Schengen visa refusal? See how to appeal effectively and increase your chances

Receiving a Schengen visa refusal is always disappointing, especially when travel plans – whether for tourism, business, or family – were already advanced. Many people give up in this situation, unaware that the consul’s negative decision doesn’t have to be final. There is a right to appeal, and a well-prepared letter can genuinely change the outcome. What are the most common reasons for refusal, and how to write an effective appeal against a visa decision?

Why did you receive a refusal? Understanding the reasons

The first step after receiving a refusal is to thoroughly understand the reasons behind it. The consul is obliged to justify their decision by indicating specific points on the standard refusal form. The most common reasons include:

• Justification for the purpose and conditions of the intended stay was not provided: e.g., inconsistency between the purpose of the visit and the documents presented (hotel reservations, invitations).
• You have not provided proof of sufficient means of subsistence: Lack of documentation proving sufficient funds to cover the costs of stay and return.
• Your intention to leave the territory of the Member States before the expiry of the visa could not be ascertained: The consul fears the risk of illegal migration (e.g., due to lack of strong ties to the country of origin – work, family, property).
• A false/counterfeit/forged travel document was presented: The passport is damaged, outdated, or forged.
• You have not provided proof of holding adequate and valid travel medical insurance: The policy does not meet the requirements (e.g., minimum coverage amount of EUR 30,000, territorial scope).
• You have already stayed for 90 days during the current 180-day period on the territory of the Member States: The allowed stay limit has been used up.
• An alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry.
• You are considered to be a threat to public policy, internal security or public health.

Understanding the specific reason(s) is crucial for preparing effective arguments in the appeal.

The right to appeal – your chance to change the decision

According to the EU Visa Code, every person refused a Schengen visa has the right to appeal this decision. Information about the appeal procedure, including the deadline and the competent authority to submit it, should be included in the refusal form.

• Deadline: Usually 14 days from the date of receiving the refusal decision. This is a critical deadline that must be strictly adhered to.
• Place of Submission: The appeal is usually submitted to the same authority that issued the decision (i.e., the consul at the specific diplomatic post).
• Form: A written form is most often required.

How to write an effective appeal against a Schengen Visa refusal?

Simply expressing dissatisfaction is not enough. An effective appeal should be factual, well-argued, and, most importantly, should directly address the reasons for refusal.

Structure and Content of the Appeal:

1. Personal Details: Your first name, last name, date of birth, passport number, address.
2. Case Details: Visa application number or refusal reference number (you’ll find it on the form).
3. Date of Refusal: The exact date the decision was received.
4. Title: Clearly indicate that it is an “Appeal against the decision to refuse a Schengen visa.”
5. Argumentation: This is the most important part. Address point by point each reason for refusal indicated by the consul. Explain why you believe the decision is incorrect. If possible, present new evidence or additional information that refutes the consul’s arguments or clarifies doubts.
6. Attachments: List all documents you are attaching to the appeal as new evidence.
7. Signature: The appeal must be personally signed.
8. Language: Check with the consulate – usually, the appeal can be submitted in the official language of the Member State (e.g., Polish to a Polish consul) or in English.

Key Elements of Good Argumentation:

• Specificity: Directly address the points from the refusal form.
• New Evidence: If you have documents you didn’t present before that could dispel the consul’s doubts – attach them! This significantly increases your chances. Explain why they weren’t included initially (if there’s a reason).
• Logic and Cohesion: Your explanations must be clear and logical.
• Formal Tone: Maintain a professional and polite tone.

Common mistakes when filing an appeal

Avoid these mistakes so you don’t waste your chance:

• Missing the deadline: A late appeal will be rejected without consideration.
• Vagueness: Failure to address the specific reasons for refusal.
• Lack of new evidence: Simply stating “I disagree” is not enough. You need to challenge the consul’s arguments with facts or new documents.
• Formal errors: Missing signature, illegibility, submitting to the wrong place or in the wrong format.
• Emotional tone: Focus on facts, not expressing frustration.

The story of Ms. Anna: How a good appeal changed the decision

Ms. Anna, planning to visit her family in Poland, received a Schengen visa refusal. The main reason was the consul’s doubts about her intention to return to her country of origin (point 9 on the refusal form). In the original application, Ms. Anna had only submitted basic documents. In her appeal, she focused on refuting this specific concern. She attached new evidence:

• An official letter from her employer confirming her employment, granted leave for the travel period, and expected return date to work.
• A title deed for her apartment in her home country.
• Additional documents confirming strong family ties (e.g., a certificate of caring for an elderly parent).

Thanks to factual argumentation and presenting concrete, new evidence of her “roots” in her home country, Ms. Anna’s appeal was successful, and she received the visa.

When is it worth seeking legal assistance?

Although you can write the appeal yourself, it’s worth considering help from a lawyer specializing in immigration law when:

• The reasons for refusal are complex or unclear.
• You have difficulty obtaining the necessary evidence.
• A language barrier hinders your ability to prepare the document.
• The trip is very important to you, and you want to maximize the chances of success.

How can our law firm help in the appeal process?

We understand how important travel can be for you. We offer professional support in the Schengen visa refusal appeal process:

• We analyze the reasons for refusal and assess the chances of a successful appeal.
• We advise on what additional documents and evidence are worth gathering to strengthen your arguments.
• We help prepare a professional appeal letter in the appropriate language, ensuring its formal correctness and substantive value.
• We ensure the appeal is submitted on time and in the correct manner.

Receiving a Schengen visa refusal doesn’t have to mean the end of your plans. A meticulously prepared appeal offers a real chance to change the decision. If you need support in this process, contact us.

(Please remember that the information contained in this article is general in nature and does not constitute legal advice. Each case should be analyzed individually.)