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I had applied for a family visit visa to Germany to visit my husband who is a student there. The basis of rejection were

8) the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.

  • your declared travel purpose is not understandable regarding your submitted documents or your information during the interview.
  • the existence of your family relationship is not proved

9) your intention to leave the territory of the member states before the expiry of the visa could not be ascertained.

-you did not submit documents which confirm stable financial background -the documents you submitted do not allow a positive conclusion as to the existence of a secured background or sufficient family relationship.

also i received comments stating as per my information:

BE ADVISED THAT YOU MAY APPLY FOR FAMILY REUNION WITH YOUR HUSBAND WHEN IT IS LEGALLY POSSIBLE. IN THAT PROCESS YOUR MARRIAGE DOCUMENTS WILL BE CHECKED. UNTIL THEN IT WILL NOT BE POSSIBLE TO ISSUE A SCHENGEN VISA.

with all this being stated the reason i applied for family visit and not tourism since i felt that applying for a tourism could create a red flag earlier since my husband was already in Germany. I worry that if i apply for a tourist visa now it will get rejected too since somehow they feel i have intentions to stay with my husband and not return whereas the only reason i wish to go is to enjoy my stay for a few days n come back since I am already enrolled a student in my home country. Should i apply for a new application for a tourist visa or sit back ! i fear of getting rejected also it shouldn't look for my desperation. Please help

I am still confused whether i should reply them through remonstrance or apply for a new visa.... Also i have only a few days to go for remonstrance since i received the rejection quite later than the issuance I do not have a lot of time only a week maybe.....

I do not wish to ask the details for rejection instead i wish to know the best practice in reply as to go for a new category or stay stay stick to it

marked as duplicate by Michael Hampton, Ali Awan, Giorgio, mkennedy, Henning Makholm Jan 12 at 14:04

This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.

  • Note: Culturally (but not more true) in Germany the students are poor, so there is some bias on how he can maintain you, so it is a red flag that you (and him) may work (for him, not just for extra income for studies). Note: you should also provide more information about your relationship on your country (so that you have really interest on returning). – Giacomo Catenazzi Jan 10 at 13:22
  • Without being an expert in the area, I agree that applying for a tourist visa now is a bad idea. First of all, this will raise red flags, and the document showing a stable financial background will still be needed. So that sounds like a waste of money. However, note that all refusal reasons are actionable: a) you need to clarify the intention of your visit - this somehow got lost, b) you need to provide a proof of your family relationship, and c) you need to provide a proof that you can support yourself for the trip. You were refused for lack of documentation, which can be fixed. – DCTLib Jan 10 at 14:30
  • @PEARL Could you provide a reason for why your appear to want to address the problems by changing the visa type rather than providing the documentation that the embassy asked for? – DCTLib Jan 10 at 14:32
  • thank you everyone for taking out time to comment it sure is helpful @DCTLib going into appeal means actually going for Administrative Court in Berlin which is taking you case on a new level. Also the comment i have mentioned is clear enough to inform me that my marriage documents do not provide any worth at this moment even if i prove of all allegations .......somehow spouses are not considered in family visits sadly ......! – PEARL Jan 10 at 14:50
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    @PEARL 1) Students can visit their spouses on family visit visas. The text in capital letters that you got clearly states that the marriage certificate needs to be checked -- this statement would make no sense if spouses of students cannot apply for a family visit visa. I interpret it as they complain that you did not provide it when applying. 2) There is no reason to get the Administrative Court involved. You can simply apply again in the same visa category, this time with sufficient documentation. Look at the answer of Michael Hampton to get further information on additional needed doc's. – DCTLib Jan 10 at 20:12
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(Disclaimer: I am not a lawyer and not an immigration expert. The following answer is based on common sense and the information provided by the asker of the question).

Do not reapply under a different visa category after a rejection if the reason for the planed trip has not changed and the original category was the correct one.

Regardless of whether reapplying is legally possible, it casts serious doubt on your credibility as an applicant, which makes you unlikely to get a visa.

It also would not be useful in your particular case, for the following reasons.

  1. From the rejection letter, you can see that the embassy did not quite understand why you wanted to do this trip. This is probably a matter of miscommunication, which you want address. While it could be the fault of the embassy, the discussion in the comments indicates that you are inexperienced in formal communication (e.g., you asked "why students cannot call for their spouse on family visits" even no information was ever given that indicates this). For this reason, you may want to seek help in compiling a fresh visa application. Perfect would be an immigration lawyer, which is not cheap, though. As a second best option, get a friend with experience in successfully applying for visa to check your documents (and story) for understandability and completeness.

  2. You have been given the comment that you need to provide a marriage certificate. So when you re-apply, provide it. Your question indicates that you did not perceive this as a show-stopper as you did not comment on this, but it really is.

  3. The additional reason "your intention to leave the territory of the member states before the expiry of the visa could not be ascertained." was given. It is highly unlikely that they would give you a tourist data if they weren't happy with this earlier. This is why another user gave a link to this question in the comments, which explains what this means and how it can be addressed. The question is actually about two visa rejection cases, whereas the second one is exactly the one that you got. Without taking care of this reason for visa rejection as well, you will not get a visa, so read that thread carefully. If you applied for a tourist visa now, it is likely to be rejected for the very same reason (without additional documentation or a change of your circumstances).

So your best bet is to address the points for rejection and try again (or decide not to try). Even better would be to get professional help, though.

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