Schengen rules: duration+15 and multi entry for family of EU

[Directive/2004/38/EC]

I never knew they were supposed to issue Schengen visas with a 15 day grace period. Also that there were written rules allowing the issue of multiple entry or extended visas to EU family members.

Article 24 - Issuing of a uniform visa


1. The period of validity of a visa and the length of the authorised stay shall be based on the examination conducted in accordance with Article 21.

A visa may be issued for one, two or multiple entries. The period of validity shall not exceed five years.

In the case of transit, the length of the authorised stay shall correspond to the time necessary for the purpose of the transit.

Without prejudice to Article 12(a), the period of validity of the visa shall include an additional ‘period of grace’ of 15 days.

Member States may decide not to grant such a period of grace for reasons of public policy or because of the international relations of any of the Member States.



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.

[Plum70]

And family members of Union citizens also have to satisfy condition 2(b) which may mean graduating from a 6 month visa to a five year one over a period of time having demonstrated a "need" for a long term visa, "integrity" and "reliability".

[Directive/2004/38/EC]

I have bolded the "and" to make it more clear.

I think for many families that should not be a hard barrier to clear.

[Directive/2004/38/EC]

Has anyone gotten the 15 day grace period with their Schengen visa? Most stories involve visas issued for exactly the duration of the specified trips.

[acme4242]

yes, I went looking into this before here http://www.immigrationboards.com/viewto ... 787#376787

I tried without luck, to find some straight forward written visa rules for the treatment of EU family members, specifically related to
Visa class
multi-entry
visa duration

Sadly this new visa code adds little. e.g. Multi-entry shall be issued IF
"The applicant proves his integrity and reliability"
This is too much discretion to give to certain embassies. this allows them to reject all multi-entry applications automatically.
And I fail to see why this condition should be applied to EU Citizens and their family who have an automatic right of entry anyway.

The Multi-entry visa guideline has come up before, the EU commission considers the obligation to afford 'every facility' to mean multi-entry.
I included the commission correspondence related to a complaint against Ireland.

Legal assessment
Conditions and time frames for issuing visas

This obligation to afford 'every facility' to family members of EU citizens also, in the
Commission's view, relates to the nature of the visa issued. When it is clear that the person in
question has to travel frequently in a given Member State in the context of exercising his right
to free movement, he should be issued with a multiple-entry visa with a long period of
validity. The time frame for issuing such a visa should also be sufficiently rapid to comply
with the obligation to afford 'every facility'.

However these guidelines of "every facility" is all too vague and does not quote minimum privileges, there are no straight forward written visa rules for EU family members.
Except the 2004/38/EC statement that the visa must be free.