I am a PhD student in Germany and I am married. Actually, at first I came to Germany by visa that was for a master and then after 6 month I succeeded to get acceptance from another university for promotion. But for extending my visa I should do it before my previous visa being expired.

I applied for a dependent visa for my husband twice. One of them when I was still a master's student and another time since I am a PhD student. Unfortunately the application was rejected each time. The first one because I was a master's student and the second time because I don't have any kind of grant or scholarship (I am self-funded) and my finance documents were insufficient.

But since I am here my husband visited me 5 timed through visa type 'C'. And since he has a high-ranked job in his country with reasonable bank balance he didn't have any problem getting this visa. But unfortunately one month a go he applied again for a type C visa again and today the German embassy told him that they are not sure he intends to leave the Schengen area after his time runs out.

I don't know where and how I should complain. My husband has been to Europe 9 times before.

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    Applying for a dependent/spouse visa (which shows an intent to immigrate) would definitely weaken his application for a visitor visa (which requires proving he does not want to immigrate). It might be very difficult to get out of this situation while you are still in Germany with uncertain finances. – Relaxed Apr 27 '15 at 12:56
  • Thanks for your comment. But what can I do now? acctually we would like to apply for dependent visa only for getting red of the proceses of getting visa type c every time. How can I prove that they made a mistake? – laleh8798 Apr 27 '15 at 13:00
  • You could try to get in touch with a lawyer who could draft a letter explaining all that. But from their perspective, they did not make a ‘mistake’, they have a legally sound reason to deny the visa and are unlikely to change their mind. The only option I can see for the short term is getting funding and/or a job to beef up the dependent visa application. If you prepare a very strong application, this one might still work. The short-stay visa, not so much. – Relaxed Apr 27 '15 at 13:03
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    Based on what you wrote, your husband was identified as building up a private life in Germany. It could lead to a claim under Article 8, so they refused. – Gayot Fow Apr 27 '15 at 13:03
  • thanks for your kind help and your consultant. in my opinion it is so obvious we don't want to do that. Applying for dependent visa is just for getting rid of the difficult process of visa especially in Iran. If we wanted to do that we could do it sooner. I don't know. I am so wondering...many thanks – laleh8798 Apr 27 '15 at 13:13

Per the commentary on your question...

To complain about a refusal, you need to prepare your complaint as a letter and send it to the consulate that issued the refusal. If you send it to a higher authority they will simply forward your letter to the consulate.

Complaints cannot be escalated unless the original consulate has had the opportunity to examine it.

Based upon what you wrote, and the commentary provided by "Relaxed", it's likely to be a pointless exercise. From their view, your husband has been building up a private life in Germany and they want to avoid the situation where Article 8 becomes engaged. Also based upon what you wrote, the consulate made a good call.

If you want to make a really effective complaint, you can instruct a solicitor who has a practice area in Schengen.


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