German lawyer Thomas PUE answers a reader's question.
– The fact is that Ukraine in 2012 and Ukraine in 2014 are two very different states, which is also taken into account by the German embassy. And I believe that it was precisely because of the changed situation that the visa policy was tightened. The issuance of a visa in the past does not give the right to a guaranteed visa in the future; everything is decided on a case-by-case basis.
In this case, the main reason for the refusal is the suspicion that the visa applicant is not ready to return to her homeland. Willingness to return is checked by the embassy when issuing the next visa. Holders of a multiple-entry visa are no longer checked for willingness to return, since they do not need to contact the German representation for a new visa each time before traveling. Perhaps the German embassy considered it too dangerous in the current conditions to issue a multiple-entry visa to a young woman who does not have strong roots in Ukraine.
It is also important where exactly the granddaughter lives. There is every reason to believe that the embassy applies a different approach to considering visa applications from a resident of Lviv and a resident of Kramatorsk.
The visa refusal received is entered into specialized European databases and complicates the so-called visa biography. Thus, applications to diplomatic missions of other European countries in Ukraine may be rejected with reference to the German refusal. Therefore, I recommend appealing this decision. After all, silent agreement with the refusal will be negatively regarded as recognition of its validity.
To determine the appropriate means of protest and the deadlines for filing it, it is best to show the text of the refusal to a lawyer specializing in such matters. Usually I recommend drawing up a remonstration, convincingly refuting the embassy's suspicions and convincingly confirming one's readiness to return.
You can also apply to a German court. I suspect that in the current situation, European embassies are too strict in handling visa applications. If the applicant who received a visa refusal really has no desire to stay in Germany, then this can usually be proven. It is important in such a situation to comply with the statutory deadlines for expressing disagreement with the refusal.
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