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Non-Eu spouse schengen visa for germany rejected

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tandos
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Non-Eu spouse schengen visa for germany rejected

Post by tandos » Wed Feb 26, 2020 3:54 pm

Hello, my wife is a german citizen but we live in middle east (abroad eu). We are planning to travel to Germany and i applied for a Schengen visa but I have rejected based on paragraph 8 & 9 by german embassy. my document was completed. I am confused. Is this legal?

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Re: Non-Eu spouse schengen visa for germany rejected

Post by Zerubbabel » Wed Feb 26, 2020 7:09 pm

For the records:
Reason 8:
Justification for the purpose and conditions of the intended stay was not reliable.

Reason 9:
Your intention to leave the territory of the Member States before the expiry of the visa applied for could not be ascertained.
So they believe you don't leave Germany at the end of your visit. What kind of documents did you provide?

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Re: Non-Eu spouse schengen visa for germany rejected

Post by tandos » Wed Feb 26, 2020 7:26 pm

my documents: Visa Application Form+Medical Travel Insurance +hotel booking +Evidence of employment status+Employment contract+Bank account statement+ flight tickets ...
I read europa.eu i need only following documents:

(Your non-EU family member must include the following documents with their visa application:

a valid passport – to prove their identity and nationality
a document proving family ties with the EU citizen (e.g. marriage certificate, birth certificate etc.) and dependency (if required)
proof that the EU citizen is already living in the host country (if they are joining them)
a declaration that the couple will travel together (if the family member will be accompanying the EU citizen)

This list is exhaustive: your non-EU family members cannot be required to produce any other documents to support their application.)
https://europa.eu/youreurope/citizens/t ... ard-doc-no

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Re: Non-Eu spouse schengen visa for germany rejected

Post by Zerubbabel » Wed Feb 26, 2020 8:04 pm

Does your German wife work also?

They seem to believe you are going to Germany to stay. These refusals are unusual for Germany, to be honest. I have seen plenty of cases where partners of German nationals get a multiple entry visa and even for free.

I am just trying to understand what made them feel you are going to Germany to stay not just to visit. Maybe you don't have strong attachments to the country where you currently live?

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Re: Non-Eu spouse schengen visa for germany rejected

Post by tandos » Wed Feb 26, 2020 11:04 pm

No she doesn't work. We had Round-trip ticket. We live in iran. We are married more than 5 years. I don't need to stay germany by this way because I have a job and resident if I want stay in germany I chose another way. And we are planning for two weeks only for holiday. Now my wife is very so sad and she can't go to Germany without me. I write appeal letter 3 weeks ago but ambassy doesn't answer and they are very impolite. Unfortunately the Embassy never answer at all...

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Re: Non-Eu spouse schengen visa for germany rejected

Post by ALKB » Thu Feb 27, 2020 6:37 am

tandos wrote:
Wed Feb 26, 2020 7:26 pm
my documents: Visa Application Form+Medical Travel Insurance +hotel booking +Evidence of employment status+Employment contract+Bank account statement+ flight tickets ...
I read europa.eu i need only following documents:

(Your non-EU family member must include the following documents with their visa application:

a valid passport – to prove their identity and nationality
a document proving family ties with the EU citizen (e.g. marriage certificate, birth certificate etc.) and dependency (if required)
proof that the EU citizen is already living in the host country (if they are joining them)
a declaration that the couple will travel together (if the family member will be accompanying the EU citizen)

This list is exhaustive: your non-EU family members cannot be required to produce any other documents to support their application.)
https://europa.eu/youreurope/citizens/t ... ard-doc-no
The rules you read on europa.eu are for a Schengen visa under EU freedom of movement rules.

Your wife is German and you want to go to Germany, so this does not apply to you. It would apply if you wanted to visit an EU country that she doesn't hold citizenship of.

How elevated is your job in Iran? There is an economic crisis, so Germany might think that your job is not secure/lucrative enough not to stay in Germany with your German wife.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by Zerubbabel » Thu Feb 27, 2020 10:28 am

Do you have kids staying behind?

As with any visitor visa, they want to see strong attachments to Iran.

If:

- your wife doesn't work.
- you don't have kids
- your job is not well paid/very stable
- you don't own a property
- you don't have a travel history

The risk of refusal is high. They look to your profile but they also compare to statistical data they have. If your profile fits within a category where the risk of breach of conditions is high, they usually refuse. If feels unfair indeed but they are not considering your circumstances only but a wider profile of visitors associated with a risk.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by tandos » Thu Feb 27, 2020 5:39 pm

I have an Official job! we don't have any kid. I tried again but I even have rejected from switzerland embassy after I was rejected from Germany. now, how can I get a schengen visa to Travel with my wife? when is better for me to apply again? I appreciate if you can help me.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by ALKB » Thu Feb 27, 2020 8:25 pm

tandos wrote:
Thu Feb 27, 2020 5:39 pm
I have an Official job! we don't have any kid. I tried again but I even have rejected from switzerland embassy after I was rejected from Germany. now, how can I get a schengen visa to Travel with my wife? when is better for me to apply again? I appreciate if you can help me.
Try an EU Embassy and apply under EU rules.

Several visa rejections won't help your case, though.

Your job can be official but if it earns you considerably less than what you could earn in Europe, it may not be considered a strong incentive to go back at the end of your visit.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by tandos » Thu Feb 27, 2020 9:15 pm

so this ruls REGULATION (EC) No 810/2009 and Directive 2004/38/EC not apply for me? I was deceived beacuse I read In the visa application form it's written that Family members of EU, EEA or CH citizens shall not fill in fields no.21, 22, 30, 31 and 32 (marked with*).Fields 1 3 shall be filled in accordance with the data in the travel document. I think they are just paper rules not real rules!!! :roll:

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Re: Non-Eu spouse schengen visa for germany rejected

Post by ALKB » Fri Feb 28, 2020 4:36 am

tandos wrote:
Thu Feb 27, 2020 9:15 pm
so this ruls REGULATION (EC) No 810/2009 and Directive 2004/38/EC not apply for me? I was deceived beacuse I read In the visa application form it's written that Family members of EU, EEA or CH citizens shall not fill in fields no.21, 22, 30, 31 and 32 (marked with*).Fields 1 3 shall be filled in accordance with the data in the travel document. I think they are just paper rules not real rules!!! :roll:
It applies to you in EU countries that your wife does not hold citizenship of.

Switzerland is not an EU country but part of Schengen. I know they (can) treat EU family members slightly different than EU countries would have to in case of applications for long term stays. I am not sure about visa applications for touristic purposes.

What reasons for rejection did the Swiss Embassy state?

You would have probably been better off applying at the Austrian Embassy or maybe the French Embassy.

Is your marriage certificate apostilled?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by Zerubbabel » Fri Feb 28, 2020 8:14 am

Just to clarify for you:

Your wife is German. So when she goes to German authorities, she won't be seen as an EEA citizen, but as a German citizen. In general, an EEA citizen is not seen as an EEA citizen in his own country but only in other EEA countries.

So try to apply for a visa through any other EEA country but you need to really visit it. Don't apply in the French embassy and tell them you are going to Germany. They will ask you to go and apply with Germany.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by tandos » Fri Feb 28, 2020 9:06 am

1. we register our marriage in germany.
2. Embassy of Switzerland rejected me based on paragraph 10 & 13 (10- ...purpose and conditions of intended stay was not reliable. 13. ... doubts as to your intention to leave the territory...)
3. by considering two time rejected that I have, when is beter for me to apply again?

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Re: Non-Eu spouse schengen visa for germany rejected

Post by Zerubbabel » Fri Feb 28, 2020 3:48 pm

Try to document better your links to Iran: job, family, property ownership...

If you just apply with a few payslips and the passport of you non-working wife, they may think you are just trying to leave Iran for good.

Try with an EEA country. Usually there is more leniency on EEA applications.

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Re: Non-Eu spouse schengen visa for germany rejected

Post by tandos » Sat Feb 29, 2020 2:31 pm

Thank you very much...

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Re: Non-Eu spouse schengen visa for germany rejected

Post by ibwe » Sun Mar 01, 2020 10:43 pm

Hi,
I am sorry that this has happened to you. It seems to me that the first application was done as an application for Schengen visa and not as national visa. The second application to Swiss authorities should have been a 'slam dunk' but then again it did not go through.
Yours is one of the few cases of visa rejection of family members of EU/EEA citizens. Regardless of whether your wife is working or not, there is no requirements to fulfill this nor your working status in Iran (that is if you apply to other Schengen states that your spouse is not a citizen). You might take this up and appeal, specifically, to Switzerland authorities for denying you the rights of free movement. You can also take this to SOLVIT.
It is preferable your EU/EEA spouse to be the one who will appeal on your behalf. I think an appeal will be the only way to make sure that you won't have the same issues again in the future. The process will be a bit long but it is better to clear the hurdles now than having another rejection.

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