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  #1  
Old 01.05.2018, 23:18
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Visitor Visa Rejection: Appeal Procedure

Hi all,
We have applied for Schengen visa for by brother in law and sister in law in Swiss embassy delhi. But we have received rejection based on following reason:
1. Purpose of travel unclear
2. They are not sure if they will return

Kindly let me know if anyone has appealed the decision. I want to know the procedure and chances of getting positive reply after the appeal.
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  #2  
Old 01.05.2018, 23:59
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Re: Visitor Visa Rejection: Appeal Procedure

Not my story, but someone I know had this situation.
They then went about documenting 1 and 2 before they appealed. They were successful.

1. visit to family, holiday only, want to see Swiss scenery, want to have a context of where relatives live, so when we are back in India, we'll be able to understand what they mean when they say they've been down to town or to the mountains

2. bank accounts in India, business connections, employment contracts, registrations at school, memberships of organisations, churches, temples, mosques, etc., letters confirming long-standing connection to society, etc., "we look forward to welcoming them when they return home to India", etc.
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  #3  
Old 02.05.2018, 08:34
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Re: Visitor Visa Rejection: Appeal Procedure

This may help.

https://www.sem.admin.ch/dam/data/se...klaerung-e.pdf

And this:

"The Embassy has refused my visa application (receipt of form refusing a visa)
If your visa application has been refused, you have the right to appeal (notification by means of a standard visa refusal form under Annex 10 of the Visa Provisions SEM) within 30 days of receipt of the refusal. The appeal must be made in writing (in German, French or Italian) with a statement of grounds. It may be submitted by the applicant’s host in Switzerland, or their legal representative, to the following address:
State Secretariat for Migration (SEM)
Quellenweg 6
3003 Bern-Wabern
If you do not have a host or legal representative, the appeal may be submitted to the Swiss representation abroad.

The State Secretariat for Migration (SEM) requires an advance on costs before beginning the visa appeal process."

"How do I remit an advance on costs?
The Visa Directives provide that the State Secretariat for Migration (SEM) acknowledge receipt of appeal and request the appellant to remit within 30 days an advance on costs of CHF 200.- (Art. 63 Administrative Procedure Act). The advance must be made using the pay-in slip annexed to the secretariates's acknowledgment notice."

"SEM has rejected my appeal
Under the provisions of Article 47 of the Federal Act on Administrative Procedures (VwVG, SR 172. 021) and Articles 31–33 of the Federal Act on the Federal Administrative Court (VGG; SR 173.32) you may appeal against a decision within 30 days of receiving the decision. Your appeal should to be sent to the Federal Administrative Court at the following address:
Bundesverwaltungsgericht
P.O. Box/Postfach
9023 St Gallen
You should give the reasons for your appeal and submit any evidence you have. In addition, you should enclose a copy of the decision you are appealing against in one of the three official languages (German / French / Italian). The period for filing an appeal is 30 days. Appeals will be considered if submitted to the competent authorities, a Swiss post office, a Swiss Embassy or Consulate within the 30-day deadline. Appeals submitted after the deadline will not be considered (Art. 21(1) Administrative Procedure Act)."

https://www.sem.admin.ch/sem/en/home...ise/faq.html#6. Questions on granted or refused visas
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  #4  
Old 04.05.2018, 09:49
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Re: Visitor Visa Rejection: Appeal Procedure

Is there someone who has previosly filed an appeal for the rejection of visitor visa?
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Old 04.05.2018, 14:43
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Re: Visitor Visa Rejection: Appeal Procedure

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Is there someone who has previosly filed an appeal for the rejection of visitor visa?
It is not as complicated as it might look,

You can write a letter in which you motivate that they will return, and what the purpose is of the visit, the more proof/motivation you hand in for this the better, Doropfiz his post has given you a lot of info on this.
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Old 05.05.2018, 20:38
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Re: Visitor Visa Rejection: Appeal Procedure

As Doropfiz mentioned, you could emphasize this is a family reunion and that you have close relationship with your family. To establish that they will return, you could provide letter from the employer. Or if they are self employed details about their business.
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Old 05.05.2018, 22:08
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Re: Visitor Visa Rejection: Appeal Procedure

The point is to establish that the visitors from India really have
  1. no intention, and perhaps even no interest in, overstaying the duration of their visa,
  2. and have every intention of, and a desire and need to, return to India on the planned date.
and also that you as their host really have
  1. no intention and even no interest in their staying on with you beyond the planned date, and
  2. have every intention of getting them back to their responsibilities in India.

They must show, and you must show, that this a temporary thing, a mere visit, and that after that life will go back to normal, with you living in Switzerland as you do now, and their returning to their usual life in India.

You can document your side by demonstrating, with all the necessary papers, that you getting along fine in your every-day life without these relatives by your side, that you are employed, very busy, established in connections with your friends, clubs, societies, neighbours, language courses, further studies, etc., here, and that during their visit you will be making a special effort to take some time off from these activities, but only because you know it cannot be and need not be sustained, since they will return to India after a short visit.

They can document their side by demonstrating that their whole life takes place in India, and that a whole host of responsibilities, duties, connections, their income, their bank accounts, their home, all their friends and relatives, and their social and community life takes place there. They are only briefly taking a short trip away from that, and will then, very naturally, be returning to take up their normal place in their life, neighbourhood and social and business circles, in India.

If in fact, you or any of the visitors have a dream of using the time to look around and see whether they could possibly ever come over to work or study or live with you in Switzerland, then you have to be very careful to keep that notion completely separate from their visa application.

Just focus on this holiday trip. After all, any sensible person who can afford to do so, should always first go on a holiday to a far-off country, to see if they think they'd like it there, before they would even contemplate leaving everything at home behind, and immigrating. Therefore, keep any hope of living in Switzerland (if they or you have such for them) completely in the realm of "dream" or "hope" and for now, and for this application, and also because it is reality-based (residence permits not easy to get for non-EU people anyway), and just stay very focussed on fact that this is just a holiday.
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Old 09.08.2018, 21:43
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Re: Visitor Visa Rejection: Appeal Procedure

Hi,
I had a recent experience of appealing against rejected visitor visa.
End result: Visa approved
Time taken: 1.5 months

Procedure: Appeal in writing to SEM Bern.
Reply received in 15 days
I habe to pay a bill of 200chf so that process can be started.
Paid it on the same day.
After 15 days received a letter from migrationsamt Zurich to answer around 15 about my relatives travel and a gurrantr gor. jas to be fillled.
Sent the letter within 3 days
Receied a reply in 15 days that visa is approved and submit passport in vfs delhi.
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Old 10.08.2018, 01:20
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Re: Visitor Visa Rejection: Appeal Procedure

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Hi,
received a letter from migrationsamt Zurich to answer around 15 about my relatives travel and a gurrantr gor. jas to be fillled.
.
Please, what were the 15 [questions] about your relatives' travel? Or at least what was the main direction of the questions, to show what?
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Old 10.08.2018, 05:34
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Re: Visitor Visa Rejection: Appeal Procedure

Mostly the direction was:
Reason of their travel
Why they want to travel for longer period
How is it possible for them to travel for longer period.

I drafted a detailed letter in german with detailed itinirerary and justifications.
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Old 23.10.2018, 22:41
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Re: Visitor Visa Rejection: Appeal Procedure

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Hi,
I had a recent experience of appealing against rejected visitor visa.
End result: Visa approved
Time taken: 1.5 months

Procedure: Appeal in writing to SEM Bern.
Reply received in 15 days
I habe to pay a bill of 200chf so that process can be started.
Paid it on the same day.
After 15 days received a letter from migrationsamt Zurich to answer around 15 about my relatives travel and a gurrantr gor. jas to be fillled.
Sent the letter within 3 days
Receied a reply in 15 days that visa is approved and submit passport in vfs delhi.
please tell me about appeal How to appeal in Bern 1 step to end step Please
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Old 24.10.2018, 07:55
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Re: Visitor Visa Rejection: Appeal Procedure

You must have received a rejection letter for your realtives.
In this letter there is a section which needs to be filled if you would like to file an appeal to SEM Bern. Fill this section and create a cover letter that you would.like to file an appeal.
Then SEM will send you 200chf bill. Pay that.
After that they will send you a set of questions. Create proper response and send.
After that your cantaon will send you a gurrantee form to sign. Sign it and send.

If appeal is approved then they will confirm you the same by post.
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Old 24.10.2018, 09:57
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Re: Visitor Visa Rejection: Appeal Procedure

Thanks for reply.

please let me know how to file appeal direct SEM going or first appointment or per email sending or per post and 200chf which account sending have you account number please?

Thanks
Dav
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Old 24.10.2018, 10:19
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Re: Visitor Visa Rejection: Appeal Procedure

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Thanks for reply.

please let me know how to file appeal direct SEM going or first appointment or per email sending or per post and 200chf which account sending have you account number please?

Thanks
Dav
Please read the post above yours. It has all the info you need.
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Old 24.10.2018, 12:16
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Re: Visitor Visa Rejection: Appeal Procedure

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Thanks for reply.

please let me know how to file appeal direct SEM going or first appointment or per email sending or per post and 200chf which account sending have you account number please?

Thanks
Dav
No, you don't need an appointment first. You can write to them straight away.

No, don't use email. Yes, use post (= a letter on paper, in an envelope).
When you write, make a photocopy of their letter, and put it in the envelope, too. That helps them to find your file more quickly.

No, don't pay anything yet. First wait for the SEM to get your letter. Then they will send you the bill for the Fr. 200. Only then can you pay it. Because they send you the bill, it will automatically have the right account number on it.

As Keepsmiling said in Post 12, the SEM will sends you the questions.
So, while you are waiting for the bill, you can start preparing information, as I set out in Post 2 and Post 7 of this thread. If you start now, you will be all ready.
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Old 24.10.2018, 12:41
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Re: Visitor Visa Rejection: Appeal Procedure

Thanks for reply and how many days I receive first letter from SEM ?
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Old 24.10.2018, 12:42
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Re: Visitor Visa Rejection: Appeal Procedure

Around 2 weeks
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Old 24.10.2018, 12:47
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Re: Visitor Visa Rejection: Appeal Procedure

Thanks ......I send letter for this address.

State Secretariat for Migration (SEM)
Visum
Quellenweg 6
3003 Bern-Wabern

????
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Old 25.10.2018, 00:39
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Re: Visitor Visa Rejection: Appeal Procedure

You must use the same address as on the letter they wrote to you, when they rejected the application.

Make a photocopy of that letter you got from them, and put it in the same envelope with your letter to them.
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Old 25.10.2018, 00:46
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Re: Visitor Visa Rejection: Appeal Procedure

Rejection letter come my relatives in India he send me copy for rejection letter now I’m write one letter in German language and attach rejection letter and sending to SEM Webern ... it ok or ????
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