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Discussion Starter · #1 ·
My husbands short-stay Schengen visa has been refused on the grounds that he has an SIS entry ban issued by Switzerland. According to EU case law, and the handbook for issuing visas, this shouldn't be grounds for refusal.

Im British and was planning on exercising my treaty rights in France :rain:

I have never written an appeal letter before and I don't know where to start, does anyone have any suggestions?

I'm going to have the letter professionally translated because I don't think i'm capable of writing anything official-sounding in french!
 

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Discussion Starter · #3 · (Edited)
oops, sorry! It is not a mistake, he overstayed a Schengen visa back in 2012 and has an entry ban until Dec 2014.

theoretically this shouldn't lead to a visa refusal as would be the case if he was not applying as my spouse.

France have an obligation to ascertain whether he is a 'present, genuine and serious threat to the fundamental interests of the member state' before refusing the visa, which they have not done.

I guess i need to ask them to do this? I'm hesitant to start quoting case law at them though...

I have written to the Swiss authorities to remove his name, but I have no idea how long that will take and whether or not they will actually do so.
 

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Ok, I apologize, I don't know anything except that your post prompted me to look up about the SIS system and Switzerland's use of it. I think you need a lawyer to write something they will respond to, but that's just my opinion...
 

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Discussion Starter · #5 ·
no, thank you for your suggestion! I should have been clearer.

I've had my lawyer in the UK draft a letter that will be translated after all. I have struggled to find a reliable French immigration lawyer online...

I'm not sure whether appeals are even taken seriously, but at this point its the only way we can move forward :mmph:
 

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Hi there ktaymor

Apologies for hijacking your thread, but I just wanted to ask for permission to contact you regarding your immigration application for your spouse. I moved to France from the uk to exercise treaty rights and get my spouse (with terrible uk immigration history) from Indonesia to be with me in Europe. It would be useful to know the documents that you were asked for and how you had your papers translated.

Again apologies for putting this post here! Good luck with your appeal.

Regards

Kader
 
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