Refusal of family reunification and how to appeal ?

tabunama Active member

Member since 28 February 2022

tabunamaActive member12 July 2022 14:04:31

Dear friends,

I have applied for d visa ( with work permit and annex 46 ) and family reunification for my wife and baby since March.

Today I received the deed of notification, stating that the decision to refuse the issue of visa for my wife and baby in accordance with articles

1 execution agreement of the Schengen agreement 1985.

2 act of 15 December 1980.

I emailed the embassy and they said my application is still with immigration for advice.

How I can appeal to the refusal?

It showing in the letter I can appeal within 30 days to council for alien law litigation?

Thank you all in advance

Taher

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR12 July 2022 21:49:45

1739

Hello,

unfortunately, there's no point to think about appealing if you don't even know the reason why the visa(s) were denied...

You've to wait for the document that state the reasons why.

And 99.99% of the time, they respect the laws and an appeal is useless... (low salary, insurances, place to stay, ...)

So wait and see for now...

tabunama Active member

Member since 28 February 2022

tabunamaActive member13 July 2022 18:35:51

@AlexFromBelgium thank you Alex for your reply. As always you give insight to the case.

I inquired from the Embassy regarding the reasons of rejection, they said we do not have a south African permit.

As I am foreigner living and working in South Africa.

However we submitted the renewal receipts as visa renewal applications in South Africa home affairs take long time.

I attached as well a notification from South Africa for giving a blanket temporary extension for all applications who are waiting for the outcome of their renewal applications.

"Foreigners who are waiting the outcome of visa applications are granted a blanket temporary extension until 30 September 2022."

Note that my d visa application still in process. Only my wife and baby applications were rejected.

Could you advice how we can overcome this and notify the immigration office in Brussels as all conditions were fulfilled except this one which is out of our control.

Below is last email from the Embassy after I emailed them and explain to confront the rejection reason:

"We will verify the visa application files once we receive them at the Embassy together with your email exchange of today.

Only then we will be able to advice your further."

I honestly don't understand exactly what they mean.

I emailed just right now the info desk.

What you think I can do as well ? Honestly we are stuck, all documents were provided with preparation since early this year. However the South Africa renewal visas we didn't expect to be the reason as we attached the renewal receipts and till now we still waiting for south Africa permit to be renewed.

Still the contract of the work in Belgium is for three years, why they need valid permit here as by that time we won't come back to South Africa.

Thank you very much in advance,

Taher

tabunama Active member

Member since 28 February 2022

tabunamaActive member27 July 2022 09:47:50

@AlexFromBelgium

Dear Alex,

I emailed infodesk two weeks ago. Today, I received their reply:

Dear,

In answer to your question, I must inform you that the law for the protection of privacy doesn’t allow us to communicate data from individual files to third parties. The decision together with the rejection motives are communicated to the visa applicant by the diplomatic mission.

If the visa applicant received a negative decision, the applicant has the possibility to lodge an appeal against the decision at the ‘Council for Aliens Disputes’ (RVV) or to apply for a visa again, taking into account the reason for refusal. (It is not enough to transfer missing documents to start one of these procedures.)

In only a few cases can you request a review and this request remains a favour to our services and is therefore not a right. More info: Verzoek tot herziening | IBZ

More information about the visa procedures can be found on our website:

Beroep | IBZ

Information ‘RVV’: Raad voor Vreemdelingenbetwistingen, Rue de la Gaucheret 92-94, 1030 Brussels, Tel: 02 / 791.60.00 - Fax: 02 / 791.62.26 - e-mail: info.rvv-cce@ibz.fgov.be

Or,

https://dofi.ibz.be/nl/themes/ressortis … herziening

https://dofi.ibz.be/nl/themes/faq/beroep

With kind regards,

IN THE ATTACHED WEBSITE FOR REQUEST FOR REVISION:
"

The request for a review of a refusal of a request for family reunification is not a right, but a favor granted by the Immigration Office in the following three situations :

The applicant presented a rental contract , but no proof that this rental was registered. The review of the decision is possible even if the registration predates the decision ;

The applicant has submitted a certificate from the health insurance fund , but not in the required form . Certificate from the health insurance fund – Standard form

The applicant is a minor traveling alone but has not presented parental consent .

The application and supporting documents must be sent by email to the Immigration Department (Family Reunification Department) within three months from the date of the decision .

Three cases for revision request, however my case is different but I'll submit a revision request.
My concern is about the rental contact and the registration as i am not in Belgium yet. The embassy before the rejection decision of family reunification asked to provide hotel booking (+30days) or rental contract. At that time I submitted booking of a hotel, but now it expired already.
The only reason mentioned for rejection was not having a south African residence permit.

Considering my case (i hope i explained it), should I submit a request for revision or do i need to do rental contract/booking again.

What you advice please.

Regards,

Taher

Grace Great Active member

Member since 18 August 2022

Grace GreatActive member18 August 2022 23:52:05

@tabunama with the little knowledge I've gathered so far (I'm also going through the family reunification process), to make your case stronger, you'll need to submit an actual appartement lease contract, signed in your name.

It is a stronger evidence of accommodation than a hotel booking.

likeaen Active member

Member since 17 August 2021

likeaenActive member19 August 2022 10:26:28

Hi, the rental contract is not enough. It should also be registered. Our family reunification process was on hold until we registered our house with the landlord. So this is an important detail.

azeemkzn New member

Member since 26 August 2022

azeemkznNew member26 August 2022 11:48:54

Hi everyone, request for kind advice. My wife is a Master's student in Belgium and applied for family reunification visa for our 3 children, and I have a full time job in Qatar and will continue to stay here. Though we have provided the financial certificate/block account at university (1600 euros per month, as per last year's rule) plus financial supporting documents from my side, unfortunately we have received refusal.

I have two questions -

1. can we appeal with latest financial certificate (1850 euros per month) and having about 25K euros in the bank account? Or have to re-apply?

2. does having money in bank account help or it should be in form of some fixed deposit with the bank or any government funds, to give them confidence that we have sufficient financial means to support the family? does this help?

Thank you in advance

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR26 August 2022 20:26:36

1739

Technically you didn't respect the laws, so doing an appeal is absurd.

You'll have to do a new application and improve the file.

Now, the problem is that your wife is a student.

So by default, she doesn't have stable regular, stable and sufficient financial resources as she doesn't work (yet).

And the law states that it's the inviter in Belgium that must provide for the financial support of the joiner.

Money on the bank account is useless as not stated in the laws.

What matter is to have a stable job, with suffisant income and... the yearly tax income (so after 1 year of work)

So technically, I'd say that in your case, it would be way easier & faster for you to find a job in Belgium and a company willing to do the single permit. (+/- 3-4 months)

azeemkzn New member

Member since 26 August 2022

azeemkznNew member05 September 2022 18:52:09

Dear Alex,

Thank you for your kind response. I may try to find a job in Belgium in sometime. In the meanwhile we were trying to convince the university to have the maximum amount blocked into my wife's university account and fortunately we have got the exceptional approval from university to deposit 43440 euros. I will take your advice and resubmit the application shortly.

Just a question, I had submitted the children custody consent letter legalized by Embassy of Belgium in Qatar (dated 05th March 2022) along with the previous application, can I submit the same with the fresh application or do I have to legalize the letter again?

Thanks in advance.

Regards,

Azeem

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR05 September 2022 21:23:06

#10

1739

Well a deposit is fine, but she's still a student that doesn't have a stable job and regular incomes...

I don't think it's gonna work........ it doesn't respect the points stated in the laws...

As long as she's a student, I highly doubt it would work...

The option that you find a job in Belgium and a company willing to invite you seems way faster, easier & more secure! (4 months for a single permit compare to 9 months for a family reunion that might fail...)

Yes indeed, you have to do new document, not older than 6 months. So technically it's been 6 months, you've to do new one...

MJVss New member

Member since 10 May 2022

MJVssNew member05 September 2022 23:40:21

#11

@AlexFromBelgium hi Alex. Do you think it is still almost impossible even with scholarship? I have a full scholarship with monthly allowance. I am thinking if doing the same what @tabunama did. I will deposit to university blocked account the amount (1900 minus scholarship monthly allowance) as proof of subsistence for the family. Thanks in advance.

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR06 September 2022 21:39:22

#12

1739

Well... they're so annoying with students... because they don't have stable, regular and sufficient means of subsistence...

Technically, incomes of other family members could be accepted in case of student if they're allowed to stay legally in Belgium.

I would ping an immigration lawyer if I were you... (have your file ready before going or you'd lose money for no reason)

ruudvaa10 Member

Member since 29 September 2022

ruudvaa10Member18 October 2022 19:28:41

#13

Hi,

What Annex number can i request from the commune after appealing a refusal decision of residence as non EU national (UK nationals)?

Your advice is highly regarded.

Thank you

GuestPoster347 Guest

GuestPoster347Guest20 October 2022 13:39:42

#14

@AlexFromBelgium hi Alex does my spouse need to register his foreign marriage certificate as he is a Belgian before the start of the application please ?