Germany family visit visa refusal and new tourist visa application [duplicate]

I had applied for a family visit visa to Germany to visit my husband who is a student there. The basis of rejection were

8) the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.

your declared travel purpose is not understandable regarding your submitted documents or your information during the interview.
the existence of your family relationship is not proved

9) your intention to leave the territory of the member states before the expiry of the visa could not be ascertained.

-you did not submit documents which confirm stable financial background -the documents you submitted do not allow a positive conclusion as to the existence of a secured background or sufficient family relationship.

also i received comments stating as per my information:

BE ADVISED THAT YOU MAY APPLY FOR FAMILY REUNION WITH YOUR HUSBAND WHEN IT IS LEGALLY POSSIBLE. IN THAT PROCESS YOUR MARRIAGE DOCUMENTS WILL BE CHECKED. UNTIL THEN IT WILL NOT BE POSSIBLE TO ISSUE A SCHENGEN VISA.

with all this being stated the reason i applied for family visit and not tourism since i felt that applying for a tourism could create a red flag earlier since my husband was already in Germany. I worry that if i apply for a tourist visa now it will get rejected too since somehow they feel i have intentions to stay with my husband and not return whereas the only reason i wish to go is to enjoy my stay for a few days n come back since I am already enrolled a student in my home country. Should i apply for a new application for a tourist visa or sit back ! i fear of getting rejected also it shouldn't look for my desperation. Please help

I am still confused whether i should reply them through remonstrance or apply for a new visa.... Also i have only a few days to go for remonstrance since i received the rejection quite later than the issuance I do not have a lot of time only a week maybe.....

I do not wish to ask the details for rejection instead i wish to know the best practice in reply as to go for a new category or stay stay stick to it

Best Answer

(Disclaimer: I am not a lawyer and not an immigration expert. The following answer is based on common sense and the information provided by the asker of the question).

Do not reapply under a different visa category after a rejection if the reason for the planed trip has not changed and the original category was the correct one.

Regardless of whether reapplying is legally possible, it casts serious doubt on your credibility as an applicant, which makes you unlikely to get a visa.

It also would not be useful in your particular case, for the following reasons.

From the rejection letter, you can see that the embassy did not quite understand why you wanted to do this trip. This is probably a matter of miscommunication, which you want address. While it could be the fault of the embassy, the discussion in the comments indicates that you are inexperienced in formal communication (e.g., you asked "why students cannot call for their spouse on family visits" even no information was ever given that indicates this). For this reason, you may want to seek help in compiling a fresh visa application. Perfect would be an immigration lawyer, which is not cheap, though. As a second best option, get a friend with experience in successfully applying for visa to check your documents (and story) for understandability and completeness.
You have been given the comment that you need to provide a marriage certificate. So when you re-apply, provide it. Your question indicates that you did not perceive this as a show-stopper as you did not comment on this, but it really is.
The additional reason "your intention to leave the territory of the member states before the expiry of the visa could not be ascertained." was given. It is highly unlikely that they would give you a tourist data if they weren't happy with this earlier. This is why another user gave a link to this question in the comments, which explains what this means and how it can be addressed. The question is actually about two visa rejection cases, whereas the second one is exactly the one that you got. Without taking care of this reason for visa rejection as well, you will not get a visa, so read that thread carefully. If you applied for a tourist visa now, it is likely to be rejected for the very same reason (without additional documentation or a change of your circumstances).

So your best bet is to address the points for rejection and try again (or decide not to try). Even better would be to get professional help, though.

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Can I reapply if my visa is refused?

Yes, you can apply if you have detected a mistake in your visa application. However, a country's immigration department may ask you for the copy of your refusal to enter the country before giving you the permission to reapply. If the reasons for the visa refusal are satisfactory, you will be allowed to reapply.

How many times we can apply for visa after rejection?

There is no mandatory waiting period for re-application \u2013 unless otherwise noted, you may apply again for a visa at any time after your first rejection. However, sending the same application a second time without additional information is likely to result in rejection for the same reasons as the first.

How soon can I reapply for tourist visa?

Do refused applicants have to wait three to six months before reapplying? There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.

Do embassies know about visa refusal in other countries?

The embassy doesn't track your refusal, CLASS does. That's a database accessible to every American consular officer in the world at the click of a mouse, so it's not just the embassy where the visa refusal takes place.

Germany visa approved after refusal

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