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wife and infant swiss tourist visa refused from mumbai

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faislondon
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wife and infant swiss tourist visa refused from mumbai

Post by faislondon » Sun Mar 08, 2015 2:17 pm

Dear All,

I am living in London holding Indian passport and Indefinite Leave to Remain permit in UK.

I have one fll time job and a part time as well with 40 hrs and 20 hrs contract. I had 2 weeks holiday booked so I planned a short trip to Swiss and Paris. I received a Schengen multi entry visa from Swiss embassy London. However when I applied for my wife and daughters tourist visa from Mumbai embassy their refused them twice. I provided all the necessary paper work as per their guidelines including all my documents from London. I have enough funds also currently employed in two separate jobs.
My wife had UK visitors visa refusal twice in 2013. At that time I was on Tier 1 visa and my visa was expiring in two months at the time of her application.

I received my ILR after two months and I went to India to see her. She delivered our baby last year. Since then I didn't apply because she was pregnant and I didn't wanted to bring her on tourist visa. We are planning to apply for dependent visa for UK later this year.

Since I had this holiday I planned this trip to Europe. To my horror their visa is refused. First time reason was I have not given enough justification for the purposes of trip and they won't return back after visa expiry. Second time they removed the first point and kept the second point on the refusal letter.
I am really confused why they are doing this. I am a UK resident and a genuine person why would thy won't return to India from Europe if I am returning back k to London.

I am now planning to appeal. Can someone kindly please suggest me on this?

Thank you.
Nothing is permanent whatever you have enjoy it :-)

Donutz
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Re: wife and infant swiss tourist visa refused from mumbai

Post by Donutz » Sun Mar 08, 2015 7:56 pm

It is your wife that will have to convince the embassy that she will return, you don't really come into the picture just yet. She will have to show ties with India such as a job/study, children to take care of, property (house, car etc.) and anything else that binds her to India and shows she has several reasons and intentions to return. A return ticket reservation is already one piece of evidence but depending on the embassy they can be very difficult on this (especially the French and Belgiums as far as I can tell are a bit too eager refusing for fearing the person will not return home in time). Previous visa denials to (western) countries don't help a case either, even though each application should be judged on it's own merrits. Perhaps the embassy also took into account that you were already in Europa and added that as a negative factor "she might wish to stay with her husband" . Ofcourse it would be very stupid to go and overstay a visa and becomming an illegal, besides hard evidence of ties to India you may also wish to cover this in your appeal: you and your wife don't want to endanger your future tourist (her) or work (you) visas so you most certainly would not risk overstaying!

You may wish to consult a lawyer to assist with the appeal, if her income is low enough they might be able to assist at a small fee on Pro Bono (Pro Deo) basis?

ban.s
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Re: wife and infant swiss tourist visa refused from mumbai

Post by ban.s » Mon Mar 09, 2015 5:21 pm

to avoid ambiguity, can you list down the documents you submitted for your wife and infant?

faislondon
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Re: wife and infant swiss tourist visa refused from mumbai

Post by faislondon » Tue Mar 10, 2015 10:01 pm

Dear Ban S,

I have good income in London which I have already proved on my bank statements and payslips. Also I have a permanent resident in UK. I have all the eligibility requirements to apply my wife and daughter's dependent visa for UK which I will do later this year. I have explained to them that there is no point going to Europe for me and my family to visit them and overstay there when I can bring them on permanent visa to UK. Please see the below list of documents:

My passport & their passports
My UK residence visa
My payslips for 3 months
My UK bank statements for 3 months
My Indian bank statements joint account with my wife
My daughters savings acc to show tie up in India
My property papers from India which is taken care by my wife
Our marriage certificate
Daughters birth certificate
Marriage photographs
KET test certificate of my wife(English language requirement for UK dependent visa).
My employers holiday approval letter from both the employers with return to work dates on it.
Return tickets for all of us
Hotel bookings
Their passport photo
Her covering letter
My covering letter great detailed.

Also I explained to them that UK dependent visa can be only applied from the country which is a resident country of the applicant which is India in my wife's case.
Previous UK visitor visa is irrelevant because that was due to my UK visa expiry. But now situation is different for us
I would really appreciate if you could please guide me on this. I have asked my travel agent to file an appeal. I have prepared a letter explaining to the higher authority which is in Switzerland.

Please help.
Nothing is permanent whatever you have enjoy it :-)

ban.s
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Re: wife and infant swiss tourist visa refused from mumbai

Post by ban.s » Wed Mar 11, 2015 10:35 am

unfortunately it doesn't work that way for schengen visa.
faislondon wrote: Return tickets for all of us
not sure your specific travel plans or the details you submitted - but

a) if your wife and child are planning to travel with you via UK (i.e. travel to switzerland from UK and then returning back to UK), then they need to have their UK visas first before schengen is applied.

property, KET, ties with India are not much relevant here.

b) if wife and child are directly travelling to switzerland/schengen area and you are joining them there, then there is no need to show UK visa but they need to submit travel tickets confirming travel from/to India.

Donutz
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Re: wife and infant swiss tourist visa refused from mumbai

Post by Donutz » Wed Mar 11, 2015 5:37 pm

The embassy should see some evidence that the EU national and the non EU family members will be together or join eachother in Switserland. This could be any evidence ranging from a written statement by the EU national to whatever you may have at hand (reservations of a flight or hotel etc.). Stricly speaking hotel or flight reservations are not required (the questions with a * on the applicationform can be skipped) but if you already have them and they add to your case (of being/joining eachother), simply include them.

ban.s
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Re: wife and infant swiss tourist visa refused from mumbai

Post by ban.s » Wed Mar 11, 2015 7:59 pm

op in not an eu national so eu directives are not applicable here. it's normal schengen tourist visa.

Donutz
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Re: wife and infant swiss tourist visa refused from mumbai

Post by Donutz » Wed Mar 11, 2015 9:15 pm

My mistake, I didn't realize (forgot) that it was a regular application and should have (re)read the entire thread again. :oops: Thanks ban.s

faislondon
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Re: wife and infant swiss tourist visa refused from mumbai

Post by faislondon » Fri Mar 20, 2015 1:27 am

Hi,

As I explained before they will be returning back to India and will apply later for Uk spouse visa. This was just a holiday for us. I am not planning to bring my family via any illegal route. I am already settled in UK.
Nothing is permanent whatever you have enjoy it :-)

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