How to write an appeal letter against a Schengen visa refusal?
Table of contents
- How to appeal against a refusal to issue a Schengen visa?
- What is an appeal letter against a Schengen visa refusal?
- What should an appeal letter contain?
- Sample letter of appeal
- Supporting documents for the appeal letter
- Where to submit an appeal letter against a refusal to issue a Schengen visa?
- Procedure for consideration of appeals against a Schengen visa
Unfortunately, any submission of documents to the consular section of a Schengen country's diplomatic mission may result in a refusal. However, do not despair, because such a decision can be appealed. Learn more about the rules for writing an appeal letter against a Schengen visa refusal
Submitting an application for a Schengen visa does not guarantee its approval. Even if you have spent a lot of time preparing documents, filling out an application form and writing cover letters, there is a chance that you will be rejected. Sometimes, despite your best efforts and conviction that your actions are correct, your application may be rejected.
However, a visa refusal is not a reason for disappointment. You can re-apply by correcting previous mistakes or improving your situation. If you are confident that your first application was correct and believe that the refusal was unjustified, you have the opportunity to appeal this decision.
According to Article 32(3) of the Schengen Visa Code, persons who have been refused a visa have the right to appeal.
Earlier, we have already talked about who needs to obtain a Schengen visa to travel within the EU, as well as the most common mistakes when applying for a Schengen visa.
How to appeal against a refusal to issue a Schengen visa?
Appealing a decision on your visa application can be a complicated process. Firstly, you must be sure that the refusal was unjustified and had no grounds. Secondly, the appeal must be filed against the EU Member State that made the final decision on your application. To do this, you need to write a Letter of Appeal against the refusal to issue a Schengen visa.
This letter should contain convincing arguments why you believe that your application was rejected without any grounds and why the decision should be reconsidered. Further in this article you will find detailed instructions on how to write an appeal letter, as well as information on where to submit it.
What is an appeal letter against a Schengen visa refusal?
An appeal letter against a refusal to issue a Schengen visa is drawn up by the applicant in order to appeal against this decision. The letter must justify why the refusal is wrong by providing factual or legal grounds. In some cases, additional evidence may be attached to confirm that the refusal is unlawful.
Each embassy sets its own deadline within which an applicant can submit an appeal letter after receiving a refusal. If you are faced with such a situation, it is recommended to write and submit an appeal letter within the deadline.
The process of writing an appeal letter is quite complicated. Even if you have good reasons, it is important to know how to structure the letter, to whom to address it, and what information to include. Remember that your letter should not be too long, as the embassy staff has limited time to consider each appeal.
However, a one-paragraph letter will not do either. Simply stating that the embassy was wrong in its decision is not enough. It is important to explain in detail the reasons why you believe that the visa refusal was unlawful. Without strong arguments, your appeal letter will not be considered.
This guide will provide you with step-by-step recommendations on how to write a letter of appeal against a Schengen visa refusal, helping you to make it meaningful and convincing.
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What should an appeal letter contain?
In order for an appeal letter to be legitimate, it must contain certain information listed below:
1. Personal data: the letter should include information about you, including: name, surname, date and place of birth, passport number and current address. It is also recommended to include your email address and phone number;
2. Date of refusal: at the beginning of the letter, be sure to indicate the date on which you received the visa refusal letter;
3. Reason for refusal: clearly indicate the reason for refusal as stated in the letter you received;
4. Reasoning: explain why you believe that the refusal was wrong. List all the reasons why you think the decision to refuse should be reconsidered. This is the most important part of the letter, so pay special attention to it;
5. Signature: when you have finished writing the letter, print it out and sign it. Letters without a signature will not be considered.
Ensuring that your appeal letter is properly formatted will increase your chances of a successful reconsideration of your Schengen visa decision.
Sample letter of appeal
Like any other document, an appeal letter has a certain structure that should be followed. The structure of an appeal letter is not fixed. However, for better understanding, we provide you with an indicative sample.
Your letter should start with the date, the embassy address and the person who will read it.
Paragraph 1:
In the first paragraph, introduce yourself by stating your name, home address, date and place of birth, and passport number. Explain the reason for writing this letter. Indicate when you applied for a Schengen visa and the purpose of your visit to the Schengen area.
Paragraph 2:
Inform us when you were refused a visa and provide reasons, if any. Explain why you believe your application was wrongly rejected and provide arguments to support your position.
Paragraph 3:
Describe in detail the reasons why you believe the visa refusal was wrong and provide convincing arguments. You can use references to official sources to support your claims. Explain why your Schengen visa should be approved, focusing on refuting the reasons for the refusal. Remember that the success of your appeal depends on the strength of your reasons and how convincingly you present them.
End your letter with the date of your planned trip to emphasize the urgency of the issue, especially if you have little time to wait.
Sincerely, your signature, your full name, your e-mail address, your phone number.
Supporting documents for the appeal letter
The documents supporting the appeal letter vary depending on the reason for the Schengen visa refusal. Each refusal letter contains specific reasons why the decision was made, and accordingly, the documents for the appeal vary. Below are the most common reasons for refusal and the relevant documents to be submitted for an appeal.
Unclear purpose of the visit
If the embassy denied your visa because the purpose of your trip was unclear, you should provide additional documents that clarify your purpose. These may include:
1. Travel itinerary: if you have already submitted an itinerary, try to create a more detailed and clear travel plan;
2. Letter of invitation: a letter from a friend, institution or organization inviting you and explaining the reason for the invitation;
3. Cover letter: explain in more detail what you plan to do in the Schengen area and why your trip is important.
Lack of proof of funds
The application may be refused due to insufficient proof of financial solvency. In this case, you should submit:
1. Current bank statements: add more funds to the account to demonstrate a sufficient level of financial stability;
2. A letter of support: a letter from a person who undertakes to financially support you during your stay in the Schengen area, together with his/her bank statement.
Insufficient travel insurance coverage
If your travel insurance does not meet the requirements, purchase a new one from another company or renew the existing one and provide the relevant document together with an appeal letter.
Suspicion that you may not return to your home country
This is one of the most common reasons for refusal. If you have such a situation, you should provide at least one of the following documents:
1. Employment contract: if it has already been submitted, attach a letter from your employer confirming your commitment to return to work after the trip;
2. Student ID card: if you haven't submitted it before, please add it now;
3. Documents confirming the ownership of property: certificate of business, housing, etc;
4. Documents on family ties: marriage certificate, child's birth certificate or other documents confirming the presence of family in the home country.
Where to submit an appeal letter against a refusal to issue a Schengen visa?
Usually, the appeal letter is submitted to the embassy of the Schengen country where you plan to travel or to a consulate that processes visa applications on an outsourced basis. At the same time, the body that considers the appeal depends on the specific country that denied the visa.
For example, in Germany, appeals against visa denials are heard by the Administrative Court in Berlin. In Italy, it is the Administrative Regional Tribunal that deals with appeals. In Norway, the responsible authority is the Directorate of Immigration, and in France, this function is performed by the Ministry of Foreign Affairs.
Procedure for consideration of appeals against a Schengen visa
After submitting the appeal letter together with supporting documents, your materials will be reviewed by the relevant appeal authority in that country. A senior official in charge of Schengen visa appeals will decide whether the visa refusal can be overturned.
The waiting period for a response from the appeal authority depends on the embassy of the country you are applying to. Some embassies do not inform you of their decision in case the appeal is also rejected.
Just a reminder! The summer vacation season is in full swing, so it's time to apply for a Schengen visa to travel around Europe. Read more about which countries are the easiest and most difficult to obtain a Schengen visa.
Igor Usyk - Head of Migration department at VisitWorld
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