GERMANY VISA UNDER EU FREE MOVEMENT REAL HELP NEEDED

[khanmzk]

@obie thanks alot again for your endless help.could you please help me with any refrence cases that i can mention while making an appeal..

[khanmzk]

@Obie any refrence case that i can use?

[khanmzk]

i tried my best to translate the refusal reason this is what i got

A family and economic ties with the country land has not been established in their case, they indicated during the application of wanting to move permanently Germany and appointed as a husband
Irish nationals to your right of free movement after the FreizügG / EU
they have not submitted a legalized marriage certificate and apply
a visit visa your wife keep your reportedly visited, in Pakistan and was not berufsätig.
It is your free, after a successful take up residence in your wife
Germany and the submission of a legalized marriage certificate as proof of an existing marriage apply for reunification with your
einyureichen wife on the basis of the right to free movement EU

[khanmzk]

and this what they send me in german language anyone who knows german lanuguage kindly help

Eine familiäre und wirtschafliche verwuryelung im heimatland wurde in Ihrem fall nicht nachgewiesen sie gaben bei der antragstellung an,dauerhaft deutschland übersiedeln zu wollen und berufen sich als ehemann einer
irischen staatsangehörigen auf Ihr freizügigkeitsrecht nach dem freizügG/EU

sie haben keine legalisierte heiratsurkunde vorgelegt und beantragen
ein besuchsvisum Ihre ehefrau halte sich Ihren angaben zufolge besuchsweise in pakistan auf und sei nicht berufsätig.
es steht Ihren frei, nach einer erfolgten wohnsitznahme Ihrer ehefrau in
deutschland und der vorlage einer legalisierten heiratsurkunde als nachweis einer bestehenden ehe einen antrag auf nachzug zu Ihrer
ehefrau auf der grundlage des freizügigkeitsrechts eu einyureichen

[khanmzk]

i found a good translator and found this translation likely to be more accurate

A family and ecomic ties with the country land has not been established in their case they indicated during the application of wanting to move permanently germany settle over wanting
and called as the husband of irish nationals on her freedom of movement rights after the freizügg/eu(german word)
they have submitted no legal marriage certificate and apply for a visit visa your wife keep is your stated that visiting in pakistan and was not professional saetig.
you are free after a recent residence of your wife in germany and the template of a legalized marriage certificate as proof an existing before a wife on the basis of the eu of right of free movement of persons to submit

holy crapppppppppppppppppppppppp.............................................................

[mgb]

This is the key point:
sie haben keine legalisierte heiratsurkunde vorgelegt
You have not presented a certified marriage certificate

You didn't prove that you are a familiy member of a EU citizen. That is it.

[khanmzk]

well i have provided them my UK islamic Marriage certificate attested from notray public UK and attested from foreign commonwealth office UK and also attested by pakistani embassy in London MOREOVER i have submitted my pakistani nikah nama from my local union council attested by local secretary attested by foreign office MOFA pakistan and also my Nadra computrize nikah nama...

[mgb]

Did you provide approved translations in german or english?
If yes you should do a appeal and refer to the fact that your marriage certificate is legalized. Beside that you should refer to visa handbook C(2010)1620 Part III SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY MEMBERS OF EU CITIZENS OR SWISS CITIZENS.
http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

[khanmzk]

@mbg do you have a link for german immigration act? if yes then could you please provide me..thanks

[mgb]

http://www.gesetze-im-internet.de/freiz_gg_eu_2004/

Law about general freedom of movement for EU citizens

[khanmzk]

This is the translation done by a proffesional

Remarks:
An adequate family and economic ties with the country of origin has
not been established in your case. They gave during the application
process that they wanted to permanently move to Germany and called
himself as a husband of Irish national as your right of free movement
after the Freizüg G / EU. (Law on general freedom of movement of EU
citizens)

You have not submitted legalized marriage certificate and apply for a
temporary resident visa. Your wife thinks your claims to visit, in
Pakistan, and was not working. You are free to submit an application
to join your wife, on the basis of the right to free movement EU,
after a successful take up residence by your wife in Germany and the
submission of a legalized marriage certificate as proof of marriage.

if they think my marriage certificate is not legalized how can they give me a advice
that if my wife get the resident in Germany then i will be able to give them a legalized marriage certificate
how can i get another marriage certificate while my wife is in germany our marriage is already registered in pakistan so it means they do not accept pakistani marriage certificate and also they do not accept hauge appostile???.really confused...

anybody droop a comment...

[mgb]

Simply do the steps which I recommended above.
Point to the visa handbook.
A EU citizen doesn't have to settle in a guest country to join a family member and execute his right of free movement and stay for 90 days in a 180 days period without preconditions.

[ALKB]

This is the translation done by a proffesional

Remarks:
An adequate family and economic ties with the country of origin has
not been established in your case. They gave during the application
process that they wanted to permanently move to Germany and called
himself as a husband of Irish national as your right of free movement
after the Freizüg G / EU. (Law on general freedom of movement of EU
citizens)

You have not submitted legalized marriage certificate and apply for a
temporary resident visa. Your wife thinks your claims to visit, in
Pakistan, and was not working. You are free to submit an application
to join your wife, on the basis of the right to free movement EU,
after a successful take up residence by your wife in Germany and the
submission of a legalized marriage certificate as proof of marriage.

if they think my marriage certificate is not legalized how can they give me a advice
that if my wife get the resident in Germany then i will be able to give them a legalized marriage certificate
how can i get another marriage certificate while my wife is in germany our marriage is already registered in pakistan so it means they do not accept pakistani marriage certificate and also they do not accept hauge appostile???.really confused...

anybody droop a comment...

This is a very poor translation, if it was done by a professional translator for German, don't use their services again.

They are basically saying that they can only accept a legalised marriage certificate, so you will have to have it legalised by the relevant authority and re-apply.

I seem to remember that you submitted a Nikkah from UK as well as a Pakistan marriage cerificate?

Most mosques in the UK are not licensed to perform legal marriages, so submitting a legally irrelevant document may only confuse things further.

[khanmzk]

First Of all sorry for the late reply i was away i have submitted the appeal on 08 feb lets see how long they
will take to reply me and also @ALKB its not the fact that most of the mosques are not allowed to perfrom a
marriage or not UK law does not consider it as a marriage and also if you go to my previous posts i have explained that how i legalized my documents but with due respect for your kind info i will explain here again.

1.UK ISLAMIC MARRIAGE CERTIFICATE BY A RECONGNIZED ISLAMIC CENTER.
2.ATTESTED BY NOTARY PUBLIC UK SIGNED BY MY SOLICITOR.
3.UK MARRIAGE CERTIFICATE LEGALIZED BY FCO UK APPOSTILE MADE.(FOREIGN COMMON WEALTH OFFICE LONDON)
4.UK MARRIAGE CERTIFICATE ATTESTED BY PAKISTANI EMBASY IN LONDON.
5.PAKISTANI NIKAH NAMA REGISTERED IN LOCAL UNION COUNCIL.
6.ATTESTED BY LOCAL SECERTARY .
7.ATTESTED BY MOFA PAKISTAN.(MINISTRY OF FOREIGN AFFARIS)
8.ATTESTED NADRA COMPUTIRIZED NIKAH NAMA.
9.Marital status updated in my national id card to married.
10.FRC made by Nadra
11.POC issued to my wife by nadra (national database authoriy)

am i missing anything? kindly guide.

[waqasars]

@Khanmzk I am sorry to hear about rejection. Have you appealed against this decision? Did you contact with solvit?

[waqasars]

@ Khanmazk I am sorry i just read the complete story now. Is there any reply on your appeal?

[khanmzk]

so i just got a reply of my appeal yesterday which is rejected aswell which was understood .and secondly waqasars bro sorry i was away and busy so cant post on the forum.thanks alot for your interest in my problem.
following are the allegations they put on me but none of them make me frustrated becuase i know pakistan is the country which is been blocked my some EU countries to control economic migrants.

REASONS

1.I was deported from UK becuase i can be or maybe a threat to security.
Note: i was deported while i was fighting my case for discretionary leave to remain i have no such criminal record in UK or any where in the world not even a traffic penalty.

2.Irish embassy reject my visa becuase i never got my pakistani marriage certificate attested by british embassy in pakisatn (Germans are not fools but they are acting like they really are british embassy in pakistan
cannot attest any documents issued by Pakistani authorities MOFA pakistan has only rights to do that)

3.My wife left UK to Pakistan becuase she was not financially stable to Sponser me (my wife was working in 2 diffrent jobs when she left UK almost 1 YEAR AGO to pakistan to live with me togather thats why she left everything behind)

4.My wife is a permanent Pakistani resident and holds Pakistani ID card and she left UK by her own choice.
and living with me in Pakistan for over a year know.

5.During your application you stated that your wife want to excersie her treaty rights to find a job so both of you can enter the EU easily to jump all the immigration proceduers (hahahhahahhahahah waooo)
they completley destroyed EU FREE MOVEMENT when i was reading it for the first time the first thought
came to my mind was EUROPEAN BUREAUCRACY AT ITS BEST )

6.your purpose to visit Germany was not clear.

7.Therefore we advise you to apply for a family reunification not a tourist visa.

8.Requirements are that your wife have to secure a job and a residence in germany first so she can sponsor you to germany.

DEAR GURUS WHATS NEXT STEP AS THE LETTER SAYS THAT I CAN APPEAL THIS DECISION IN BERLIN COURT
WITHIN 1 MONTH WHAT WILL BE THE PROCEDURE ?
becuase it dosent matter where in the world me and my wife live.but we will fight till the end with this bureaucratic EU system.

[mgb]

They are talking about a tourist visa. It looks like you applied for a tourist visa and in such a case a appeal to the court in Berlin makes no sense.
You should apply for a visa for a family member of a eu citizen and your marriage certificate should be legalized. Beside that a declaration in writing from your spouse about that you will accompany her to Germany would be not bad.

[waqasars]

@khanmzk Brother they are abusing the law. You should go for appeal in court. They rejected your appeal and highlighted many points which were not related to your application.

In the past my visa application was approved by belgium and later on they rejected and the reason was security threat. This kind of refusal is normal for citizen from several countires like Pakistan.

You should also contact with solvit Uk.

I advise you, apply the visa for Netherlands. They have good success ratio from Pakistan.

[ogungbemi12]

Hi I have been following your story we are about to apply for a visa can you tell us more on why you got deported and can't you just get them to attest your marriage document because I believe that's the reason they will not let you into Ireland.

[khanmzk]

first of all waqasars brother thanks alot my brother to reply on my post i appreciate your interest.and also how your life is going in Netherlands? i hope you doing good over there.secondly@mgb kindly read all myolder
posts all the documents are super legalized.so there is no other authority that is left to legalize my documents
let me explain this for the final time i hope you pay attention this time.so we will not waste our precious time
explaning this to each other again and again.
1.Pakistani nikah nama(marriage certificate) attested from local union council and registered in there
2.Attested by local secertary.
3.Attested by nikah registrar.
4.Attested by MOFA(ministry of foreign affairs)
5.NADRA ISSUED FRC
6.NADRA UPDATED MY MARTIAL STATUS TO MARRIED.
7.NADRA ISSUED POC TO MY WIFE
8.COMPUTRIZE NADRA MARRIAGE CERTIFICATE ISSUED AND ATTESTED
9.MY UK MARRIAGE CERTICATE ATTESTED BY FCO UK
10.HAUGE APPOSTILE MADE
11.ATTESTED BY PAKISTANI EMBASSY IN UK.
@MR MGB LET ME KNOW IF I AM MISSING SOMETHING KINDLY EXPLAIN THE WAY OF LEGALIZATION YOU MENTIONED PLEASE
@waqasars brother inbox me your contact so we can discuss few things if you dont mind.i guess i have your contact but i lost it or it got deleted from my inbox which you send me few months back.

AND @ogungbemi12 all the details are in my previous posts.please go through them.

[ogungbemi12]

So what is your next move because I think Ireland would be good for you. Can you not do anything about the marriage certificate and get a good solicitor?

[mgb]

@khanmzk
Sorry I have no clue about the law in Pakistan. If you say your marriage certificate is valid and legalised the german embassy should accept it.
If I were you I would start a new visa application.
If you marked Tourism at field 21 in the visa application form they have their lame excuse.
A appeal in court would take 6 to 9 month. You would need a german lawyer in Berlin and you have to pay the lawyer in advance (deposit).
I guess it is a better idea to start a new waterproof visa application with all necessary documents.

[khanmzk]

@MGB your advise does make sense to me but i thought it free to go for the appeal.?? what is the process
could you please elaborate a little more..i hope you understand many thanks.

[mgb]

If you go to court in Germany it is comparable with a judical review in UK.