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What Do I Do If My Application for a Schengen Visa Is Denied?


If your application is denied, you can often ask them to reconsider their decision.  This is called an “appeal”.


Each Schengen country has its own rules about how you must file an appeal.  You have to file your appeal with the country that rejected your application, and you have to follow their rules.


Just because you have been denied a Schengen Visa before does not mean you will get automatically denied for Schengen Visas in the future.  The consulate is supposed to evaluate your application each time.

Schengen Visa Denied

What If My Application for a Schengen Visa Is Denied by Belgium?


Belgian law says that if your visa application is denied, you will be told why it was denied in writing.  If you decide you want to appeal the denial, you should file it with the Conseil du Contentieux des Etrangers. 


You must send your petition (request) for an appeal to the Conseil du Contentieux des Etrangers by registered mail.  You also must be sure to send it within 30 days of the date of your denial.


If you or your interests were seriously harmed by your Schengen Visa being denied, you can separately ask for the decision to deny you a visa to be suspended.


The Conseil du Contentieux des Etrangers does not issue visas.  If you file an appeal with them and they decide the original decision to deny you was wrong, the same organization that denied your application will be asked to consider your application again.  This time, they are supposed to consider the reasons the Conseil du Contentieux des Etrangers believed the denial was wrong.  This, however, does not guarantee that your application will not just be rejected again.

What If My Application for a Schengen Visa Is Denied by Denmark?



If Denmark denies your application, you can file an appeal with the Ministry of Refugees, Immigration and Integration Affairs.  There, your appeal will be reviewed and any new information you give will also be reviewed.  Your appeal is required to have certain information on it, including your name, nationality, application number and date it was denied. 


If your appeal is rejected, you can then file an appeal in Danish courts (tribunals).

 

What If My Application for a Schengen Visa Is Denied by Finland?


If Finland denies your application, there is not much you can do.  They must tell you of their decision in writing.  Unfortunately, though, you cannot appeal the denial.

What If My Application for a Schengen Visa Is Denied by France?



If France denies your application, in most cases they will not tell you why.  However, if you are the family member of an EU national or if the reason you were denied was because there was an alert out on you in the Schengen Information System, they will tell you the reason why you were denied.


You can file an appeal within 2 months of the date you were notified of the denial.  You would file your appeal with the Commission de Recours Contre les Decisions de Refus de Visa d’entrée, which is overseen by the Ministry of Foreign Affairs.  If the Commission decides in your favor, it will recommend that your visa be issued to the Minister of Foreign Affairs.


If the Commission refuses to recommend that your visa be issued to you, you can appeal again with the Council of State.  You must do so within 2 months of being notified of the Commission’s decision.  You cannot file an appeal with the Council of State unless you’ve been denied by the Commission first.


In both cases- the Commission and the Council of State- even if they approve your appeal, it doesn’t mean you will automatically get your visa.  It means the Minister of Foreign Affairs will have to reconsider it.  So even if your appeal is successful, there is no guarantee you will receive a Schengen Visa.

What If My Application for a Schengen Visa Is Denied by Germany?


If your application is denied by Germany, they do not have to tell you why.  You can appeal to the consulate and ask them to reconsider.



Then, if they still decide to deny you, you will be told the reason why.



If you want to appeal the denial after that, you can file an appeal with the Administrative Court located in Berlin.  You have only one month after the notification of your (second) denial to file an appeal with the court.

 

What If My Application for a Schengen Visa Is Denied by Italy?


If Italy denies your application for a Schengen Visa, they do not have to tell you why.  However, if they do decide to tell you,  they must use either a language you understand or English, Spanish, French or Arabic.
You can appeal the denial within 60 days of the date your application was denied.  To do so, you should file your appeal with the Administrative Regional Tribunal of the Lazio Region.

What If My Application for a Schengen Visa Is Denied by Luxembourg?


If Luxembourg denies your application for a Schengen Visa, you can appeal the decision.  You must file your appeal with the Administrative Tribunal within 3 months after the date you were notified your application was denied.  If the Administrative Tribunal decides in your favor, they cannot issue you a visa.  They can only force the organization you originally filed your application with to reconsider your application. 
If you file an appeal with the Administrative Tribunal and they decide against you, you can then appeal their decision to the Administrative Court.  You have 40 days after the date of the Administrative Tribunal’s decision to file an appeal with the Administrative Court.

 

What If My Application for a Schengen Visa Is Denied by the Netherlands?


If the Netherlands denies your application for a Schengen Visa, you can request that your application be reviewed by the Ministry of Foreign Affairs or the Ministry of Justice.  You will be told which of those Ministries you should use to file your appeal.  You have to file your appeal within 4 weeks of the date of the denial of your application.  If your appeal is approved, the consulate will then issue you a Schengen Visa.


If your appeal gets rejected, you can appeal again, this time with the Vreemdelingenkamer of the competent tribunal.  In order to appeal with the Vreemdelingenkamer, you must file your appeal within 4  weeks of the date when your first appeal was rejected by the Ministry of Foreign Affairs or the Ministry of Justice (whichever applies in your case).


What If My Application for a Schengen Visa Is Denied by Norway?


If Norway denies your application for a Schengen Visa, you will be notified of the decision.  You can then appeal the decision within 3 weeks.  To file your appeal, you fill out a form and give it to the consulate, and then the consulate will send it to the Directorate of Immigration.  The Directorate will review your appeal and either approve or reject it. 


If the Directorate denies your appeal, you can appeal again, this time with the Utlendningsnemda.  You must file this appeal within 3 weeks of being denied by the Directorate.  Whatever decision the Utlendningsnemda makes is final and cannot be appealed.

 

What If My Application for a Schengen Visa Is Denied by Spain?



If Spain denies your application, they do not have to tell you why.  You can file an appeal, though, within one month with the consulate.  You can also file an appeal within two months with the Tribunal Superior de Justicia de Madrid.


What If My Application for a Schengen Visa Is Denied by Sweden?


If Sweden denies your application for a Schengen Visa, you can ask them to reconsider their decision.  To formally request this, you must send a letter to the organization (the consulate, embassy, Migration Board, etc.) that denied your application.  In your letter asking them to reconsider, you should be sure to say what reasons you want them to reconsider.

Copyright 2013.

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