ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

France: Student Spouse Visa Refused (URGENT)

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
networkers
Member of Standing
Posts: 352
Joined: Fri Jan 30, 2009 4:11 pm
Location: United Kingdom
Mood:
United Kingdom

France: Student Spouse Visa Refused (URGENT)

Post by networkers » Mon Aug 01, 2011 3:49 pm

Hi All,
I need your help for student spouse visa of France which has been refused last week, the refusal letter states as follows
The Decision is based on the following grounds:
In view of the article 32 of the Visa Rules of the Community and L.211-2 of CESEDA.

2. The Purpose and the conditions of the proposed visit have not been justified.

8. The information communicated in order to justify the purpose and conditions of the proposed stay is not reliable.


The visa application was submitted from Pakistan and both husband and wife are Pakistani Passport holder. Right to appeal against the decision has been granted, but need help to understand why it is rejected and what will be the best way to move forward.... appeal against the decision or applying for a fresh case.
Please help urgently.....
Regards,
Networkers

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Aug 01, 2011 4:05 pm

Article 32 of the Visa Code just broadly lists why a visa can be refused. L.211-2 of CESEDA appears to be about language skills and "values" of the Republique but I do not speak French.

networkers
Member of Standing
Posts: 352
Joined: Fri Jan 30, 2009 4:11 pm
Location: United Kingdom
Mood:
United Kingdom

Clueless - Need help!

Post by networkers » Mon Aug 01, 2011 11:01 pm

Thanks for your response 86ti, here is the translation of L.211-2
I am clueless at the moment as I don't understand what they need for the justification of the purpose of visit and when I can't understand the justification how can I solve the second issue about the information communicated to justify the purpose!

Article L211-2 Learn more about this article ...
Amended by Law n ° 2011-672 of June 16, 2011 - art. 34
Notwithstanding the provisions of Law No. 79-587 of 11 July 1979 on the motivation of administrative acts and to improve relations between the administration and the public, decisions to refuse a visa to enter France, taken by the diplomatic or consular authorities, are not justified except in cases where the visa is refused to a foreigner belonging to one of the following categories and subject to considerations of state security:

1 Family members of nationals of Member States of the European Union and other States Parties to the Agreement on the European Economic Area who are not nationals of one of these states, in categories defined by Order in Council of State;

2 Spouses, children under twenty-one years or dependent ascendants of French nationals and partners related to a French national with a civil partnership;

3 Minors who have been, abroad, a decision of full adoption for the benefit of persons holding a license issued for adoption by the French authorities;

4 Recipients permission for family reunification;

5 ° Workers authorized to engage in paid employment in France;

6 Person subject to an alert for refusing entry to the Schengen Information System;

7 ° Persons mentioned in 3, 4, 5, 6, 7 and 8 of Article L. 314-11.

Article L211-2-1 Learn more about this article ...
Amended by Act No. 2007-1631 of November 20, 2007 - art. 10 Official Journal of 21 November 2007
The application for a visa for a stay of longer than three months gives rise to the issue by diplomatic and consular authorities of a receipt showing the date of filing the application.

Subject to international agreements, to enable him to prepare his republican integration into French society, the joint French under the age of sixty-five years has, in the country where he is applying for a visa, an assessment of the degree of knowledge of the language and values ​​of the Republic. If this assessment identifies the need, the authorities mentioned in the first organized for the benefit of the person in the country where he is applying for a visa, a training period not exceeding two months, after which he the re-evaluation of his knowledge of the language and values ​​of the Republic. The visa is subject to the production of a certificate tracking training. This certificate is issued immediately after training. A decree in Conseil d'Etat determines the conditions of application of these provisions, including the maximum time in which the evaluation and training should be offered, the content of the assessment and training, the minimum number of hours that training should count as legitimate reasons for which the alien may be excused.

When the visa application is made by a foreigner whose spouse is a French national established outside France wants to establish habitual residence in France for professional reasons, the provisions of the second paragraph does not apply, unless the marriage was celebrated in abroad by a foreign authority and has not been transcribed.

In addition to cases mentioned in the second paragraph, the visa for a stay of longer than three months can not be denied to a French joint in cases of fraud, annulment of marriage or a threat to public order .

The diplomatic and consular authorities are required to rule on the application of long-stay visa formed by the joint French as soon as possible.

When the demand for long-stay visa is from a stranger entered regularly in France, married in France with a French national and that the applicant lived in France for over six months with her husband, the demand for long-stay visa is presented to the administrative authority responsible for issuing a residence permit.

Under conditions defined by decree in Council of State, in derogation of Article L. 311-1, the visa issued for a stay of longer than three months to the spouse of a French citizen gives the holder the rights attached to the temporary residence permit under Article 4 of L. 313-11 for a period of one year.

Article L211-2-2 Learn more about this article ...
Created by Law n ° 2010-769 of July 9, 2010 - art. 14
An entry visa is issued by the French consular authorities in the foreign national receiving a residence permit in France under articles L. L. 313-11 or 431-2 whose spouse has, during a stay abroad, stolen identity documents and residence permits.

Locked