Visa-free travel between Russia and EU
still only on the horizon
Current AGREEMENT since 1st June 2007
between the European Community and the Russian Federation on the facilitation of
the issuance of visas to the citizens of the European Union and the Russian FederationSee posts 26 and also 34 earlier. With regards to the above agreement and posts I applied to the EU representation department in Moscow for clarification of certain articles regarding the issue of 5 year Multi Entry Visas according to the Sochi agreement of 2007.
Mr D.... D........
....................................................................................................... 3 June 2011
Delegation of the European Union to Russia
14/1, Kadashevskaya embankment
Moscow, 119017,
Russian Federation
Dear Mr D...........
I am writing to ask your help regarding the correct interpretation of 2 articles of the Sochi Agreement 2006 between the EU and the Russian Federation.
I am a Greek National living legally in the UK together with my Russian National wife, who has acquired a RESIDENT CARD under the EU Directive 2004/38/EU. My wife has been travelling for the past 3 years, together with myself, freely and without the need of having a Visa in many European Countries.
On the other hand, I cannot travel to Russia without a Visa and as a husband of a Russian National I can apply for a family visa for up to 3 months to be able to visit OUR house and my old mother in Law. To make the application my wife and I have to travel to London by train and spent all day in the Russian Visa Centre, so my wife can write there in person her invitation.
Reading the Sochi Agreement, I see that it is permitted the issue of a multi entry 5 year visa to Russians as also to EU Nationals but I get the impression, when I made an enquiry with the Russian Consulate, the interpretation I was given of the articles 3 and 5 is wrong.
Could you please let me know the correct interpretation of the following paragraphs highlighted below?
AGREEMENT
between the European Community and the Russian Federation on the facilitation of
the issuance of visas to the citizens of the European Union and the Russian Federation
Article 3
Definitions For the purpose of this Agreement:
(e) ‘legally residing person’ shall mean:
— for the Russian Federation, a citizen of the European Union who acquired a permission for temporary residing, a residence permit or an educational or working visa for a period of more than 90 days in the Russian Federation,
— for the European Union, a citizen of the Russian Federation authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Community or national legislation.
Article 5
Issuance of multiple-entry visas
1. Diplomatic missions and consular posts of the Member States and of the Russian Federation shall issue multiple-entry visas with the term of validity of up to five years to the following categories of citizens:
(b) spouses and children (including adopted), who are under the age of 21 or are dependant, visiting citizens of the European Union and the Russian Federation legally residing in the territory of the Russian Federation or the Member States, with the term of validity limited to the duration of the validity of their authorisation for legal residence.
Interpretation by the Russian Consulate:
A: My wife, who is a Russian citizen, living legally in the UK, can invite close relatives to visit or stay here for long time, BUT me as Greek citizen I can't.
B: In Russia the same happens in the opposite direction. The Russian Nationals can't invite any relatives but the EU National, legally residing there, can!
Could you please verify that the above is the correct interpretation of articles 3 and 5 of the said Agreement?
Look forward to hearing from you soon.
Yannis .... (wiz)
Dear Mr Yannis P...........,
Thank you for your message and our telephone conversation earlier this week. In reply, and having received views of my colleagues in Brussels who deal closely with the monitoring of the EU-Russia Visa Facilitation Agreement, I can now provide you with the following considerations:
As you note, the EU-Russia Visa Facilitation Agreement lays down rules on the issuance of visas to EU citizens by Russian authorities. You quote Article 5(1)(b) of the Agreement which indeed foresees that "Diplomatic missions and consular posts of the Member States and of the Russian Federation shall issue multiple-entry visas with the term of validity of up to five years to ... spouses and children (including adopted), who are under the age of 21 or are dependant, visiting citizens of the European Union and the Russian Federation legally residing in the territory of the Russian Federation or the Member States, with the term of validity limited to the duration of the validity of their authorisation for legal residence."
This provision has always been interpreted by both the EU and Russia as being limited to EU citizens travelling to Russia to visit EU citizen family members legally residing in Russia and Russian citizens travelling to the EU to visit Russian family members legally residing in the EU,
thus excluding EU citizens travelling to Russia to visit Russian family members and Russian citizens travelling to the EU to visit EU citizen family members.
The latter cases are currently only regulated by the internal legislation of the EU and Russia respectively. They were excluded from the scope of application of the Visa Facilitation Agreement as Russian family members visiting EU citizens, who exercised their right to move and reside freely within the EU, in the EU are granted special treatment by Directive 2004/38/EC. In particular, Member States must grant such persons every facility to obtain the necessary visas. The EU has furthermore laid down in Article 24 of the Visa Code, that establishes the procedures and conditions for the issuing of short-stay visas to third-country nationals, that multiple-entry visas shall be issued with a period of validity between six months and five years to a bona fide applicant who proves the need or justifies the intention to travel frequently and/or regularly, in particular due to his family status, such as family members of EU citizens. As regards Russia, according to the information from the Russian authorities no similar provision exists in Russian law.
In light of the foregoing, the Joint Committee in May 2010 suggested to extend Article 5 (1) (b) of the Visa Facilitation Agreement to EU citizens visiting close relatives who are Russian citizens residing in Russia and, on a basis of reciprocity, Russian citizens visiting close relatives who are EU citizens residing in their Member State of nationality. To the latter category, Directive 2004/38/EC, in principle, does not apply. In addition, the Joint Committee suggested to extend the provisions on a visa fee waiver
(Article 6 (3) (a) of the Visa Facilitation Agreement) and a simplification of supporting documents to prove the purpose of the travel (Article 4 (1) (j) of the Visa Facilitation Agreement) to these persons as well. The EU and the Russian Federation have meanwhile started the negotiations on amendments to the Visa Facilitation Agreement on the basis of the suggestions of the Joint Committee. Such amendments, if agreed, will enter into force once the two Parties have completed their respective ratification procedures.
Best regards,
J... T........
Finally is getting clearer who is dragging its feet!
It is not the EU who is stalling the FREE movement between the EU and Russia, as highlighted above but Russia!
The above proposition would solve a lot of mixed married couples visa problems, when travelling to Russia and minimise the high costs of getting a visa.
From what I know, so far, Russia has not signed any agreement to accept back any illegals and over stayers, which the EU rightly has asked for.
Additionally the "humiliating" and time wasting registration requirement for foreigners, shows how difficult and uninviting, backward looking country, Russia is!
The "Cold War" is not over yet for their Government ......... but soon or later will come to realise the benefits that massive tourism will bring to their country!
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