Spouce schengen visa denied, longest delay in decision

[lidia_9]

Hi,
After waiting more than 4 months my eu spouce visa had been refused by french embassy today, and the reason given is i am being accused of marraige is done solely for enjoying free movement in the eu. Totally heartbroken. Can any seniors advice me what options do i have wich are better?

[Ahmshea]

Hi,
After waiting more than 4 months my eu spouce visa had been refused by french embassy today, and the reason given is i am being accused of marraige is done solely for enjoying free movement in the eu. Totally heartbroken. Can any seniors advice me what options do i have wich are better?

You can contact through the following:

just-citizenship@ec.europa.eu (This is the department which deals with union citizenship and free movement).

Or submit a complaint here: http://ec.europa.eu/atwork/applying-eu- ... int_en.htm

For the visa policy unit I just sent an email directly to the Commissioner Avramopoulos. You will have to search for his details online and find his team contact details so you can cc them. Usually if you cc others they will reply.

I can't really advise you on what to do because I don't know the rules of where you are. But be advised that the European Commission does not respond quickly. You may have to hire a lawyer if you want it to be dealt with as soon as possible.

[gokulatti]

Maybe it helps me/others to know the background of your case, eu spouses nationality, where he/she is atm and where you are atm. travelling together or joining in france. the status of the eu national now or the plan in the future.

[waqasars]

You can take Eu Commissioner in CC. Visit the following page and you will get his e mail details .

https://ec.europa.eu/commission/commiss ... os/team_en

[waqasars]

dimitris.avramopoulos@ec.europa.eu email address of EU Commissioner. Take him in CC. you will find his team contact details from the above mentioned link take them in CC as well.

[waqasars]

@ Ahmshea Do you have any update from Eu Commission?

[lidia_9]

I have been contacting lawyers in paris all day and was able to talk to few of them they are willing to help but they are really expensive, for all appeal process it is going to cost me 3000€.

[lidia_9]

Anyone on this forum know some lawyer who is specialist for such cases? Lawyers whom i talk to seem they know about this and quite sure that they can manage to get me out of this situation, we have a daughter together I don't know how can they say it is marriage for taking benefits of eu, and actually on refusal letter they write only one sentence reason that the marriage is to take benefits of eu.... if i go to reapply i will probably have same decision again and seems it will take ages to solve this situation? Any advice from seniors onthis forum?

[lidia_9]

@gokulatti Applied in pakistan in french embassy, joining eu national. Eu directive applies and 3 month visa should be issued without any conditions. They took 4 months to say one line of refusal. My question here on this forum to all who can suggest is what steps should i take further so i can save some time and get out of this nightmare.?

[waqasars]

This kind of refusal is very normal from countires like Pakistan.

I am also from Pakistan but i did not get the visa on the basis of directive. I got my visa to visit family in Netherlands.

Did u contanct with EU commisioner? I have provided the contact details in above mentioned post.

Where is your marriage registered?

[gokulatti]

I feel the pain and frustration you are in right now, It really breaks my heart to see genuine family being kept apart. I sincerely wish and hope you get it all sorted. Having gone through this personally, I assure you that going to lawyers and maybe courts/ appeals courts just takes so much time. It took almost 2 years for me to get a judgement in my favor although I was inside Europe staying with my partner all that time (Maybe some day I might write about it If I have the time), I can only imagine your anguish right now.

Let me get something out for you so you can make the right decision, Solvit can only try to liaison with the immigration authorities, there words are not binding in any way, It should also be noted that Solvits' role ceases to exist once you proceed judicially, I not sure if this can be said for the EU commission, maybe someone else can pitch in. Tbh, the fastest and real solution right now for you would be come to Europe by any means necessary, once you are here there is really nothing to stop you from being in genuine family life. If I were you, I would even consider a visitor visa to your spouses' country initially and then from there you could go to France together. I know under the law you SHOULD have got the visa to go directly to France but here we are.

EU commission takes weeks to get reply and then expect the same for their communication to their respective bureaucratic channels and vice versa. An appeals process again has I believe 12 weeks to make a decision and a further 4 weeks as an emergency. Trust me, from a person who has been down this road, long story short, Our application started in Feb 2015 (Norway) and to a judicially order in Netherlands (Jan 2017) along with the thousands of euros that we had spent. Your priority right now should be how to stay with family asap, once that is done you can get residence permit in due course. I have seen in other threads that the EU spouses actually traveled the third countries just to accompany their family back to EU with success, maybe is this possible?. In any case, I know you will find the courage and strength for this battle. I wish you the best and never give up, its easy to give up but the best may not be in the easy!

[waqasars]

I agree with you Gokulatti. In my case i traveled to Netherlands which is my wife home Country. Then we traveled to Germany and got the residence card on basis of EU directive within 3 month.
I have already shared my story on this forum.

To get a tourist visa from Pakistan you can choose many ways. Please provide me the following information so i can advise you accordingly.

1. Can you tell me about your travel history
2. What are you doing currently in Pakistan?

[lidia_9]

Thanks both of you.
@waqasars i have been living in uk for 5 years previously and no travel bans no deportation previously. Actually i started with visiter visa last year in her home country at that time we weren't married legally (only religious marriage) anyway her home country refused my visa even i had invitation i had financials there was my daughter.... after that we register our marriage in pak and poland as well. All of certificates properly attested legalised from both of our countries but still here we are.... I don't think reapplying to any other schengen country even as visitor will help bcz they gonna see that previous refusal and specially the reason of this last refusal.

[lidia_9]

@gokulatti
I cant see a way to get a visit visa after this, thanks for advise but i dont think they let you board the plane even if you traveling together? Can you shed more light on this one?

[gokulatti]

given your ties to UK, why not apply a visitor visa to UK to see friends and then then wife could come to meet you up there and take the travel by eurostar and apply for a visa at the border itself at calais, france?. I would even consider russia->and then by land to sweden/norway/finland/baltics, turkey-greece. I don't think your own pakistan immigration will let you board an international flight without visa let alone an airline carrier, maybe if you do give them an undertaking that if you don't get entry that you will bear all the costs?

I am just rumbling ideas from the top of my head.

[lidia_9]

@gokulatti
Thank you for kind words, can we discuss appeal process? Will it be helpful? Lawyer said it can take 45 to 90 days n i have record of living together with my wife in uk utility bills on same address, change of her surname to my surname and our daughter... appeal can be strong if judge is neutral? Isnt it?

[gokulatti]

@gokulatti
Thank you for kind words, can we discuss appeal process? Will it be helpful? Lawyer said it can take 45 to 90 days n i have record of living together with my wife in uk utility bills on same address, change of her surname to my surname and our daughter... appeal can be strong if judge is neutral? Isnt it?

Judicial process most certainly will be successful but the point is that it takes a long time and money. I can't say for france but for netherlands, we had to first appeal the rejection (we did it by lawyer itself, took 4 months, negative) and then first court along with preliminary injunction (took 3 months for the hearing and then 20 days for the judgement, positive but ind decided to go to appeals court) and then finally appeals court decision, positive came in 4 months and ind decided to not appeal and was ordered to pay back the costs of court fee+lawyer fee. It should be noted that we didn't get all our lawyer fee but only the threshold amount fixed by the courts which is usually way less than what you would have spent.

As a directive family member of a EU spouse, your only document needed is a legalized marriage certificate and passport. Utility bills and others are irrelevant. I am surprised that give a rejection on the basis of marriage of convenience. I think you should read this http://ec.europa.eu/justice/citizen/fil ... 284_en.pdf and especially from section 3.1 onwards, about the childs rights etc. have you considered an appeals process with bombardment of proofs to overwhelm them about their inability to see genuine relationships of spouses and their child.

[waqasars]

gokulatti has a practical experience of appealing process. So he can better advise on this. I have been refused Schengen visa for 5 times and after that i got the Schengen visa for the 4 times.

I never used directive to get visa. What you can do you can also apply visitor visa for Sweden or Netherlands to attend a conference.

I dont think so previous refusal has impact on future visa application. You can see my case i have been refused for 5 times from different schengen countries.

You have a good travel history for UK. Whenever you apply for a visa always write a cover letter with you application its always help.

[lidia_9]

@waqasars that must me a hell of task for you while applying 5 times and not losing hope. @gokulatti you are right bro i have considered this and have hired a lawyer too now i am going for appeal. Speedy process of appeal takes around 8 to 12 weeks according to lawyer.
They accused me of such nonsense and this refusal will affect on future applications so you see i have to go for appeal.

[waqasars]

I wish you best of luck. Keep us updated with appeal process.

[gokulatti]

I feel you have made the right decision. I hope everything is sorted out and you get your life back with wife and child. Good luck

[lidia_9]

Hello everyone,
Just an update on my case, I appealed to appeals board in france against refusal and they denied appeal stating reason - incomplete tourist visa file bcz of no travel insurance and no hotel reservations!
I cant believe this is true!!! Guys we are talking about eu directive here and we are getting reply for tourist application, travel insurance and hotel have nothing to do with this directive, especially when you apply for first three months, three months are completely unconditional according to article 6 of directive.
Well, what can i say. Here we are! My lawyer is going to appeal in court now and that is the last appealing way.
What do you think guys! Any other thing we can do to get a positive answer! I am now getting scared of dead end on this way of appeal.
Guys your suggestions and help ? Appreciate that

[Fazalkhan]

Hi. I am a British national my wife is in Pakistan she apply for spain schengen EU visa.
The application take 2 months but we haven't received any response.

Could anyone tell me why its take so long.

Thanks

[FaarzH]

Hello everyone,
Just an update on my case, I appealed to appeals board in france against refusal and they denied appeal stating reason - incomplete tourist visa file bcz of no travel insurance and no hotel reservations!
I cant believe this is true!!! Guys we are talking about eu directive here and we are getting reply for tourist application, travel insurance and hotel have nothing to do with this directive, especially when you apply for first three months, three months are completely unconditional according to article 6 of directive.
Well, what can i say. Here we are! My lawyer is going to appeal in court now and that is the last appealing way.
What do you think guys! Any other thing we can do to get a positive answer! I am now getting scared of dead end on this way of appeal.
Guys your suggestions and help ? Appreciate that

did you get the visa ? lidia ?