Division 2.2.2 Issuance of multiple-entry visas

In cases where the visa applicant needs to travel frequently or regularly to the territory of the Member States, short-stay visas will be issued for several visits, provided that the total length if those visits does not exceed 90 days per period of 180 days.

Article 5(1) of the Agreement stipulates that:

‘1.

Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of five years to the following categories of persons:

(a)

members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts, national and regional prosecutors and their deputies, if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties;

(b)

permanent members of official delegations who, following official invitations addressed to Ukraine, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

(c)

spouses and children (including adopted), who are under the age of 21 or are dependant, and parents (including custodians) visiting citizens of Ukraine legally residing in the territory of the Member States or citizens of the European Union residing in the territory of the Member State of which they are nationals;

(d)

business people and representatives of business organisations who regularly travel to the Member States;

(e)

journalists and the technical crew accompanying them in a professional capacity.

By way of derogation from the first subparagraph, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where

• in the case of the persons referred to in point (a), the term of office,

• in the case of the persons referred to in point (b), the term of the validity of the status as a permanent member of an official delegation,

• in the case of the persons referred to in point (c), the period of validity of the authorisation for legal residence of citizens of Ukraine legally residing in the European Union,

• in the case of the persons referred to in point (d), the term of validity of the status as a representative of the business organisation or the work contract,

• in the case of the persons referred to in point (e), the work contract

is less than five years.’.

For those categories of persons, taking into account their professional status or the family relationship with a Ukrainian citizen legally residing in the territory of the Member States or a citizen of the European Union residing in the territory of the Member State of which they are nationals, it is justified to issue, as a rule, a multiple-entry visa with a validity of five years. In the initial version of the Agreement the expression ‘with the term of validity of up to five years’ left discretion to consulates in deciding on the period of validity of the visa, setting up only the maximum length of validity. With the amending Agreement that discretion has disappeared with the new wording ‘with the term of validity of five years’, stipulating that, should the applicant meet all the requirements of Article 5(1) of the Agreement, ‘diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of five years’.

For persons falling under point (a) of Article 5(1) of the Agreement, confirmation should be given regarding their professional status and the duration of their mandate.

That provision will not apply to persons falling under point (a) of Article 5(1) of the Agreement if they are exempted from the visa requirement by the Agreement, i.e. if they are holders of a diplomatic or biometric service passports.

For persons falling under point (b) of Article 5(1) of the Agreement, proof must be presented regarding their permanent status as a member of the delegation and the need to participate regularly in meetings, consultations, negotiations or exchange programs.

For persons falling under point (c) of Article 5(1) of the Agreement, proof must be presented regarding the legal residence of the inviting person (cfr. II.2.2.1).

For persons falling under points (d) and (e) of Article 5(1) of the Agreement, proof must be presented regarding their professional status and the duration of their activities.

Article 5(2) of the Agreement stipulates that:

‘2.

Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of one year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State:

(a)

drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Ukraine;

(b)

members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States;

(c)

persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Member States;

(d)

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

(e)

participants in official exchange programmes organised by twin cities and other municipal entities;

(f)

representatives of civil society organisations travelling regularly to Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

(g)

for participants in official European Union cross-border cooperation programmes, such as under the European Neighbourhood and Partnership Instrument (ENPI);

(h)

students and post-graduate students who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

(i)

for representatives of religious communities;

(j)

for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held in the territory of the Member States;

(k)

persons needing to visit regularly for medical reasons and necessary accompanying persons.

By way of derogation from the first subparagraph, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period.’.

In the initial version of the Agreement the expression ‘with the term of validity of up to one year’ left discretion to consulates in deciding on the period of validity of the visa, setting up only the maximum length of validity. With the amending Agreement that discretion has disappeared with the new wording ‘with the term of validity of one year’, stipulating that, should the applicant meet all the requirements of Article 5(2) of the Agreement, ‘diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of one year’. It is to be noted that multiple-entry visas valid for one year will be issued to the above mentioned categories if during the previous year (12 months) the visa applicant has obtained at least one Schengen visa and has made use of it in conformity 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. The Schengen visa obtained during the previous year can be one that has been issued by a Schengen State other than the one where the applicant requested the new 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 frequently or regularly 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 5(3) and (4) of the Agreement stipulate that:

‘3.

Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period.

4.

The total period of stay of 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.’.

Multiple-entry visas valid from two years up to five years will be issued to the categories mentioned under Article 5(2) of the Agreement, provided that during the previous two years they have made use of the one year multi-entry Schengen visas in accordance with the laws on entry and stay in the territory(ies) of the visited State(s) and that the need to travel frequently or regularly is not manifestly limited to a shorter period. It has to be noted that a visa with a validity from two to five years will only be issued if the visa applicant has been issued two visas valid for one year -and not less- during the previous two years, and if (s)he has used those visas in accordance with the laws of entry and stay in the territory(ies) of the visited State(s). Diplomatic missions and consular posts of the Member States will decide, on the basis of the assessment of each visa application, the period of validity of those visas — i.e. from two to five years.

Regarding the definition of the criteria in Article 5(2) of the Agreement: ‘provided that … there are reasons for requesting a multiple-entry visa’, and Article 5(3) of the Agreement: ‘provided that … the reasons for requesting a multiple-entry visa are still valid’, the criteria set up in point (a) of Article 24(2) of the Visa Code for issuing those type of visas apply, i.e. that the person needs to travel frequently to one or several Member States, for example on business.

There is no obligation to issue a multiple-entry visa if the applicant did not make use of a previous visa. Nevertheless, such a visa can be issued if the non-use of the previous visa is due to circumstances independent of the will of the applicant; for instance, a long absence from his job of a lorry driver due to illness.

Cfr. II.2.2.1 regarding documents justifying the purpose of the journey for issuing multiple-entry visas for the categories mentioned in Article 5 of the Agreement.