Schengen visa refusal through German consulate

Question

My husband is a cardiac surgeon and is going to attend a conference in Berlin, Germany in June. My husband, our two kids and I applied for a tourist visa through the German embassy in Islamabad without giving any information and proof about the conference.

They have rejected our visa application on the ground that our exit from the state is not ascertained. We have stayed in the UK in 2010 for six months when my husband was on a job training. We left the UK in time and it was all smooth. Will it be a wiser decision to re-apply or file an appeal?

Looking forward to your advice.

Answer 1

A few comments, with no guarantees:

• An earlier refusal should not automatically lead to the refusal of a new application. The consulate will know you have applied shortly before and they will probably check everything very carefully but they are supposed to evaluate each application on its own merits, without prejudice. Realistically, you will need a very strong application to get a positive outcome but legally speaking there is nothing stopping you from submitting a new application.
• I suspect lodging an appeal is longer. Ideally, it would at least require writing a letter in German and some legal knowledge so it's not trivial to do right. It's mostly useful when you have a very strong case, you think the consulate is acting illegally and you ultimately want to involve the courts. Otherwise, you might just as well reapply (but that means paying the fee once again, probably in vain).
• Submitting a conference invitation would seem necessary in any case, but technically that's not the reason for the refusal (that would fall under “justification for the purpose and conditions of the intended stay was not provided” and not “intention to leave the territory of the Member States before the expiry of the visa could not be ascertained”). Consequently, merely submitting the conference invitation will not be enough, you need to address the reason for the refusal.
• It's easier to get a visa if your family is staying behind. The assumption is that fathers and mothers will want to return to their children and spouse. It's always more difficult if the whole family is going and you need to provide tangible evidence that you have a good reason to return to Pakistan (your husband's work contract, a proof that you own a house if you do, etc.) That's what “intention to leave the territory of the Member States before the expiry of the visa could not be ascertained” is about.

All in all it's probably going to be difficult, I hope you get a visa and wish you the best of luck but be prepared for a negative outcome.