • citizens of Cape Verde legally resident in the territory of a Member State or citizens of the Union legally resident in Cape Verde, or

  • citizens of the Union resident in the Member State of their nationality, or citizens of Cape Verde resident in Cape Verde.

However, if the need or intention to travel frequently or regularly is clearly limited to a shorter stay, the validity of the multiple-entry visa shall be limited to this stay, in particular where

  • the term of office, in the case of those covered by point (a) above,

  • the term of office of a permanent member of an official delegation, in the case of those covered by point (b) above,

  • the duration of the positions as business people and company representatives, in the case of those covered by point (c) above, or

  • the duration of the residence permits issued to Cape Verde citizens residing in the territory of a Member State and Union citizens residing in Cape Verde, in the case of those covered by point (d) above,

is less than five years.’.

Taking into account the professional status of those categories of persons, or their family relationship with a citizen of Cape Verde or of the Union who is legally residing in the territory of Cape Verde or of the Member State, as well as regarding the relatives of citizens of the Union resident in the Member State of their nationality, or the relatives of citizens of Cape Verde resident in Cape Verde, it is justified to grant them a multiple-entry visa with a validity of five years, or limited to the term of office or to their legal residence if those are of less than five years.

As regards persons falling under Article 4(1)(a), confirmation should be given regarding their professional status and the duration of their mandate.

This provision will not apply to persons falling under Article 4(1)(a) if they are exempted from the visa requirement by the Agreement, i.e. if they are holders of a diplomatic or service passport.

Persons falling under Article 4(1)(b) must present proof regarding their permanent status as a member of the delegation and the need to participate regularly in meetings, consultations, negotiations or exchange programmes.

Persons falling under Article 4(1)(c) must present proof regarding their professional status and the duration of their activities.

Persons falling under Article 4(1)(d) must present proof regarding the legal residence of the inviting person.

In cases where the need or the intention to travel frequently or regularly is clearly limited to a shorter period, the validity of a multiple-entry visa will be limited to that period.

Article 4(2) of the Agreement reads:

‘2.

Diplomatic missions and consular posts of the Member States and Cape Verde shall issue multiple-entry visas valid for one year to the following categories of citizens, provided that during the previous year they have obtained at least one visa and that they have made use of it in accordance with the laws on entry and residence in the territory of the State in question:

(a)

representatives of civil society organisations travelling regularly to Member States or to Cape Verde for the purposes of educational training or to take part in seminars and conferences, including as part of exchange programmes;

(b)

practitioners of a liberal profession taking part in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States or to Cape Verde;

(c)

persons taking part in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Member States or to Cape Verde;

(d)

participants in international sports events and persons accompanying them in a professional capacity;

(e)

journalists and accredited persons accompanying them in a professional capacity;

(f)

school pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including exchange programmes and other school-related activities;

(g)

representatives of religious organisations recognised in Cape Verde or in the Member States who regularly travel to the Member States or to Cape Verde respectively;

(h)

persons visiting regularly for medical reasons;

(i)

participants in official exchange programmes organised by twinned towns or municipal authorities;

(j)

members of official delegations who, following an official invitation addressed to Cape Verde, the Member States or the Union, regularly take part in meetings, consultations, negotiations or exchange programmes, and in events in the territory of the Member States or of Cape Verde organised on the initiative of intergovernmental organisations.

However, if the need or intention to travel frequently or regularly is clearly limited to a shorter stay, the validity of the multiple-entry visa shall be limited to the length of this stay.’.

In principle, multiple-entry visas valid for one year will be issued to the abovementioned categories of visa applicants if during the previous year (12 months) the visa applicant has obtained at least one visa and has made use of it in accordance with the laws on entry and stay of the State(s) visited (for instance, the person has not overstayed) and if there are reasons for requesting a multiple-entry visa.

In cases where it is not justified to issue a visa valid for one year (for instance, if the duration of the exchange programme is of less than one year or the person does not need to travel for a full year), the validity of the visa will be of less than one year, provided that the other requirements for issuing the visa are met.

Article 4(3) and (4) of the Agreement reads:

‘3.

Diplomatic missions and consular posts of the Member States and of Cape Verde shall issue multiple-entry visas that are valid for at least two years and at most five years to citizens in the categories referred to in paragraph 2 of this Article, provided that during the two years prior to the application they have made use of a one-year multiple-entry visa in accordance with the laws on entry and residence in the territory of the host State.

However, if the need or intention to travel frequently or regularly is clearly limited to a shorter stay, the validity of the multiple-entry visa shall be limited to the length of that stay.

4.

The total period of residence of the persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States or of Cape Verde.’.

Multiple-entry visas with a validity of two to five years will be issued to the categories of visa applicants mentioned under Article 4(2), provided that during the previous two years (24 months) they have made use of the multiple-entry visas valid for at least one year in accordance with the laws on entry and stay of the State(s) visited and that the reasons for requesting a multiple-entry visa are still valid. It has to be noted that a multiple-entry visa with a validity of two to five years will only be issued if the visa applicant has been issued, during the previous two years, two visas valid for at least one year, and if that person has used those visas in accordance with the laws of entry and stay of the State(s) visited. Diplomatic missions and consular posts are to decide, on the basis of the assessment of each visa application, the period of validity of those visas (from two to five years).

There is no obligation to issue a multiple-entry visa if the applicant has not made use of a previously issued visa.

Notes on Attachment

Footnotes

f1

OJ L 282, 24.10.2013, p. 3.