Schengen visa application rejected, here is the procedure for appealing against the decision

According to the French Public Service, the Schengen visa refusal rate in France was around 10 % in 2019. However, it is important to note that this rate can vary considerably depending on the applicant's country of residence and the reason for travel.

If your Schengen visa application has been rejected, you can appeal this decision by sending a letter of appeal to the embassy or consulate that processed your application. This procedure is called recours gracieux. In this letter, you must explain why you feel the refusal decision is unjustified, and present new evidence or elements from your file that could support your claim. It is important to note that an appeal must be lodged within two months of notification of refusal.

Read also: The main reasons for refusing a Schengen visa, and how to avoid them.

If you receive a negative response to your appeal, you can appeal to the Commission de recours contre les décisions de refus de visa d'entrée en France (Appeals Commission for French entry visa refusals) or its equivalent in the Schengen country where you applied for your visa. This commission is responsible for checking that the decision to refuse you a visa has been taken in accordance with the rules and laws in force. You can also appeal to an administrative judge to contest the refusal decision. However, it is important to note that these appeals must be lodged within two months of the refusal notification. If you have not received a reply from the embassy or consulate within this period, this constitutes an implicit refusal. In this case, you also have the option of appealing against the decision.

It's common for Schengen visa applications to be rejected by consulates, particularly in certain countries. In Algeria, the country with the highest number of Schengen visa applications in Africa, only 384,302 visas were granted out of more than 700,000 applications in 2018. This means that almost half of all applications were rejected.

Morocco ranks second in Africa in terms of Schengen visa applications, with 500,000 visas issued in 2018 and 160,000 applications rejected. These figures show that Schengen visa applications can be rejected for a variety of reasons, including a lack of evidence of sufficient financial means, a lack of strong links with the country of residence or an invalid reason for travel. It is important to note that these figures represent only a fraction of the Schengen visa applications that are submitted each year. In 2019, 15 million short-stay visas were issued out of a total of 17 million applications.

Visa refusal, what to do? Your options.

If you have received an explicit or written refusal for your Schengen visa application, you have two options:

1. Apply for a new visa and pay the consular fee again. This may be a good option if your first application was rejected because of errors in filling in the application form, or because you submitted invalid or illegible documents.
2. Send a letter of appeal to the consulate within 2 months of notification of refusal. In this letter, you can explain why you feel the refusal decision is unjustified, and present new evidence or elements from your file that could support your application. This procedure is known as recours gracieux, and enables you to appeal the refusal decision amicably.

Visit refusal decision can also be appealed through theother proceduressuch as a appeal to an appeals board or an administrative judge. However, it is advisable to consult a lawyer or legal advisor before deciding to appeal a Schengen visa refusal decision through other procedures, such as an appeals commission or an administrative judge. These procedures can be complex and often require professional assistance. If you decide to appeal a refusal decision through these channels, it is important to respect the deadlines and procedures in force, which may vary depending on the country where you applied for your visa.

Example of a letter of appeal against a Schengen refusal if you have received a notification of refusal with a reason :

Example of a letter of appeal against an explicit refusal of a Schengen visa if you have not received a notification of refusal with a reason:

Recommendations on how to write a letter of appeal against the refusal of a Schengen visa

Here are some tips for writing a letter of appeal against the refusal of your Schengen visa:

1. Be respectful and polite in your letter. Use polite expressions such as "Madame, Monsieur" and "je vous prie de bien accepter l'expression de mes salutations distinguées".
2. Provide essential personal information, such as your full name, passport number and address.
3. Clearly explain the reasons for your trip and the documents you have provided in support of your request.
4. If you have received an explicit notification of refusal, state the reason for refusal and explain why you think there was an error in the decision taken.
5. If you have not received an explicit notification of refusal, please indicate that you have waited for the legal deadline before appealing your application.
6. Attach a copy of the notification of refusal and all the documents you provided with your initial application.
7. Ask the consulate to provide you with the reasons for refusal, so that you can correct any errors or misunderstandings that may have occurred during your initial application.
8. Reread and check your letter before sending it to make sure it is well written and contains no spelling or grammatical errors.

Unsuccessful informal appeal, next steps

If your appeal does not receive a favorable response, you may decide to appeal the decision to refuse your Schengen visa to the "Commission de recours contre les décisions de refus de visa d'entrée en France", or its equivalent in the Schengen country where you applied for your visa. This must be done within two months of receiving notification of refusal.

To appeal a refusal decision, you will need to complete an appeal form and provide a copy of your refusal notification, together with all the documents you provided with your original application. You will also need to submit new information and justifications to support your claim.

Before appealing against the refusal of your Schengen visa, you are advised to consult a lawyer or legal advisor. He or she can advise you on the steps to take and help you draft your appeal.

If your appeal to the Appeals Commission does not result in a favorable decision, you may appeal the decision to refuse your Schengen visa before an administrative judge. This must be done within two months of receiving the refusal decision from the appeals committee.

To appeal the refusal decision to an administrative judge, you will need to lodge an appeal with the relevant court. You will also need to provide a copy of the notification of refusal of your visa, as well as all the documents you provided with your initial application and your appeal. You will also need to submit new information and justifications in support of your application.

Be aware that appeals to an administrative judge are not guaranteed to result in a favorable decision. You must therefore be prepared to accept the refusal of your Schengen visa and reconsider your travel plans if necessary.

You can hire a lawyer or a member of your family residing in France for this procedure.

Main reasons for refusing a Schengen visa

There are many reasons for refusing a Schengen visa, but the most common are as follows:

1. The authorities consider that the applicant may endanger security in Europe or in the territory of the requesting country.
   If the visa applicant's criminal record is poor, this will certainly be one of the reasons for refusal of a Schengen visa.
   Refusing to travel to Europe for this reason is one of the most common reasons for an alert not to be entered in the Schengen Information System (SIS).
2. Bank account, documents proving the applicant's employment or income, or falsified travel documents (hotel reservations, etc.).
3. Insufficient financial resources If the applicant is staying in a hotel, he/she must guarantee at least 65 euros per day for the period of validity of the visa. Half this amount if staying with a relative or others.
4. Failure to respect the duration of a Schengen visa beforehand.
5. Breach of a visa can lead not only to refusal of the visa, but also to a ban on entry into Schengen countries of between one and 3 years, and the period of ban on entry into European territory can be longer.
6. The absence of a travel insurance certificate or valid illness.
7. Applying for a visa at the wrong embassy.
8. Inadequacy between the purpose of the trip and the type of visa requested. For example, if you are applying for a tourist visa but your real purpose is to work in Europe.
9. Errors in the visa application form or in the documents provided. If you have made errors or omissions in the visa application form or in the documents you have provided, your visa may be refused.

This list is not exhaustive, and other reasons for refusal may also be given. If you receive notification that your Schengen visa has been refused, it is advisable to read the reasons carefully to understand why your application has been rejected and how to remedy the situation.

Read also: The main reasons for refusing a Schengen visa, and how to avoid them.

In short, if you have been refused a Schengen visa, you can try to apply for a new visa, or lodge a letter of appeal with the consulate. If this does not result in a favorable response, you can appeal against the decision to refuse your visa to the "Commission de recours contre les décisions de refus de visa d'entrée en France" or its equivalent in the Schengen country where you applied for your visa, before appealing to an administrative judge. It is advisable to consult a lawyer or legal advisor before appealing against the decision to refuse your Schengen visa. However, it is important to remember that appeals to an administrative judge are not guaranteed to result in a favorable decision, and that you may have to accept the refusal of your visa and reconsider your travel plans.