The European Commission announced on Friday afternoon updated guidelines to Member States on visa procedures and border controls for Russian citizens at the EU's external borders making it practically impossible for Russian war objectors to enter EU territory.
Ylva Johansson, the Commissioner for Home Affairs, explained remotely from Stockholm for an almost empty press room in Brussels that the guidelines need to be seen in the context of geopolitical and security concerns linked to Russia's invasion of Ukraine and the recent serious escalation by Russia.
In her press statement she referred to the sham ‘referenda’ in four Russian-occupied regions in Ukraine – which might lead to the illegal annexation of them - and the recent still unsolved sabotage of the Nord Stream gas pipelines in the Baltic Sea.
She referred also to the ‘partial’ military mobilization of 300,000 soldiers. As previously reported, since Kremlin announced the mobilization on Wednesday, the Commission has been under pressure to update its guidelines of 9 September to support Member States in handling short-stay visa applications lodged by Russian citizens.
These guidelines were already restrictive and required strict assessments of security risks and enhanced scrutiny of Russians applying for entry to EU. In principle non-essential travel is deprioritized. The category of Russians who want to avoid military service and to take refuge in the EU was not foreseen in the guidelines.
Commissioner Johansson admitted that, following the mobilisation order, there has been an increase in the number of Russian citizens trying to enter the EU. “That is, from certain perspectives, understandable, they don't want to go to war in another country that has been occupied by their leader.”
However, avoiding the mobilisation does not necessarily equate to opposing the war as such, she said. “In addition, it cannot be excluded that Russian citizens trying to circumvent the mobilisation by getting into the EU, also constitute a threat to public policy, the internal security or the international relations of a Member State or the Union as a whole.”
Vice-President for Promoting our European Way of Life Margaritis Schinas added that, “The European Union is and will always remain a place of asylum. But this is now first and foremost a security issue: increased scrutiny on visa issuance and heightened border checks will ensure we protect ourselves, and our unity.”
The updated guidelines call on Member States' consulates and border authorities to apply a higher degree of security checks than before and a coordinated approach when carrying out individual assessments of Russian citizens' visa applications and controls at the Union's external borders.
Johansson underlined the difference between so-called Schengen visas (up to 3 months) and visas for long stays or residence permits. The updated guidelines, which reflect a ‘coordinated EU approach’ according to the Commission, only deal with short-stay visa. She made it clear, based on the guidelines, that member states should not issue visa for longer stays than 3 months.
That said, she insisted that the right to apply for asylum in the EU is not touched in the guidelines. It is a member state competence to decide on long-stay visa under national rules.
Is there evidence that Russians fleeing military service might pose security risks in the EU?
The Commissioner estimated that the number of Russian citizens trying to enter the EU has increased by 10,000 – 20,000 in September compared to previous months but the number was still relatively low.
She admitted that she had no intelligence about the security risk of admitting war objectors and referred to a statement by a Kremlin spokesperson that had used threatening language about ‘poisoning’. There were also examples of tourists who came to express their support for Russia’s war of aggression and provoke the public opinion in the EU.
Do the updated guidelines reflect the position of the EU member states that border to Russia (the Baltic countries and Finland but also Poland), that do not accept Russians fleeing conscription?
Johansson claimed that the EU was not divided on this issue and that the updated guidelines express a coordinated and common EU approach. “We have to keep in mind - to come to Europe is a privilege, not a fundamental right. We should stay open, of course, to dissidents, journalists independent from the Russian government.”
According to the guidelines, the Visa Code contains derogatory provisions allowing for the issuing of a visa on humanitarian grounds, for reasons of national interest or because of international obligations. Among others the Visa Code allows visas to be issued with limited territorial validity despite the entry conditions not being fulfilled.
Where can a Russian citizen fleeing military service in the war in Ukraine apply for visa?
In line with current practice, short-term visa application should be made in the country of origin, that is in Russia. An application for long-term visa can be made at member state consulate in a third country.
When it comes to short-stay visas, consulates are called to apply any humanitarian derogations in a restrictive manner. It is up to member states, based on an individual examination, to assess if applications by Russian citizens can qualify as falling under the humanitarian reasons category.
Member States' consulates should also look carefully into cases of Russians applying for a short-stay visa from outside Russia. Such cases should be directed to the consulate responsible for their place of residence, normally in Russia. The Commission advises member states to apply a strict approach assessing the justification of the journey. This includes the Russians fleeing military mobilisation.
What kind of visa should Russians fleeting mobilisation apply for?
For the time being there is no end to the war in sight and no-one can foresee how long time it will last. Asked by The Brussels Times if the updated guidelines in practice will ban entry to the EU for war objectors, Commissioner Johansson replied that they should not apply for short-term visas but for long-stay visa.
Those who participate in the Russian war in Ukraine risks becoming involved in war crimes. If they refuse military service, they risk year-long imprisonment. Johansson declined to comment on a ruling in 2020 (Judgment in Case C-238/19) where the European Court of Justice concluded that there is a “strong presumption that refusal to perform military service is connected to a reason which may give rise to entitlement to recognition as a refugee.”
M. Apelblat
The Brussels Times
