Hi everyone,
It appears to me that Sweden uses refusal as a strategy to keep applicants from coming to Europe by encouraging protracted appeal process aimed at frustrating applicants. I am a Nigerian with permanent residence status in Denmark living with my wife who is a British citizen together with our 3 children. My younger sister has recently applied for a visa at the Swedish embassy in Abuja to enable her visit us in Denmark during her vacation and to take part in the dedication ceremony of my last child.
Unfortunately, Denmark has shut down her embassy in Cotonou,Republic of Benin, where visas were previously issued.Consequently, it entered into agreement with the Swedish embassy to issue visa to applicants intending/wishing to visit Denmark.
My sister is recently married(April 2014) and she is an officer working with the Federal Road Safety Corps. At the interview, she presented all the supporting documents - appointment letter, confirmation of appointment, salary slips, bank statements, invitation letter,insurance and confirmed flight booking, in line with the requirements. The interview went really well and she was asked to leave her passport at the embassy with a date for collection of her passport set.
Much to our surprise, the embassy issued her with a rejection and out of the 10 points on which the embassy evaluates applicants, the only reason it gave was that her "intention to leave the schengen territory after her visa is expired could not be ascertained, that she has never been to the schengen territory before and that she is married but have no children"
She(my sister) gave me the power of attorney to appeal the case on her behalf which I did. On receipt of my appeal, the embassy forwarded it to the Migration Court in Gothenburg. While the appeal was pending in the court, my wife and I phoned on a regular basis to follow up the case. In fact, we talked to the case worker who had to present the case to the court. Two weeks later, the court returned a verdict upholding the embassy's decision. The court stated that she has no children, doubts she would leave Denmark or the Schengen areas if her visa expires and that she has not been to the territory before. I was asked to appeal against its decision to the Migration Appeal Court in Stockholm if I was dissatisfied with the outcome.
I see no reason as to why my sister should be denied. However, it seems to me they were talking about strong ties and connection to Nigeria that would prove she will return at the end of her visit. I referred them to again take a look at her appointment/confirmation of appointment letter,bank accounts, letter of leave of absence.
So in this latest appeal, I specifically addressed those issues why she would not remain in Denmark or the schengen territory after her visit namely that:
1)she is a permanent staff employed by the Federal Republic of
Nigeria (FRSC) and that her position is pensionable. Good salary, penchant for the job and the challenges that go with it.
2) Married a couple of months ago and although she has no children, she has no intention of abandoning her husband but rather focused on raising a family together. I also stated in the letter that it is inconceivable to expect her to have children barely 3 months after her wedding and the fact that she won't leave all these things behind in order to live in Europe.
Moreover,the letter i got from the embassy states clearly on page 2 that it's visa practices for Nigeria is that "visa is usually granted parents and children unless a circumstance exists that would indicate the applicants does not intend to leave Denmark. Siblings who are well established in their home country are considered in the same way as parents. Siblings who are not well established can be granted visa if the purpose of travel is important"
Given the above,I asked my sister to send me additional documentation to prove beyond reasonable doubts that she would return to Nigeria. Accordingly, she sent me a copy of her tenancy/rental lease duly paid for 2 year(2013-2015) and a copy of a landed property she owns. I emphasized in my letter that that given professional, social and economic factors such as having a good and permanent job, married, in possession of a landed property, rental lease receipt are factors that constitute having strong ties to a country and my sister should be considered as well established with strong connection to Nigeria by virtue of fulfilling these requirements.
I prayed the court that she be considered in the same footing as my parents in accordance with the embassy's visa regime & practices for Nigeria. I then attached the new and additional documentation that further strengthens and proves her attachment and strong ties to Nigeria as number 3 & 4 below
3) Rental lease or receipt valid for 2 years (2013-2015)
4) Land agreement - memorandum of customary right of land as is called.
On the question of not having been to the schengen territory before, I put it forward that there's always a first time to everything and one time has to be the first time(my emphasis only here --that is to say, one has to have a visa for the very first time in order to be in a schengen area. Humans are not magicians. How can someone be expected to have been in schengen area when a visa has not been issued for the first time or repudiated. That clause sounds preposterous to me. What do you think?).
I stressed the importance of her visit because she was coming to take part in my child dedication which has both cultural and religious significance citing my parents visit in 2008 to Denmark for the dedication ceremony of my first daughter. Accordingly, my parents also jointly wrote the court citing their inability to come owing to old age and their desire to have my sister represent them at the ceremony and attached their international passport bio data and the visa they received at the time.
The appeal has just been sent last week and I am hoping that the Migration appeal court in Stockholm overturns or overrules the decision.
In a nutshell, although the decision is pending, new and additional info has been included as I indicated above - the landed property and rental lease + all the supporting documents they (court) already has in the case file.
So what do you guys think in respect of the above and the reasons of being married and having no children,not having been to schengen territory before and doubts that she won't return when the evidence speak for themselves? Thank you guys.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222