Schengen yet again

[Negita43]

I am back on an old hobby horse.

 

My Thai girlfriend and I travel at least every other year to Europe.

 

We fly from Thailand to the UK (where she has a 10 year tourist visa) then we go to Europe normally we enter Europe via Spain we have done this 4 times since 2011 (last time last year). This year I wrote to the Spanish embassy asking how to go about getting a multiple entry Schengen (point of entry Spain). The reply said "we do not issue 5 year Schengen visa normally - only in exceptional circumstances.

 

Has anyone know of anyone who has a 5 year Schengen and which country issued it?

 

Thanks

[Donutz]

Simply indicate on the application form that you need a multiple entry visa (mev) and provide some reasons on why (you are a frequent and bonafite traveller who will continue to frequently visit the Schengen area).

Schengen embassies are supposed to issue MEV if they can. So a proper embassy will issue you a MAC automatically if you have a bunch of previous visas. Spain is a bit notorious and wasting your time (not your money as your visa is free: family member of Eu/EEA national = free visa) and wasting their own time and money.

 The Schengen code on visa says:

---------
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)
(...)
8. Provided that certain conditions are fulfilled, multiple-entry visas should be issued in order to lessen the administrative burden of Member States’ consulates and to facilitate smooth travel for frequent or regular travellers. Applicants known to the consulate for their integrity and reliability should as far as possible benefit from a simplified procedure.

(...)

Article 24.2:
Without prejudice to Article 12(a), multiple-entry visas shall be issued with a period of validity between six months and five years, where the following conditions are met:

(a) the applicant proves the need or justifies the intention to travel frequently and/or regularly, in particular due to his occupational or family status, such as business persons, civil servants engaged in regular official contacts with Member States and EU institutions, representatives of civil society organisations travelling for the purpose of educational training, seminars and conferences, family members of citizens of the Union, family members of third-country nationals legally residing in Member States and seafarers; and

(b.) the applicant proves his integrity and reliability, in particular the lawful use of previous uniform visas or visas with limited territorial validity, his economic situation in the country of origin and his genuine intention to leave the territory of the Member States before the expiry of the visa applied for.
----------
Source:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0810

EU Home affairs also writes in the 'Operational instructions for the application of the Visa Code are further specified in the Handbook for the processing of visa applications and the modification of issued visas':

------
 9.1.1.3. Number of entries
A uniform visa may be issued for one, two or multiple entries. The applicant should indicate in the application form how many entries he wishes, but it is the consular authorities
examining the application who decide on the number of entries to grant.
(...)
 Under the following circumstances a multiple-entry visa (including for the purpose of transit) shall be issued:
An applicant having proved his integrity and reliability, in particular the lawful use of
previous uniform visas or visas with limited territorial validity, his economic situation in the  country of origin and his genuine intention to leave the territory of the Member States before  the expiry of the visa applied for and who proves the need or justifies the intention to travel  frequently and/or regularly, in particular due to his occupational or family status:
(..)
- family members of citizens of the Union, and family members of third-country nationals
legally residing in Member States.
As regards the specific rules applying to categories of persons covered by Visa Facilitation  Agreements, see the respective Guidelines set out in Annex 8.


Other categories of persons could be eligible for being granted a multiple entry visa with a
long validity, provided that the criteria in relation to integrity and reliability together with the  proof of need of frequent or regular travel as indicated above are fulfilled:
------
Source:
https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy_en

Spain isn't exactly the most friendly and relaxed member state as you may have seen in other topics on these forums. 

 

You can ofcourse file a complaint and objection if Spain issues 1 entry when you requestas more..just like you would  do as with a visa refusal. But that might be a long road. You may also see if you can change the embassies mind by including EU Home affairs in your email..(include them in a cc  if you mail.tje Spaniards or forward the reply of Spain to Brussels) . Email:

 

JUST-CITIZENSHIP {at} ec.europa.eu

 

==============

 

 

Alternatively  (but if no one stands up to an embassy nothing will ever change!!):

 

Perhaps try a more friendly embassy. Perhaps the Dutch? NL isn't a bad place to visit and with a MEV in the pocket you can don't need to visit NL again if it's you don't want to.

 

 For some annual stats (refusals, NEC rate etc) see:

 

https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy#stats

 

Edit: oh you are not married. Freedom of movement may not necessarily apply but still she should get a MEV. You seem to be in a relationship akin to marriage so the Dutch would issue her a free visa and it would be a MEV.

Edited October 18, 2017 by Donutz

[Donutz]

Forum won't let me attach a jpg or png file right now via my phone so I will type the refusal rate down here:

 

2016 stats:

MEV% - memberstate

_________________

23,2% Austria
19,8% Belgium
1,1% Czech R.
32,1% Denmark 
3,3% Finland 
44,1% France 
99,9% Germany
21,2% Greece 
23,7% Hungary 
25,3% Italy 
35,4% Luxembourg 
99,6% Netherlands 
37,6% Norway 
1,0% Poland 
84,3% Portugal
30,2% Slovakia 
1,1% Spain 
9,4% Sweden 
12,3% Switzerland 
 

Edit: in my previous post it says 'MAC' somewhere where it should have said MEV. Autocorrection... 

But generally a normal embassy increases the validity for bonafite frequent travellers with more or less each application. For instance: A first time applicants with no immediate need for a MEV gets 1 entry, on the ad one or third time a MEV for 6-12 months, then a 2-3 year visa and finally a 5 year visa. But as you can see some members such as NL, D and P are more relaxed than say ES...

 

Edited October 18, 2017 by Donutz