Spouse Schengen visa denied

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Spouse Schengen visa denied

Postby Naydam » Sat Jan 07, 2017 8:04 pm

Hi Charmender,

I noted you stated yo had a lawyer.. Did your lawyer facilitate communications with the EU commission or foreign ministry? Am also going through the same thing. German embassy denied my husband his visa and denied every receiving an appeal letter. I contacted their foreign ministry and a lady emailed us saying he was right to apply and then stated the consulate in Lagos has been contacted. Nothing more. I called the lady at the Foreign ministry and she stated my husband "applied for the wrong visa". I was shocked! He applied for the visa and didn't pay a fee and stated clearly he's excising his rights. I have contacted the EU commission and contacted the commissioner and many members of his team and I haven't gotten a response as of yet. I'll need to know if anyone here have a link to any good lawyer that can take my case up? The ones I've contacted so far seem not to have any clue. Am specifically looking for a lawyer who understands the Directive and who can fight for my case with the European commission and the German ministry of Foreign Affairs. Am Swedish but my husband is Nigerian. Visa was denied at German embassy Lagos. The reason for denial is they are not sure he'll leave Germany at the end of his trip. Am ready to take this to any length and fight for my rights. Getting a lawyer is first on my agenda but I need a good one who can take my case up. The EU embassies in Africa are known to violate this directive but I won't give in on this one.
charmender wrote:Final update

My husbands visa was finally granted.

In the end it was all down to the work of the European Commission. I had a lawyer, I contacted Solvit, I contacted the Ministry of Foreign Affairs, I went through the appeals process. But in the end only the European Commission's investigation brought us to this point.

The Consulate was willing to reopen my husbands original application to change the decision however since we also lost the appeal they couldn't do it. It was amazing how much their tune had changed once they got the Commission's letter. Ever so friendly. We did have to provide our documents again and they requested plane reservation tickets showing that we would travel together. They are allowed to request this despite what other people might advise here because they are allowed to ask for evidence showing we will travel together. To be honest you are better off showing as much documents as you can to avoid anything like this even though you do not have to.

I would advise anyone who goes through something like this to please not rely on Solvit. They were an absolute waste of time for me. Also know that you should appeal but the appeals system is a joke, we waited 3 months for them to reply to us and they didn't change the decision. As soon as you can lodge your complaint with the European Commission, Migration and Home Affairs, B2 Visa Policy Unit. Basically if the Ministry of Foreign Affairs, along with the Consulate doesn't give a satisfactory answer about why they denied you your rights, the Commission can take them to court. This can take up to 2 years. However, the possibility of this clearly scares those who made the decision which is why in my case they did what they could to accommodate us.

Unfortunately the only thing is that even though we won in the end we waited a really long time. We applied back in March and now this is August. There really is no way of speeding it up no matter how hard you try. We wanted to give up so many times but I am so glad that we fought for our rights in the end no matter how stressful it was.
Naydam
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Re: Spouse Schengen visa denied

Postby mgb » Sun Jan 08, 2017 11:41 pm

Do a google search with Berlin Anwalt 2004/38.
The court for administrative law in Berlin is responsible for denied visas.
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Re: Spouse Schengen visa denied

Postby Naydam » Mon Jan 09, 2017 12:52 am

Hi

Most of the pages are written in German. Kinda hard to know who to contact.
mgb wrote:Do a google search with Berlin Anwalt 2004/38.
The court for administrative law in Berlin is responsible for denied visas.
Naydam
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Re: Spouse Schengen visa denied

Postby Naydam » Mon Jan 09, 2017 2:02 am

Hi

They wouldn't let me check my inbox.. Says am not authorized because am a new user. Any ideas on how to unlock that?
Naydam wrote:Hi

Most of the pages are written in German. Kinda hard to know who to contact.
mgb wrote:Do a google search with Berlin Anwalt 2004/38.
The court for administrative law in Berlin is responsible for denied visas.
Naydam
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Re: Spouse Schengen visa denied

Postby mgb » Mon Jan 09, 2017 2:33 am

Try a google search with Berlin lawyer family member eu.
On the first 3 pages are 4 or 5.
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Re: Spouse Schengen visa denied

Postby noajthan » Mon Jan 09, 2017 9:01 am

Migration is a journey not a destination. When I despair, I remember that all through history the ways of truth and love have always won. E&OE.
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Re: Spouse Schengen visa denied

Postby Naydam » Tue Jan 10, 2017 9:32 pm

So here's the latest update. Solvit assigned to us a Swedish lady who has been helpful so far.. They'll be contacting both Greece and German embassy in Nigeria on our behalf. Just to make it clear, we has been married 2 years.. Applied to go to Sweden and of course they denied his visa then 3 months later applied quoting the directive to the German consulate and even though they didn't take any visa fee because they understood the directive they also denied his visa. The only reason the German stated for the refusal was because my husband fly around alot and spend time outside of his home country(Nigeria) due to business activities then he should apply in the particular country he spends more time instead. We weren't aware someone could help us and due to busy schedule we moved on with life. This happened in 2015..We have since been to non schengen European countries and many Asian and African countries on vacation and business. One year later (December 2016) this time we applied at the Greece embassy Abuja and submitted his bank statement with a balance of over 20K euros, paid for the hotel in Mykonos for 2,280 euros and even paid 500 euros for car rental via Avis. Upon getting to the embassy the military attache was the one taking finger prints! Really weird yeah? So my husband told him he's excising his rights but the dude had no clue what that means and told him he has to pay regardless even though our itinerary shows my name on every single page and he supplied my passport and personbeviss (Swedish population register) showing we are married and registered as married in Sweden. On the application form he had also filled all my details. After 2 weeks I went personally to pick up his passport.. Met with the consular officer who acted as if he's busy with his computer and was smoking right in front of me in the consular office (This particular greek officer has no manners) He was like you know your husband has been denied by Sweden last year so go sort out your issues with Sweden or we won't give him a visa. I was shocked. Checked the paper and the only thing ticked was "the justification or purpose for visitation was not reliable" one thing i noted though was we booked two hotels, one which we submitted wasn't really nice so we upgraded and cancelled that one but notified them through email and showing clear stamped receipt that we have upgraded and booked another hotel.. Anyway our case is currently assigned to someone who at least speaks my language and they have promised to act against both German embassy and Greece. I'll update this forum as things progress.
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Re: Spouse Schengen visa denied

Postby mgb » Wed Jan 11, 2017 9:49 am

The deadline for the german visa has already lapsed. Solvit can only clear the ground for a new application.
The visa application for greece is pending.
Btw. you can download the visa handbook from the eu commision via the site of the greece ministry of foreign affairs.
http://www.mfa.gr/en/visas/schengen-vis ... ments.html
Part III is the important section.
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Re: Spouse Schengen visa denied

Postby Naydam » Wed Jan 11, 2017 1:29 pm

Hi all,

Latest update, this morning I just got a scanned letter from the EU commission on Justice and consumer saying they have taken our case up. The head of the unit was the one who signed the latter and told us basically they will take the case to a national court if the authorities doesn't give a clear answer. I actually emailed virtually everyone on the commissioner team and made sure i lodge complaint with everyone. The letter stated they will be taking action against both German and Greek authorities.


mgb wrote:The deadline for the german visa has already lapsed. Solvit can only clear the ground for a new application.
The visa application for greece is pending.
Btw. you can download the visa handbook from the eu commision via the site of the greece ministry of foreign affairs.
http://www.mfa.gr/en/visas/schengen-vis ... ments.html
Part III is the important section.
Naydam
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Re: Spouse Schengen visa denied

Postby Naydam » Wed Jan 11, 2017 2:23 pm

@mgb since the EU commission will be taking actions I think the Germans will have to find a compromise since my husband has decided never to apply for a schengen visa again unless our rights get recognized.. Even if the Germans tell us to come apply for a new visa we won't till they can issue the visa on the same day on an accelerated procedure. So sad in this part of the world you have to go extreme lengths to get your rights recognized.
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