How to appeal a German visa refusal?

Question

I have applied for visit visa to Germany, all the documents were correct but my visa was refused stating reason number 9 (Your intention to leave the territory of the Member States before the expiry of the visa applied for could not be ascertained).

Now I am applying to appeal, and honestly saying I don't want to miss the chance. I have been searching for the procedure of how to appeal. The city in which I live is far from German Embassy at Islamabad. I am looking for the procedure via online website but the website lacks the information.

Kindly inform me about the visit visa appeal procedure.

Answer 1

You can appeal, but your appeal may not result in an issuance considering the reason given goes towards either:

1. Documents your provided.
2. Your interview.

It will be quicker, and easier, for you to apply again and this time address the specific concern that was listed as the reason for refusal.

In your case, you need demonstrate that you will return at the end of your visit; normally you demonstrate this by showing ties to the homeland:

1. A steady job with income.
2. Family ties (kids going to school for example, spouse, etc.)
3. Property or other assets.
4. Other similar evidences

So if you are young student with no job going for a visit to Germany, you are at an extremely high risk of default immigration; on the other hand if you are married and holding a steady job, are renting or own a house and are going for a visit - you are less likely to overstay or not return.

Keep in mind that for visa purposes, the officer assumes that you are trying to immigrate illegally, and it is your job to convince them otherwise. This may sound unfair, but this is normally the case for most embassies and visit visas. The problem is exacerbated as you are applying from Pakistan a country that has a history of illegal immigration, falsified documents, etc.

Answer 2

Please be informed you have to address your remonstration letter to the Head of Visa section, the German consul of your country of residence if it’s a paper application. But if you choose to send it by email, all you need to do is to visit the embassy website responsible for your country, click, “contact the visa section or consular section”.

Before submitting an appeal make sure you take out enough time to work on improving the areas which they gave as reason(s) for visa refusal. Example, if their reason states “their intention to leave the territory of the member states before the expiry of the visa could not be ascertained”. This means the embassy drew their conclusion on the following point noted from your documents or during your interview. The Embassy has to work out a return prediction. The documents you have submitted or your other information were not sufficient to predict a positive result as far as your intended trip is concerned.

1. The family ties to (spouse, minor children, guardian-unions etc.)
2. The professional binding (existence of a fixed employment relationship)
3. The economic bond (regular income from rents or real estate assets)
4. The employment relationship has not been established / confirmed
5. Proper use of Schengen-Visa in the past
6. Changes in the personal situation since the granting of the last Schengen-Visa

For some time now the visa officers do not have the sole right to make recommendation to issue a visa, they are only allowed to make comments. After your interview, your documents (4 units) are moved from unit to the other and once it gets to HEAD OF DOCUMENTS (4 German staffs are in this role), they write the HEAD OF VISA SECTION asking him to issue you a visa. Unfortunately, a very large percentage of applicants who are refused visa do not get to HEAD OF DOCUMENT table. They are often turned down within section 1-3 of the embassy.

Some of the ways to have a favorable appeal if the earlier mentioned is the reason you were denied includes but not limited to the following.

• Adequate evidence that you will return to your country. This could be in form of marriage, ongoing business that has good prospect, ongoing contracts, academic program with evidence of payment of fees, visible family ties and other responsibilities.
• Evidence of earnings which includes a good salary, rents, proof of landed properties, certificate of evaluation of properties from licensed Estate surveyors and valuers stating the worth of the property in question.
• Present a good account statement with good flow and maintaining a good account balance considering your purpose of visit. When appealing it’s very important to inform the embassy about you’re the current changes in your financial status
• Present appeal support letters from your business partners or relatives and friends inviting you addressed to the Head of Visa section. This must include proof of accommodation, Guarantor’s letter stating that they would be responsible for the cost of your repatriations if possible
• You must show to the embassy proofs that you do not intend to be an illegal immigrant and that you are comfortable in your home country. Remember to attach documents showing that you are indeed comfortable. Please do not look so desperate or as if you are begging for visa in your appeal letter.

Many of the appeal letters do not get to the HEAD OF DOCUMENTS. They embassy receives so many emails and some of them are declared “lack of merit on arrival” and as such they terminate it without forwarding it to the next unit. You have 95% chance of getting a visa if your documents get to the head of documents.