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Old 20.02.2015, 12:55
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Re-Appeal for dependent VISA rejection

Hi All,

I have applied dependent VISA for my spouse on 30th Jan 2015 in Mumabi, India and my Visa is valid till 6th June 2015. I have got a letter from Swiss authorities stating that, my duration of stay is short period and hence they can not process the application and they suggested to apply for tourist visa.

But now, my employer is started my extension till Oct 2016. Now, I just want to know the procedure to get the dependent VISA. Please suggest me which option is best for me.

Is it possible to appeal to Swiss authorities with the same application ?
Do I need to re-apply(fresh) once I got the new work permit ( least option )

Appreciate your suggestions on this.

Regards,
Khaja
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Old 20.02.2015, 13:20
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Re: Re-Appeal for dependent VISA rejection

I think you'll have to wait until you find out if your permit has been extended. Until that's decided the Swiss authorities won't consider any dependent's permit for your spouse. And yes, you would have to make a fresh application once you have a positive decision for your permit.
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Old 20.02.2015, 13:22
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Re: Re-Appeal for dependent VISA rejection

There was a complimentary page(https://www.vfsglobal.ch/switzerland...ntary_form.pdf) to the visa application which says

"The applicant may appeal to the Federal Office for Migration against a visa refusal decision within thirty days of notification (Article 6 paragraph 2bis of the Federal Act on Foreign Nationals, FNA, SR 142.20). The appeal must be submitted in writing and in one of the official languages of Switzerland. It must be dated and signed by the appellant, and addressed either to the Swiss diplomatic mission that refused to issue the visa or to the Federal Office for Migration, CH-3003 Bern-Wabern. After advance payment of an administrative fee of CHF 150 (Article 63 of the Federal Act on Administrative Procedure, APA, SR 172.021), the Federal Office for Migration shall issue a contestable decision. Advance payment must be made according to the indications of the diplomatic mission or the FOM."

So if your employer can get fresh work authorization in next 30 days you may try appealing otherwise on what ground you would appeal?

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Hi All,

I have applied dependent VISA for my spouse on 30th Jan 2015 in Mumabi, India and my Visa is valid till 6th June 2015. I have got a letter from Swiss authorities stating that, my duration of stay is short period and hence they can not process the application and they suggested to apply for tourist visa.

But now, my employer is started my extension till Oct 2016. Now, I just want to know the procedure to get the dependent VISA. Please suggest me which option is best for me.

Is it possible to appeal to Swiss authorities with the same application ?
Do I need to re-apply(fresh) once I got the new work permit ( least option )

Appreciate your suggestions on this.

Regards,
Khaja

Last edited by simple_person; 20.02.2015 at 13:34.
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Old 20.02.2015, 13:57
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Re: Re-Appeal for dependent VISA rejection

Thanks for your suggestion.

But, I hope it is not possible to get the work permit in 30days. But I can request them a letter with the information that they are going to extend the VISA along with the start and end date.

If I apply a fresh dependent VISA, is it necessary to attach the letter which I have got from swiss authorities.


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There was a complimentary page(https://www.vfsglobal.ch/switzerland...ntary_form.pdf) to the visa application which says

"The applicant may appeal to the Federal Office for Migration against a visa refusal decision within thirty days of notification (Article 6 paragraph 2bis of the Federal Act on Foreign Nationals, FNA, SR 142.20). The appeal must be submitted in writing and in one of the official languages of Switzerland. It must be dated and signed by the appellant, and addressed either to the Swiss diplomatic mission that refused to issue the visa or to the Federal Office for Migration, CH-3003 Bern-Wabern. After advance payment of an administrative fee of CHF 150 (Article 63 of the Federal Act on Administrative Procedure, APA, SR 172.021), the Federal Office for Migration shall issue a contestable decision. Advance payment must be made according to the indications of the diplomatic mission or the FOM."

So if your employer can get fresh work authorization in next 30 days you may try appealing otherwise on what ground you would appeal?
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Old 20.02.2015, 14:47
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Re: Re-Appeal for dependent VISA rejection

Hi,
I dont think the authorities will accept a letter from your employer that they will extend your permit. In switzerland, only when the permit is extended, it is considered as valid and you can apply based on this.
what kind of a permit you have? I guess L. and it looks like you are only applying for the dependent visa after nearly 6 months from when you got your permit.
again, remember that your employer can apply for your permit extension before 3 months of expiry. so if your current permit is expiring in June, 2015, ask your employer to apply for the extension in March and hopefully it should be approved by end of march.
once you have the renewed permit with validity upto 2016, you can apply for a fresh dependent visa.

about applealing the decision, i dont think it will change the result of the decision. the authorities have looked at all the deails and made a decision and i dont think an appeal will change that.

Cheers
happycreature
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Old 20.02.2015, 15:03
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Re: Re-Appeal for dependent VISA rejection

I think now you may go for a visitor visa for your wife. She can stay here max 90 days. If you get extension she can go back India and apply for family reunification again. On visitor visa she don't need to register here and she don't need to pay for health insurance. However she need to have travel insurance which is anyways cheap in India.

You may not need to attach last refusal letter as it might be already recorded into their system.

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Thanks for your suggestion.

But, I hope it is not possible to get the work permit in 30days. But I can request them a letter with the information that they are going to extend the VISA along with the start and end date.

If I apply a fresh dependent VISA, is it necessary to attach the letter which I have got from swiss authorities.
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