Welcome to Maxi-Pedia Forum. Maxi-Pedia discussion forum is a free community inviting you to express your ideas and discuss various topics with other contributors.

June 27, 2017, 06:21:51 am *
Welcome, Guest. Please login or register.
Did you miss your activation email?

Login with username, password and session length
 
   Home   Help Search Login Register  
Most Recent Posts:
Pages: [1]
  Print  
Author
Topic: 

Denied student visa/tourist visa options

 (Read 540 times)
Travelgrl12
Newbie
*
Posts: 4


« on: February 28, 2017, 12:23:49 am »

Hi there,

I was surprised to recently be denied a student visa for Spain. I am Canadian. I have had previous work visas for the area. I had all documents correct but there may have been a problem because my travel dates to enter Spain were earlier than my course start date and visa request application.

I have been told by the Consulate I won't be on the 'list' or data bank I was denied. Is this true? I have two options right now. I would like to go and travel there on my tourist visa (90 days) and then I would leave the Schengen region. I have already booked a flight and accommodations and can not get the money back. I would take a shorter language course in this case.

Or I will send in my appeal. It is very unclear what paperwork is needed. I did not receive a claim or case number or any address where to send my appeal letter. The consulate office for my location said to send it to them and they will send it to Spain on my behalf??

My questions are:

If I appeal how long does this usually take? If the appeal is denied or not ready in time I still plan to go as a tourist. Is this a problem? Would I be better off to just re-apply?

Can I travel as a tourist first, then leave the Schengen region and re-enter and get my student visa stamped? Is this allowed or will I have problems with immigration? I have read online you can enter early (before school start date) and then go to the police station a few days before your course starts and request that they stamp your visa.

It has been a very confusing process, expensive and stressful. I am just trying to do everything correct and not get into trouble. Any advice would be so helpful.
« Last Edit: February 28, 2017, 12:25:31 am by Travelgrl12 » Logged
Maxi-Pedia Forum
« on: February 28, 2017, 12:23:49 am »

 Logged
Travelgrl12
Newbie
*
Posts: 4


« Reply #1 on: February 28, 2017, 01:04:43 am »

Just a quick added note: I have and I am reading through the posts as I acknowledge some of my points are repetitive to other questions.

The main question is IF I appeal and am successful, can I travel (enter) the Schengen region before my study start date? If I enter as a tourist, leave the Schengen region (Spain) and re-enter prior to study date and get my visa stamped. I wanted to travel as a tourist for vacation prior to studying.

OR

Can I go to the police station to have my student visa stamped prior to the course start date if I am already in the country as a tourist?

Thanks for any advice. Smiley
Logged
danisara
Sr. Member
****
Posts: 268


« Reply #2 on: March 03, 2017, 12:15:51 am »

1) The fact that you have applied for student visa and that the visa application has been denied will remain on file in the VIS system, and it can be used by competent authorities whenever there is an authorization to access your file. They do not have a specific list of people who have been denied their application, but the information will remain in the system associated with your file. See REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009, establishing a Community Code on Visas (Visa Code), Article 32. title Refusal of a visa:

Quote
5. Information on a refused visa shall be entered into the VIS
in accordance with Article 12 of the VIS Regulation.

2) The denial shall be furnished in writing, and it shall state the reason for not giving you the visa. See REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009, establishing a Community Code on Visas (Visa Code), Article 32. title Refusal of a visa:

Quote
3. Applicants who have been refused a visa shall have the
right to appeal. Appeals shall be conducted against the Member
State that has taken the final decision on the application and in
accordance with the national law of that Member State. Member
States shall provide applicants with information regarding the
procedure to be followed in the event of an appeal, as specified
in Annex VI.

and Article 47, title Information to the general public:

Quote
(h) that negative decisions on applications must be notified to
the applicant, that such decisions must state the reasons on
which they are based and that applicants whose applications
are refused have a right to appeal, with information
regarding the procedure to be followed in the event of an
appeal, including the competent authority, as well as the
time limit for lodging an appeal;

Can you post the reason?

3) The time limit is 30 days (Tribunal Superior de Justicia de Madrid).

4) The fact that you have applied for study visa does not deprive you of your "visa-free" status as a tourist. As a Canadian you are allowed to travel to Spain without the need to obtain visa as long as you satisfy the 90/180 rule. The student-visa refusal does not change this.

Good luck to you.
Logged
Travelgrl12
Newbie
*
Posts: 4


« Reply #3 on: March 03, 2017, 03:31:24 am »

Justification for the purpose and conditions of the intended stay was not reliable.

This is vague and when I called for further clarification I was given no details. I was called a Week prior, asking why I hadn't sent my police check. Then mid sentence the consulate admin said: never mind, I see it here. (So the file was found within my application. I did send it) I asked if anything else was missing and was told no everything is fine and in 10 days I would get everything back.

I got the denial letter and my passport back.

I included what I thought was all evidence except my return flight. Why? Because I was told I could wait to send that once I found out the decision date that ended my student visa request. Apparently that was bad advice

So my guess of what went wrong are two things:

Requesting to enter earlier than course start date

And/or

No return ticket which I will send with my appeal and apology for missing this document. I have no reason or plan to over stay my visa. I travel too much for my job to and need everything in good standing .

I have a letter stating housing is provided by the school - but I do not have a specific address. This is set up upon arrival. (One reason for wanting to enter early plus I wanted a vacation as I have just finished one course and the language course in Spain has no set holiday 'off' times.

I realize age discrimination could be a factor as I am older than 30 and this course is being used as additional qualifications for my job in my home country.

Logged
Travelgrl12
Newbie
*
Posts: 4


« Reply #4 on: March 08, 2017, 07:32:56 pm »

Is there an email address to find out the status of your appeal for a Spanish visa? I guess to the High Court of Justice of Madrid. Although I thought I appealed based on Article 116 of Act 30/1992 of 26 November.

An unclear process indeed.
Logged
danisara
Sr. Member
****
Posts: 268


« Reply #5 on: March 22, 2017, 09:53:55 am »

Justification for the purpose and conditions of the intended stay was not reliable.

The absence of your return flight could have been the cause for this reasoning. Unfortunately, the visa process lacks transparency, that is true. Good luck on your appeal.
Logged
bugibar
Full Member
***
Posts: 100


« Reply #6 on: March 22, 2017, 10:09:05 am »

Is there an email address to find out the status of your appeal for a Spanish visa?

Unfortunately not, offical offices rarely communicate via email. You can contact the Court in writing.
Logged
Maxi-Pedia Forum
   

 Logged
Pages: [1]
  Print  
 
Jump to:  

Page created in 0.139 seconds with 22 queries. (Pretty URLs adds 0.001s, 0q)