Multiple entry Short term Schengen visa valid for 5 days

Question

I have an Indian passport and a UK BRP. I applied for a multiple-entry short term Schengen visa to Germany under "Friends/Family Visit". I was given a visa valid only for the 5 days that I will be in Germany. I have received the Schegen visa four times in the past and the previous one, received from the French embassy under the Tourist visa, was valid for four years. Is it possible to appeal this (and how)?

Answer 1

Article 24 of the Schengen Visa Code states:

(…)

2. Provided that the applicant fulfils the entry conditions set out in point (a) and points (c) to (e) of Article 6(1) of Regulation (EU) 2016/399, multiple-entry visas with a long validity shall be issued for the following validity periods, unless the validity of the visa would exceed that of the travel document:

(a) for a validity period of one year, provided that the applicant has obtained and lawfully used three visas within the previous two years;

(b) for a validity period of two years, provided that the applicant has obtained and lawfully used a previous multiple-entry visa valid for one year within the previous two years;

(c) for a validity period of five years, provided that the applicant has obtained and lawfully used a previous multiple-entry visa valid for two years within the previous three years.

Badly written, but as you can see there’s a natural progression, but it has quite a few conditions attached.

Note that consulates should have access to your visa history across all Schengen countries but it’s limited on how far back it goes.

Even if you meet those conditions:

2a. By way of derogation from paragraph 2, the validity period of the visa issued may be shortened in individual cases where there is reasonable doubt that the entry conditions will be met for the entire period.

2b. By way of derogation from paragraph 2, consulates shall, within local Schengen cooperation, assess whether the rules on the issuing of the multiple-entry visas set out in paragraph 2 need to be adapted to take account of local circumstances, and of migratory and security risks, in view of the adoption of more favourable or more restrictive rules in accordance with paragraph 2d.

Which basically means “but we can do whatever we want anyway”.

On the other hand, even if you don’t meet the conditions for “automatic upgrade”:

2c. Without prejudice to paragraph 2, a multiple-entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently or regularly, provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied.

I think the easiest option, is to use that visa then apply for a new visa and include the relevant details (including copies of the previous visas and entry/exit stamps from previous passports, possibly with a summary table of the visas and visits).

If you meet the conditions of section 2 then they’ll be reminded of them. If you don’t maybe you’ll be able to get a 5 year visa based on section 2c.

Of course in any case the rest of your application should be bulletproof and not give them any reason to think you may abuse the terms of the visa.