Main information/Analitics
“Return Report” to the Consulate: Is it a bureaucratic absurdity or an additional chance to get visa?
The practice of the EU consular services is still determined rather by Member State’s internal regulations, then by common rules set by the EU Visa Code. “Return Report” which obliges visa applicants to visit consulates after their return home is one of the examples of the EU visa policy diversity.
Iryna Sushko, EWB
In parallel with the persistent statements on visa liberalisation, the EU consulates live their own life, based primarily on their own vision of security, methods of the migration flows’ regulation and administrative standards.
The results of annual monitoring of visa policy, conducted by the EWB with the support of the International Renaissance Foundation, have confirmed the dominance of the EU countries’ individual approaches over the common unified rules, set by the EU Visa Code. Full result of another wave of monitoring will be published (presented) in September. But it is clear, the requirements regarding the list and content of documents for visa application is still a biggest problem.
The practice shows that some consulates introduced new requirements for visa application. Thus, an additional requirement of Polish consulate is to submit copies of the Work Record Books (“trudova knyzhka”), certified by the company, which is a manifestation of the post-Soviet approach. This document is some kind of the Soviet atavism, which is could not be found in any part of the civilised
However, another innovation in the EU visa practice is the applicants’ registration after their returning home from the trip. It has led to the most resonance and mass practice.
Applicant of this group has received the right to travel in exchange for a stamp in the passport, which specifies the period of citizens’ obligatory appearance in the Consulate after her/his return.
The fifth wave of monitoring of visa practice, conducted by the EWB in summer 2011, has demonstrated the increasing number of consulates, applying such additional control. It also demonstrated and increasing number of applicants that had faced with that specific expression of distrust.
In particular, according to respondents who were interviewed during a recent study, the German, Latvian, Estonian and Belgian consulates have resorted to this practice in certain cases (in addition to Spain, Italy and France which used this rule before).
“Monitoring of issuing visas by the EU and Schengen consulates, June-July, 2011
Did any EU consulates apply the additional control requirements of returning home?
In those consulates which use this practice, the percentage of requirement to register applicants’ returning varies from 5% to 10% (according to the interviewed respondents who had received visas). Although, the proportion of such respondents, to the total amount of respondents, is still small - about 1,5%. But the people polled indicated another requirement, to submit receipts and letters that will serve as a guarantee of returning home in significantly more cases (14,3% from the total number of respondents)
Despite the negative public and political reaction to the consulates’ innovation, none of them shows willingness to consider the chance to abolish this practice. On the other hand, none of the respondents and applicants, who were interviewed, refused to fulfil the consulates’ request.
Most respondents, during the survey, titled this procedure as humiliating, unfriendly and cumbersome because the most applicants must overcome distance, spending time and money to visit the Consulate once again.
Consular officials insist that they resort to such methods, guided by applicants’ interests, giving them an opportunity to make a scheduled trip in such way, instead of receiving a visa refusal.
The MFA of Ukraine has also reacted, reminding that the EU Visa Code contains no provisions that could regulate the control of the travelers’ return. The MFA officials raised a concern to the diplomatic missions and indicated that most of them hadn’t used such practice. But those who still use it are convinced of their correctness.
It is obvious that there is the lack of reasons to qualify this practice as illegal, because it is not prohibited either by international treaties or domestic legislation.
Why does this practice arouse concern and even rejection?
- First, because the introduction of additional requirements, burdening (overweighting) the visa process, contradicts the spirit of the visa liberalisation process, where the EU and
- Challenging the visa liberalisation policy official goals, all temporary difficulties quickly become the rule or actual trend, instead of the simplification the visa procedures, which is obviously expected due to visa liberalisation process.
- The society considers it as a part of general attitude to Ukraine and its people, which is not positive one. The obtained visa doesn't fully compensate the moral humiliation of total consular officers' distrust in case of necessary registration after returning home.
- The efficient development of databases and information exchange between Member States can effectively replace the "manual" method of control;
- The refusal to visit Consulate in time, if happens, may cause the visa refusal in the future that is not provided by any law.
- In the case of “return report”, the consulates of the Member States didn’t follow the recommendations of the professional group of experts from five countries, formulated in 2006, to recognize such practice like inappropriate to acceptable standards of the visa practice1
Of course, “return report” practice described here may be formally justified by the weak preparation by the visa applicants, their "clean passport" (without any visa) and strengthening the rules, caused by economic and political factors, or by other respected reasons.
However consular officers should understand that this practice is similar to those of Soviet totalitarian regime, when the citizens, coming back from the trip abroad, had to come to the authorities to report about their returning home.
1 Neighbors and Visas. Recommendations for a Friendly European Union Visa Policy. Stefan Batory Foundation,
