What are your Options:
The rejection of a German visa application can be a frustrating experience as often there is little indication as to why the application failed. When reason is given as to the rejection, it is often vague and non-specific. It is also the case that you may not have been given information as to the legal remedies you can seek in the event of visa application rejection. This vagueness is allowed for under § 77(2) German Residence Act (Aufenthaltsgesetz).

The legal options open to you depend on the nature of the visa applied for. In the case of a short-term visa a “remonstration” is allowed for, whereas longer term residence permits or visas applicants can bring about both a remonstration and legal action at the Administrative Court in Berlin. § 83 German Residence Act does not allow for short-term visa disputes to be brought to appeal in courts. As a legal appeal can be brought after a remonstration, it is advisable to try the remonstration route first before applying to bring the case before the Administrative Court.

The Remonstration
“Remonstration” means to complain about something. In legal terms a remonstration is an application made to the German embassy in order to reassess the situation once again. The remonstration must be filed with the consulate or embassy where the application was rejected. It is often the case that the visa application has been rejected because certain elements of the application may have been missing or were deemed suspicious. Through the remonstration process the applicant can resolve the issues that led to the rejection.

The remonstration process involves submitting, in writing, your opinion of why the decision made by the Embassy was incorrect and request for the examination of the rejected visa application. At the embassy it is advisable to seek the reason for why your application was rejected in the first place. Knowing the reason for the rejection of your German visa application means that you can better prepare your remonstration.

After submitting the remonstration, the applicant will either receive the visa sought after or a remonstration notification will be issued explaining the reasons for rejecting the remonstration. The process of receiving an answer to your remonstration can take several weeks, however if there is no answer or decision made after three months it may be possible to take legal action for failing to act.

Should a remonstration be rejected it may be possible to submit a legal appeal to the Administrative Court in Berlin.

Legal Appeal to the Administrative Court
The step of making an appeal to the Administrative Court in Berlin is not one which should be taken lightly. Upon notification of the rejection of the remonstration, the applicant has one month to submit their intention to make a legal appeal. Although legal action provides the applicant with another chance to overcome the rejection of their German visa application it is a decision worth considering. Legal action can be lengthy and costly. In such a process, the court will also make a final decision on the matter.

Dealing with the Administrative Court is an action which requires serious planning and preparation.  The court will carefully analyse the evidence you place before them and will have certain rules regarding what evidence can be used and how they can be used. Prior to taking this step it is advisable to consult with our immigration lawyers. Our immigration law specialists have experience and knowledge in this field of law and will provide the guidance needed as regards your case. If it appears that taking legal action at the Administrative Court is the best solution in your case, then our lawyers will represent you in the case. They will examine the reasoning given for the original rejection and work with you to achieve success. Contact our lawyers today if you require specialised legal advice.

Legal Advice from Immigration Law Specialists
If you have experienced the rejection of your German visa application, then it is advisable to respond quickly to the issue. By finding out the reason for the rejection you can prepare the remonstration and seek to get the decision overturned. However, visa applications can be complex and difficult, especially when the applicant is not experienced in them. Consulting with an immigration attorney may be the solution to your problem! The immigration specialists can guide you through the process and greatly increase the likelihood of success in your application.