Portugal visa rejected. How to re-appeal the decision?
I have been working in Portugal for more than 3 years now. My mother applied for a friend/family vist Schengen visa to visit me and my wife in Portugal since we are expecting a child. However, the Portuguese embassy in Pakistan denied the visa stating the following reason:
Your intention to leave the territory of the Member States before the expiry of the visa could not be ascertained.
My mother retired from her job in January 2018 and she is a housewife now. She mentioned it in her visa application. However, I assume the embassy is of the view that my mother may not return once granted the visa. Although, she does not have any such intention.
Now, we want to appeal the decision. Can anyone help us what we should do to prove the embassy that my mother will return back after the visit. My mother is not working now but I have my whole family back home (my father, sisters) so she will never stay more than the allocated days.
How should I proceed in this situation?
Thank you.
Best Answer
It is usually not worth appealing. Instead, you can reapply with more information about how your mother supports herself or who financially supports her, and more evidence showing her home links.
For example, if her husband is still working, or if they live on his pension, did you supply information about that? If her husband is remaining at home while she travels, that would be normally considered a strong reason for her to return.
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How do I appeal a visa refusal in Portugal?
Bring an action to competent court (Administrative Court, Lisbon, Article 22 by suppletion, CPTA), within three months of notification of refusal (Articles 69 and 59 Administrative Court Process Code, CPTA) requesting the overruling of the refusal, and the granting of the required lawful act.Can I appeal if my visa is rejected?
There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa.Can you reapply after visa rejection?
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 do I appeal a rejected Schengen visa?
Generally, you'll submit your visa rejection letter at the Embassy or Consulate of the Schengen Country you plan to visit. After doing so, a higher-ranking officer who deals with Schengen visa appeals/visa rejection letters will decide whether or not the decision on your visa application's denial should be reversed.Schengen Visa Appeal Process and Letter for Refusal (Europe Visa)
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Answer 2
Appeals are generally limited to considering whether the decision was correct based on the information available to the original decision maker. It is therefore usually not possible to introduce new evidence on appeal.
Therefore, your appeal is likely to be unsuccessful. Instead, you should reapply, following the advice in nkjt's answer to develop a stronger application.
Answer 3
General advice for this kind of refusal is to try to address the reason by changing something about your life (get a job, go to college, etc) . This will be quite difficult in this case as the applicant is retired and that's not likely to change.
Given it is important to you to have the extra family around for the new baby, it is likely to be worth finding a lawyer in Portugal who is experienced in immigration law and pay them to help you appeal.
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