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Migration law services

1. What is a remonstrance?

A remonstration is an opportunity to appeal against the rejection of a visa application. A remonstration can be submitted independently by the applicant if the application has been rejected or certain conditions have not been met. It offers the opportunity to review the decision and, if necessary, revise it.

2. What are the reasons for a remonstration?

There are various reasons why a remonstration can be submitted, including, for example, new evidence or information available at the time of were not available at the time of submission or lack of consideration of individual Circumstances.

3. How does a remonstration work?

The process of a remonstration may vary depending on the country and visa category, but in general there are the following steps:

  •  Submit a written objection to the relevant visa or consular office.

  • Examination of the remonstration by the visa authority and, if necessary, review of the decision.

  •  Notification of the result of the remonstration and, if applicable, issuance of the visa or renewed refusal with reasons.

4. Rejection due to unwillingness to return

The refusal of a visitor visa due to unwillingness to return is the most common reason for visa rejection, especially in the Schengen area. Often this reason is checked without further explanation.

In such cases, a remonstration must usually be submitted in which It is explained in detail why the assumption of a lack of willingness to return is unfounded. The applicant must convincingly demonstrate that he or she is both personally and economically closely connected with the home country. Family ties, caring for employees dependents, professional activities, property such as real estate and assets relevant factors.

It is important to stress that these aspects are only rough indications. Let Ultimately, it is about proving a deep connection to the homeland in order to to exclude the risk of non-return. 

Persons who are unemployed and have no family ties or property often have less chance of a positive assessment of their return This is because the visa authorities assume that due to Lack of ties leads to a negative prognosis regarding the willingness to return Although this may seem unfair, it is a common Practice.

5. Tips for a successful remonstration

To increase the chances of a successful remonstration, the following tips should be followed be noted:

  • Complete and precise statement of the reasons for the remonstration.

  • Submission of all relevant documents and evidence supporting the remonstration.

  • Compliance with all deadlines and formal requirements for submitting the remonstration.

6. Importance of professional support

 In complex cases or when the reasons for the visa refusal are unclear the support of an experienced lawyer can be helpful for Migration law will be crucial.

7. What are the chances of success of a remonstration?

The chances of success of a remonstration vary from case to case and require an individual assessment. It depends primarily on the reason why the visa was rejected. If the visa was rejected due to a lack of willingness to return, the chances can be assessed based on the criteria mentioned. The stronger the applicant's connection to their home country, the greater the chances of success of a remonstration. 

What should I do if a remonstration decision is negative?

If a remonstration decision is negative and the visa is rejected again, the only option left is to file a lawsuit with the Berlin Administrative Court. However, legal representation is required for a lawsuit. The applicant can file a remonstration independently without legal assistance.

9. Remonstration or complaint?

A remonstration is much more time-saving and less expensive than a lawsuit. If a remonstration decision is also negative, the last option is to file a lawsuit. It is therefore advisable to first carry out the remonstration procedure before filing a lawsuit.

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