No Willingness to Return No Visa

Okay, you failed to prove to the consulate that you will reliably return and so be eligible for a Schengen-Visa but what about getting a national visa for Germany?


Will that right remain untouched? Continue reading and study how the BVerwG responded in Leipzig on January 11, 2011 (re 1 C 1.10).

A Moroccan lady wanted to visit her two children that are living with her divorced husband in Germany. She applied for a tourist visa at the embassy in Rabat. It was denied. Her legal course in court was unsuccessful. The court had two main questions to decide: 1.) how long the desire for entry is to be understood as existing even when the booked flight had already passed. 2.) whether or not a national visa may be issued when the applicant is not eligible for a Schengen visa.

The Federal Administrative Court held that when no incidents to the contrary exist, the office must understand the application as still existing even when the period mentioned in the application form had already expired.

An enforceable right for a national visa does not exist when a Schengen visa has been denied. Pursuant to the Visa Code (Directive no. 810/2009), an application for a national visa may not be granted when compelling reasons exist that suggest that the alien will not return home before the visa expires (art. 32 I lit. b VC). In this special case, the doubts started with giving wrong reasons for a visa because it is to be assumed that she only wants to come to Germany to in some manner sponge off the status of her children. A national visa cannot be granted because an exception as mentioned in art. 25 I VC does not exist. Such an exception would generally be the protection of the family. However, this lady opened the possibility that her children would be permanently separated from her by allowing her ex to take their joint children with him to Germany. She is not dependant upon being in Germany to remain in touch with her children. There are eMail, phone, and such to secure the contact. The children can visit her in Marrocco during their vacation.


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