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  #21  
Old 14.12.2019, 18:16
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Re: Study visa got rejected

Could you perhaps type up the exact text in the letter of rejection you received? That might make it easier for someone here to give you some advice, or an opinion.
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This user would like to thank doropfiz for this useful post:
  #22  
Old 14.12.2019, 19:02
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Re: Study visa got rejected

actually, canton approved my visa application and sent for approval to SEM Bern for approval but Sem refused the application with following reason.

Translated reason


Therefore, for the other part (the majority) of the end of the studies does not enter into the account line. In these conditions they are fulfilled - it will remain in the form of a para. 2 L Strl).

el candidates, access to the labor market in such cases, their stay in Switzerland - if temporary (see general conditions of art. 5

Given the large number of foreigners who apply to be admitted to Switzerland for training or further education, the admission conditions referred to in art. 27 LS
be admitted to Switzerland to follow a strictly observed. It is necessary to avoid as far as possible the course of training or further education in order to circumvent the conditions of admission
are as abusive as possible.

In the specific case, the SEM firstly highlights how Mr. xxxxxx has already obtained a first university education in Pakistan. In this regard, the SEM notes that Mr. xxxxx has obtained a Bachelor's degree in Software Engineering No SEM, it is claimed by the concerned, that the continuation of such training at home is impossible.

According to the SEM, it is therefore not necessary to undertake studies in Switzerland. In fact, although the SEM understands Mr. xxxxx desire to study in a Swiss school whose prestige is recognized internationally and despite the quality of the education given is - according to what the interested party claims - of a higher level than the universities at home, this is not enough to accommodate the demand.

Given these elements, it is necessary to examine the present request from the profile of the opportunity

The SEM notes that the training followed by the person concerned and the diplomas obtained at home have allowed him to undertake a professional activity. In fact, he works as Junior Software Engineer at Interactive Technologies Gateway

Again, it should be noted that in the recent past the person concerned was refused the release of a long-term visa for studies by the French authorities. The latter had not been able to exclude that the planned stay for training had an abusive character.

Finally, the public interest is opposed to the personal interests of the applicant as shown in art. 3 para. 3 LStrl. In fact, in the context of the migration policy implemented by the Swiss authorities, it is worthwhile taking into account the demographic, social and socio-political evolution of Switzerland, without losing sight of the fact that the admission of a foreigner is an autonomous decision belonging to every sovereign State, made without prejudice to obligations related to public international law.

Therefore, the approval of the cantonal proposal is not justified even for reasons of opportunityGiven the aforementioned and the circumstances, the SEM believes that the arrival of the interested party in Switzerland, for the educational reasons invoked, is not justified.

Given the above, the SEM refuses authorization for entry into Switzerland and denies its approval to issue a residence permit for training in favor of Mr. xxxxx


Decide:

1 The authorization to enter Switzerland in favor of Mr. xxxx is refused.

2 . The approval to issue a residence permit for training, from par
Cantone Ticino, in favor of Mr. xxxxx, is refused.

State Secretariat for Migration SEM

Last edited by 3Wishes; 14.12.2019 at 20:44. Reason: removed real name
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  #23  
Old 14.12.2019, 20:49
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Re: Study visa got rejected

Okay, well, that's rather jumbly and a bit difficult to read. I had hoped that you would post it in the original language in which it was written.

But what I think it means is ...
  1. You have stated that you need to study in Switzerland because the quality of education here would be superior to what you could receive in Pakistan, and because it is prestigious to have studied in Switzerland.

  2. The Swiss immigration authorities are saying that they dismiss your reason because the studies you have already completed in Pakistan have already enabled you to work in the field of your training (i.e. you are not desperate for a course of study that cannot be had in Pakistan, or because what you've completed is not good enough in Pakistan, to get you employment).

  3. Therefore, the immigration authorities conclude that you don't "need" to study in Switzerland. (By contrast, some students are given permits to study here specifically because their own country does not have a university with that faculty.)

  4. In addition, they are counting it against you that the French authorities thought that you were applying for a study visa only as part of a general plan to trying to move away from Pakistan to come and settle permanently in Europe.

I would say that, against that, it would be very difficult to succeed in an appeal.
The kinds of reasons that could go towards a successful appeal might include your demonstrating such things as
  • that your field of studies is specialised and that the acknowledged centre of competence in that is here in Switzerland, although I think this argument would be more likely to be recognised for a doctorate or post-doc than for an undergraduate or a masters programme,
  • that something is significantly different in your circumstances and reasons from when you made that application in France
and probably much more importantly,
  • that your whole life it totally Pakistan-centred, and that being away to study will absolutely definitely be just a brief sojourn, and that you are completely committed to returning to Pakistan where you have responsibilities and duties and ongoing projects, and your family, and that you will be keeping up all that contact the entire time that you are away, and there is no chance at all that you will ever move away from Pakistan.
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  #24  
Old 14.12.2019, 21:02
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Re: Study visa got rejected

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Okay, well, that's rather jumbly and a bit difficult to read. I had hoped that you would post it in the original language in which it was written.

But what I think it means is ...
  1. You have stated that you need to study in Switzerland because the quality of education here would be superior to what you could receive in Pakistan, and because it is prestigious to have studied in Switzerland.

  2. The Swiss immigration authorities are saying that they dismiss your reason because the studies you have already completed in Pakistan have already enabled you to work in the field of your training (i.e. you are not desperate for a course of study that cannot be had in Pakistan, or because what you've completed is not good enough in Pakistan, to get you employment).

  3. Therefore, the immigration authorities conclude that you don't "need" to study in Switzerland. (By contrast, some students are given permits to study here specifically because their own country does not have a university with that faculty.)

  4. In addition, they are counting it against you that the French authorities thought that you were applying for a study visa only as part of a general plan to trying to move away from Pakistan to come and settle permanently in Europe.

I would say that, against that, it would be very difficult to succeed in an appeal.
The kinds of reasons that could go towards a successful appeal might include your demonstrating such things as
  • that your field of studies is specialised and that the acknowledged centre of competence in that is here in Switzerland, although I think this argument would be more likely to be recognised for a doctorate or post-doc than for an undergraduate or a masters programme,
  • that something is significantly different in your circumstances and reasons from when you made that application in France
and probably much more importantly,
  • that your whole life it totally Pakistan-centred, and that being away to study will absolutely definitely be just a brief sojourn, and that you are completely committed to returning to Pakistan where you have responsibilities and duties and ongoing projects, and your family, and that you will be keeping up all that contact the entire time that you are away, and there is no chance at all that you will ever move away from Pakistan.

Pertanto , per l ' altra parte ( la maggioranza ) dei ca termine degli studi non entra in linea di conto . In tali condizioni sono adempite - resterà di carattere ten cpv . 2 L Strl ) .

el candidati , l ' accesso al mercato del lavoro al in tali casi , il loro soggiorno in Svizzera - se le temporaneo ( cfr . condizioni generali dell ' art . 5

Visto il forte numero di stranieri che chiedono di essere ammessi in Svizzera per formazione o un perfezionamento , le condizioni d ' ammissione di cui all ' art . 27 LS
essere ammessi in Svizzera per seguire una essere osservate rigorosamente . Occorre evitare per quanto possibile il corso a soggiomi di formazione o perfezionamento allo scopo di eludere condizioni d ' ammission
are per quanto possibile il ricorso abusivo a severe .

Nel caso specifico , la SEM evidenzia in primo luogo come il Signor xxx ha gia consegue una prima formazione universitaria in Pakistan Al riguardo , la SEM rileva che il Signor Salman ha ottenuto un Bachelor in Software Engineering Non risulta alla SEM , ne è preteso dall ' interessato , che il proseguo di tale formazione in patria sia impossibile .

Secondo la SEM , non è quindi data la necessità d ' intraprendere degli studi in Svizzera . Difatti , benché la SEM comprenda il desiderio del Signor Salman di studiare in una scuola svizzera il cui prestigio sia riconosciuto a livello intemazionale e nonostante la qualità dell ' istruzione elargita sia - stando a quanto preteso dall ' interessato - di livello superiore a quello degli atenei in patria , ciò non costituisce un elemento sufficiente ad accogliere la domanda .

Dati questi elementi , occorre esaminare la presente richiesta dal profilo dell ' opportunità

La SEM rileva come la formazione seguita dall ' interessato ed i diplomi ottenuti in patria gli hanno permesso di intraprendere un ' attività professionale . Lo stesso lavora difatti quale Junior Software Engineer presso la società Interactive Technologies Gateway

Ancora , va rilevato come nel recente passato all ' interessato è stato rifiutato il rilascio di un visto di lunga durata per studi da parte delle autorità francesi . Queste ultime non avevano potuto escludere che il previsto soggiorno per formazione avesse carattere abusivo .

Infine , agli interessi personali del richiedente si oppone l ' interesse pubblico come risulta dall ' art . 3 cpv . 3 LStrl . In effetti , nel contesto de la politica migratoria attuata dalle autorità elvetiche , conviene tenere conto dell ' evoluzione demografica , sociale e sociopolitica della Svizzera , senza perdere di vista che l ' ammissione di uno straniero è una decisione autonoma appartenente a ogni Stato sovrano , fatti salvi gli obblighi legati al diritto internazionale pubblico .

Pertanto , l ' approvazione alla proposta cantonale non si giustifica nemmeno per dei motivi di opportunità

Considerato quanto suesposto e insieme delle circostanze , la SEM ritiene che la venuta dell ' interessato in Svizzera , per le ragioni formative invocate , non si giustifichi .

Visto quanto precede , la SEM nfuta rautorizzazione d ' entrata in Svizzera e nega la propria approvazione al rilascio di un permesso di dimora per formazione a favore del Signor xxxx





Thank you for replying.

as you see while canton already approved my application and granted me residence permit then why SEM has problem because canton is responsible for to issue residence permit.
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  #25  
Old 14.12.2019, 21:16
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Re: Student visa for non-Eu

The Cantonal permission has been overruled by SEM, which they have the right to do.

When I applied for nationality it was approved first by the commune, then the Canton and finally by Bern. All three are necessary, not two out of three.

In your case you have to give SEM some very good reasons why their concerns are not valid, and why your application be approved.

Permits for non-EU are very limited, something like 8,000 a year. They need to be diligent to ensure the best candidates get the limited papers. And when I say best, it is what is best for Switzerland, not what is best for the applicant.
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  #26  
Old 15.12.2019, 08:30
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Re: Student visa for non-Eu

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The Cantonal permission has been overruled by SEM, which they have the right to do.

When I applied for nationality it was approved first by the commune, then the Canton and finally by Bern. All three are necessary, not two out of three.

In your case you have to give SEM some very good reasons why their concerns are not valid, and why your application be approved.

Permits for non-EU are very limited, something like 8,000 a year. They need to be diligent to ensure the best candidates get the limited papers. And when I say best, it is what is best for Switzerland, not what is best for the applicant.

Noted.

It means there is no chance to get visa through appeal?
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  #27  
Old 15.12.2019, 08:51
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Re: Student visa for non-Eu

You have the right to appeal but I would manage my expectations. If you do, make sure your appeal is founded on specific articles.

I think the most straightforward way for you to move to Europe (assume you are flexible with location given you previously applied for a French student visa) is through an in-company transfer from Pakistan.

Otherwise try the UK? Huge Pakistani diaspora there and the UK has a completely different approach to immigration than the rest of the Schengen zone countries.
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  #28  
Old 20.01.2020, 23:52
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Re: Student visa for non-Eu

Hello,

I filed my appeal against SEM decison in FAC Federal administrative court St gallen after 3 monthes court transferred my appeal to again SEM to ask new decison for my student visa.

any one know why they transferred my appeal to SEM However, I filed appeal in court so i also expect decison from court but why court transferred my appeal to SEM to ask new decison?
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