Appeal & Review for Visa Rejection
In Bangladesh, huge visa applications are filed in different Embassies or High Commissions. On the other hand, almost 90% visa applications are refused and the applicants get the right to file Visa Appeal. But for the lack of information and ignorance about the laws, most of the people do not go forward to file Visa Appeal. On the other hand in Bangladesh, the different visa processing service providers are led by NON-LAWYERS. So, the clients do not get proper legal advice regarding immigration laws. In the western world, the immigration services are provided by SKILLED LAWYERS but in Bangladesh it is mainly controlled by some brokers, agents, travel agencies and illiterate people.
However some concepts regarding Visa Appeal is being submitted below:
Do you have right of appeal: When the visa application is refused, most of the embassies issue a refusal letter. In the last part of refusal letter, the right of the visa appeal is mentioned. But in some cases, the applicant may get the right of “Review" especially in UK visa refusal letter.
Know the ground for rejection: Then the applicant must scrutinize the grounds of refusal of visa application which is mentioned in the visa refusal letter. Most of the embassies or High Commissions as UK, Sweden, France, Italy, explain the grounds for visa refusal. But it has been a bad practice by some EU countries that they use a common format of refusal letter.
Know the court: It is very important to know the court for filing Visa Appeal. It can be sent by Post. Every country establishes own courts for dealing Visa Appeal cases such as for UK, the First Tier Tribunal, for Sweden, Migration Court of Gothenburg etc. The appeal can also be filed in Local Embassy/High Commission in ordinary way but success rate is very low.
Know the law: In case of Visa Appeal, the appellant/applicant should try to know about the relevant laws regarding foreign immigration. WITHOUT LAWYER, IT IS VERY TOUGH FOR ORDINARY PEOPLE TO KNOW ABOUT THE LEGAL PROCESS.
Prepare the appeal petition:
After doing previous works, the appellant should prepare Visa Appeal Petition by lawyer. If the lawyer files Visa Appeal, he/she has to prescribe his details and enclose a lawyer appointment letter or power of attorney. In the appeal petition, the appellant must prescribe all the grounds that why he/ she will be entitled to get visa. In some countries, English language is not accepted such as France.
We are the most experienced law firm for all about Visa Appeal and Review, and our successful rate is very high. We assess the disputed grounds before preparing appealing petition.
We assist our clients to prepare appealing or review petition for denial of tourist, student and business visa for Schengen States, United Kingdom (U.K.), USA and Canada.
Who can submit Schengen visa appeal? Applicant in person or lawyer representing the applicant under a written power of attorney from the applicant can submit.
Time frame of Schengen Visa appeal process :
|Name of Countries||Schengen visa appeal deciding body||Deadline from the notification of the visa denial|
|Belgium||Conseil du Contentieux des Etrangers||30|
|Denmark||Ministry of Refugees (Immigration and Integration Affairs)||No time limit|
|France||Ministry of Foreign Affairs (Commission de recours contre les décisions de refus de visa d'entrée en France)||60|
|Germany||Administrative Court in Berlin||30|
|Italy||Administrative Regional Tribunal||60|
|Netherlands||Ministry of Foreign Affairs or Ministry of Justice||30|
|Norway||Directorate of Immigration (UDI)||21|
|Spain||Tribunal Superior de Justicia de Madrid||30|
|Sweden||The visa denying embassy||30|
|(Note: Deadlines are informative only. Check with your embassy and your denial letter!)|
List of Schengen Countries
Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, and Sweden.
EU Member States
Austria, Belgium, Czechia Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden
EEA countries2 (Norway, Iceland, Liechtenstein) and Switzerland. As regards Norway, the common visa policy does not apply to Svalbard (Spitzbergen).
EU Member States not yet applying the Schengen acquis in full
Bulgaria, Cyprus, Croatia and Romania.