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Family visa appeal to refusal

Dear All,
Is anyone did appeal to family reunion visa refusal and get positive answer? Please share your experience. Today I found on dofi.ibz.be. my visa status changed into WEIGERING/Refusal after 6months waiting.
My husband has been living in Belgium for 17 years. He had got 5years of B card when i started applying. A week ago he has got belgian nationality.

Thanks for your time.

It's sad. But in the majority of cases, the refusal of the visa stemmed from a wrongly prepared file. Have you checked that you provided everything? If your husband now has Belgian nationality, it would be best for him to go to the city hall administration to ask for clarification.

Our refusal reason is:

the applicant's husband had failed to provide sickness insurance covering the ri as required by Article 40 ter of the law of 15/12/1980 on access to the territory, Residence, the establishment of foreigners. The visa is refused, erante can not avail itself of the provisions provided for in art.10, S1er, al.1 4 5 ° or 6o, or in art 10bis, S2 oi of 15/12/1980 on access To the territory, residence, reinstatement and removal of aliens modified 011. Indeed, the joint does not provide proof of a health insurance covering the risks in and members of his family.

What to do now?

It's exactly what I told you before. 90% of visa rejection are under responsibility of people themselves. Your husband and you screwed completely your visa process.

You didn't take a health insurance (https://www.axa-schengen.com/mobile/en).

And he didn't not proof enough money to take care of you.

So you have to restart everything...

Is it insurance of my travel? Can i do it my own country or do my husband do it for me in Belgium?
Is it different from mutualitiet?

Yes, you can take this insurance online.

It's completely different from the mutuelle. The mutuelle is only when you will have the resident card.

And so long you aren't covered and fully registered by Belgium administration, you have to keep it.

Exactly. You must purchase an insurance for the initial period (till you have the residence card and till you are subscribed to a mutuality). You can purchases this from your home country. Some consulates have a list of approved insurance providers for schengen visa application. Check with your consulate if they have such a list.

My refusal letter is written by french. I cant catch exact reason and what should i prepare for the appeal. Im not sure for the translation.
If you dont mind could you help me find out refusal reason please.
I put photo on that link.

http://prnt.sc/en1bid

Actually now that your husband is a Belgian citizen, the documents required will be different than what was submitted for the first application. So no use thinking of an appeal, its useless anyway since the mistake was yours to begin with.

Instead of appeal, why not to consider a new fresh application (as your husband status changed from your initial application to now). So in my humble opinion, a fresh application with all required documents will be the best thing to do. Is there a cooling-off period before you can submit a new application with the consulate ?

My wife has applied for Belgium visa for family reunification. I have provided her with a certificate from my insurance company that they will cover her insurance after she arrives here. Does she also need to buy additional insurance for the trip or for the initial period? Thanks in advance!

Hi Kulmakwana,

If the certificate of the insurance states the date of the coverage period from the day of her arrival, then your wife may not need an additional insurance.

The rule is simple. If your wife reports to the commune within 8 days of her arrival, you can always ask the commune personally. If the staff said that she needs additional insurance coverage, you can buy it online or through your insurance company and submit it later.

In some cities, the commune asks for the health insurance immediately whereas, in some other administrative offices, the person applying for family reunion submit it a few months later when the commune asks for it.

I have written one article about health insurance for family reunion purpose. I am not sure whether it would help you in any way.
liveinbelgium.be/international-travel-health-insurance/

Hi everyone .

Can someone please suggest a way forward for my issue.

My wife is in India and am in Belgium,to process dependent visa I get to know that BC is mandatory.

The issue here is her DOB in BC is Xx-YY-1984  and in passport and all other documents it is XX-YY-1983.  As birth certificate is mandatory and they compare it against passport ,I feel it will lead to confusion and rejection.

We couldn't correct the dob in passport ,as there is a government rule to not to change dob for the passport that has been issued 5 years back.

Can someone help here on this please.

IMHO this will be an issue. You have to get her birth certificate corrected. It is a real complex procedure in India.

You may consult a civil lawyer (who specializes in immigration and/or civil registration) for suggestions or procedure.

BR
Aneesh

Hi Aneesh,

I am from India, my family reunion visa got rejected after 6 months of waiting period. I haven't received the letter yet from vfs but, i got to know through the not-positive message and checking through the dofi website. I am thinking of a re appeal. Do you know if any of your friends went through such experience?

what is the procedure to re appeal and how long does it takes to have the result? Can we do it via mail or should we go to vfs to submit the remonstration letter?
Kindly share your thoughts

Thanks a lot in advance,

Hi DL0711,

99% of the time, the visa refusal is due to a poorly prepared file. Therefore, first wait for the official document stating the reasons for the refusal. Then rectify the errors and represent it again.

Hi,

Thanks a lot for your response. I am just wondering what would be the procedure to reappeal? Do you have any experience on it? If so, please do share it with me.

It's the same thing. Wait until you receive the official document. It will provide the necessary information for the representation of the file. Just one last advice, do not ask a lawyer, the Belgian administration hates this.

Hi,

I completely agree..I am not in favour of the idea to go to the lawyer as well. firstly, costs a lot of money.Secondly, i dont know how long it would take if we go via court.
I gave a call to the immigration dpt, they informed that it is only possible to reappeal via the court of Brussels through a lawyer..Not sure if this is the only way exists :(
I would be much relieved if i can send a letter to the embassy or a mail or even in person...Do you have any idea how it works?

Appeal - As one spouse is here, it must be possible in Belgium, again through a lawyer. If the immigration department suggested this is the way, then it must be the way. You may also write to Belgian consulate in India and ask if it is possible to appeal there (by the applicant).

Another approach: Wait for the rejection letter, understand what is the reason of rejection (what document was missing that could not prove what point) and re-apply with a more solid file/paperwork.

Hi

Do children get denied of the familly reunion visa ? I want to live with my parents in belgium and I applied in february

It is better if you'll start a new application because if you appeal it will maybe takes time and you are not sure if they will consider your case. So better to start new application. Plus, you'll also spend much money on paying the lawyer.
Your husband needs to go on his mutualiteit and get insurance for you under his name. It is different from the travel insurance. May I know from which country you are?

Please for an on going application processing for over four months now... can the spouse in Belgium submit this insurance through email or fax to avoid this refusal??? Please help out!!!

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