How To Appeal France Visa Refusal From UAE
If a visa application to visit, reside, study or work in France is completed accurately it’s unlikely to be rejected, but visa refusals do happen. If an applicant wishes to proceed with the application, there may be recourse to ask French authorities to review their decision and/or to appeal.
Appealing a visa refusal received from French immigration authorities can be a complex legal process and needs to take place in French courts. Total Law can manage the process in-house with our specialist team of lawyers. Call us to learn more on +44 (0)333 305 9375 or message us online.
Rejected French Visa Requests: An Outline
While statistics aren’t public, there’s no reason to believe that visa applications from Emirati nationals are declined at any higher rate than for those made by any other state’s citizens.
The most common reason for a visa refusal – from France or any other country – is the incomplete or inaccurate supply of information and supporting documents on a visa application.
It may seem like common sense that visa application forms should be completed in whole and all required supporting documentation sent along with it, but in practice mistakes are easily made given the complexity of the application processes.
It is also the case that many supporting documents to be submitted with an application form need to be translated into French and/or legalised by an appropriate notary or apostille. With so much conflicting information available online and very little accurate to Emirati citizens, it can be difficult to understand what needs to be supplied and what needs to be notarised.
In most cases, French authorities offer a route to case review and appeal. If this is the case, details on how to do this should be provided alongside the written notification of the visa rejection. If there is no recourse to appeal, this will also be documented – usually with reasoning for this included.
Such a drastic decision is only usually reached where falsified information or documents have been submitted, and this is likely to affect the applicant’s entry to France (and potentially to other Schengen states) long term.
How Do I Know If My France Visa Application Has Been Refused?
In most cases of visa refusal, the applicant will receive a letter or email detailing the rejection and the reason for it from the French Consular service. This is known as an express refusal and gives the applicant details of the reasoning for the decline as well as any recourse for appeal.
However, if no decision has been received either positively or negatively within a 60-day period after the application has been filed, it can usually be assumed that the application has been refused.
This is known as an implicit refusal. There are instances where administrative delays have led to positive decisions being delivered later than this point, but official guidance remains that a decision should be received within a two-month period.
If you applied for a French visa over 60 days ago but haven’t heard anything back, get in touch with Total Law on +44 (0)333 305 9375 and we can help investigate.
The Requirements For Appealing a France Visa Refusal
When an express decision has been received pertaining to a visa refusal (be this through an express refusal or after investigation in to an implicit refusal), there may be recourse to appeal.
Where this is the case, it will usually be confirmed in writing along with confirmation of the decline.
In France, the law states that any decision to refuse a visa into French territory must be justifiable – and so if a specific reason has not been given, it may be requested. It is from this insight that a comprehensive appeal can be compiled.
Where it has been confirmed that the applicant has the right to appeal, such an appeal must be lodged within 30 days. Initially, this usually entails the applicant writing an appeal letter providing their reasoning as to why they disagree with the visa refusal and asking for the decision to be reviewed.
This leads to a brief internal investigation within the relevant consular department – during which any obvious mistakes in judgement can be rectified.
The applicant must include their full contact details and passport details as well as any reference numbers or further information from their visa application within this letter.
Such a letter is considered an ‘informal appeal’. If the applicant intends to appeal further (if indeed the decline decision continues), they must file an administrative appeal to the Commission de Recours Contre les Decisions de Refus de Visa d’entrée en France (CRRV).
This must be done within two months of the informal appeal failing. Such process must be completed in French and be initiated through the French court system – and so it is recommended that specialist legal support is sought. Total Law can manage this process; just call us on +44 (0)333 305 9375.
Appeals may be launched directly to the CRRV if the applicant does not wish to pursue an informal appeal first.
In the case of short stay visas, appeals are filed before the Deputy Director of Visas, although it should be noted that such visa classes are rarely rejected except in the case of falsified or inaccurate documents submitted.
It is critical that visa applicants choosing to appeal do so providing full and accurate information on their visa application as well any supporting documents.
Everything must be translated into the French language and must be legalised. Failure to provide the correct translated information will likely result in the appeal being thrown out and no further recourse offered.
Appealing a French Visa Refusal: The Step-By-Step Process
Due to the nature of visa refusals, there is no one-size-fits-all approach to appealing such decisions guaranteed to result in success. It is recommended that a legal representative is appointed to manage the process. Total Law know French immigration law well and can help. Call our team now on +44 (0)333 305 9375.
Determine the right to appeal
Not all failed visa applications hold the right to appeal. In the case of falsified documents or information being supplied, there will be no further involvement from French immigration authorities and so the application must be considered unsuccessful. Where a route to appeal has been offered, the applicant must judge the best course of action to do so.
Collect relevant supporting documents
If the reason for the visa decline is the lack of provision of relevant documents, it should be fairly simple for the applicant to collate them. In the case of a more complex visa rejection, a legal representative will advise of the information required – and this may include authoritative certificates from the applicant’s home country, further proof of ID and/or letters of support from appropriate third party bodies.
File an informal appeal
If the applicant chooses to; and indeed it is considered appropriate; they may file an informal appeal by writing a letter detailing their reasoning for the rejection decision to be overturned. This must be filed within 30 days of the decline decision and should be responded to within 30 days of its receipt by the French Consular authorities (even if just to confirm it has been received).
File a formal appeal with the relevant body
If an informal appeal has not been made, or if it has been unsuccessful, applicants will then to file an appeal of the visa refusal with the relevant body. For long stay visas, this will be the CRRV and for short stay, the Deputy Director of Visas.
Filing such an appeal is a legal process and will require legal representation. Applicants who have been subject to a visa refusal have 60 days from the date of the visa decline or the declined informal appeal to file a formal appeal.
Contribute to court proceedings
The administrative court may request further supporting documents or more information to reinforce the visa application and its reason for validity and these should be supplied as quickly as possible.
All documents must be translated into French and legalised, and all proceedings will take place in French through the court system. Applicants will usually not be required to attend in person, but a legal representative for the applicant may need to be present.
Receive a final decision
A final decision on the visa application will usually be received at the conclusion of the court proceedings. However, if a decision can not be reached at this point, the appeal may be referred onward to a relevant government minister.
A timeframe for a decision to be reached will be communicated to the applicant’s legal representative and may be hastened if there is a set deadline for their intended arrival in France.
How Can Total Law Help?
Total Law’s team of specialist lawyers know the French immigration and court system well and have appealed many a visa refusal on behalf of Emirati citizens.
Our solicitors can help you file informal and formal appeals, manage court proceedings on French soil and source and compile all relevant supporting documentation in the correct language and format.
Call our office today on +44 (0)333 305 9375 or message us online, to talk through the circumstances of your French visa decline and make a start on appealing.
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Related pages for your continued reading.
Frequently Asked Questions
In most cases a declined visa refusal appeal is a final ruling and there will be no recourse for further appeal (or indeed reason to, as court proceedings are often likely to have taken so long the visa will no longer be required or appropriate). If a further appeal is possible, your legal representative will advise you of this and of your chances of success.
A visa refusal may be appealed with an Emirati legal team, but the process itself must take place in French courts. It is recommended, therefore, that those appealing a visa refusal only do so with specialist legal guidance in place in order to best navigate French immigration law.
In the UAE, visa applications and appeals can be lodged at the French Consulate General in Abu Dhabi or the Embassy of France in Dubai.
