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Turned down for Schenegen what next?

Immigration to European countries, don't post UK or Ireland related topics!

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weetabix
Newly Registered
Posts: 13
Joined: Sat Nov 05, 2011 11:35 am

Turned down for Schenegen what next?

Post by weetabix » Sat Jul 14, 2012 4:55 pm

Hello,
I am British citizen with Chinese wife. Whilst we were both in Uk we applied for a Schengen visa and were turned down. We complained to solve it and months later were told they could do nothing as our circumstances had changed as we had moved to Saudi Arabia. Now we still want to go to Europe, so how can I get a review of the original refusal? Also will this effect other applications for aSchenegen visa for other countries in EU?

Regards

Weetabix

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Sat Jul 14, 2012 5:41 pm

Yes, its a trick that Solvit play, they ignore you for months, then
say the case is being closed.

Getting to the Embassy matter.
Its good point to start with Law.

By Law they must complete a form (see Visa code Annex VI )
which details the reasons for rejection and procedure for appeal.
Did they do this ? if not, this is good as it means lawful procedure has
not being followed.

Schengen Visa Code
http://eur-lex.europa.eu/LexUriServ/Lex ... 058:EN:PDF
Article 32
Refusal of a visa
:
:
2. A decision on refusal and the reasons on which it is based
shall be notified to the applicant by means of the standard form
set out in Annex VI.

:
:
Schengen Visa Code wrote: Article 32
Refusal of a visa
1. Without prejudice to Article 25(1), a visa shall be refused:
(a) if the applicant:
(i) presents a travel document which is false, counterfeit
or forged;
(ii) does not provide justification for the purpose and
conditions of the intended stay;
(iii) does not provide proof of sufficient means of
subsistence, both for the duration of the intended
stay and for the return to his country of origin or
residence, or for the transit to a third country into
which he is certain to be admitted, or is not in a
position to acquire such means lawfully;
(iv) has already stayed for three months during the current
six-month period on the territory of the Member States
on the basis of a uniform visa or a visa with limited
territorial validity;
(v) is a person for whom an alert has been issued in the
SIS for the purpose of refusing entry;
(vi) is considered to be a threat to public policy, internal
security or public health as defined in Article 2(19) of
the Schengen Borders Code or to the international
relations of any of the Member States, in particular
where an alert has been issued in Member States’
national databases for the purpose of refusing entry
on the same grounds; or
(vii) does not provide proof of holding adequate and valid
travel medical insurance, where applicable;
or
(b) if there are reasonable doubts as to the authenticity of the
supporting documents submitted by the applicant or the
veracity of their contents, the reliability of the statements
made by the applicant or his intention to leave the territory
of the Member States before the expiry of the visa applied
for.
2. A decision on refusal and the reasons on which it is based
shall be notified to the applicant by means of the standard form
set out in Annex VI.
3. Applicants who have been refused a visa shall have the
right to appeal. Appeals shall be conducted against the Member
State that has taken the final decision on the application and in
accordance with the national law of that Member State. Member
States shall provide applicants with information regarding the
procedure to be followed in the event of an appeal, as specified
in Annex VI.
4. In the cases referred to in Article 8(2), the consulate of the
representing Member State shall inform the applicant of the
decision taken by the represented Member State.
5. Information on a refused visa shall be entered into the VIS
in accordance with Article 12 of the VIS Regulation.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Turned down for Schenegen what next?

Post by cs95tdg » Sat Jul 14, 2012 7:41 pm

weetabix wrote:Hello,
I am British citizen with Chinese wife. Whilst we were both in Uk we applied for a Schengen visa and were turned down. We complained to solve it and months later were told they could do nothing as our circumstances had changed as we had moved to Saudi Arabia. Now we still want to go to Europe, so how can I get a review of the original refusal? Also will this effect other applications for aSchenegen visa for other countries in EU?
Do you know what the grounds for the original refusal were? Or is that one of the points you are attempting to find out as part of the review?
Whether or not this refusal will negatively affect any subsequent Schengen visa applications will really depend on the reason for the original refusal.

SRAQAI
Member
Posts: 193
Joined: Thu Jul 07, 2011 9:33 pm

Post by SRAQAI » Tue Jul 24, 2012 1:59 am

Moderator EDIT (ca.funke): Real name of caseworker removed.

Although I can't help here, I am in a similar situation being refused under 2004/38 directive for my husband. I want to say that UK Solvit, Ms. (...) is useless. No point in contacting her. She is a one man band who tries to find ways that you are not eligible and in fact tries to prove you have no rights under these directive,s through misinterpretation. She has not versed at all in EU law and she even tried to prove that me, as a citizen of the UK needed a visa to France!!

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Jul 28, 2012 2:16 am

weetabix, Which embassy did you apply to? And why was the application refused?

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