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Legal Action Against German Embassy in India
Posted on 24/05/2010 9:29 am
Legal Action Against German Embassy in India
Dear All:
This forum is to enquire about your experience and suggestions regarding the legal system and procedures in Berlin. I wished to invite my mother and brother from India for a family visit to Berlin on Visitor's Visa. Despite their complete applications, the Germany Embassy in New Delhi rejected their Visa. No reasoning was provided in the beginning. And upon our appeal against the rejections, the embassy provided quite lame reasoning against my brother's application four months later. That he is a financially "not-so-sound" businessman in Embassy's opinion and has a family in India, which depedns on him (wife and three kids so no overseas travel). As you would notice they have interpreted this "family thing" not as a reason to return to India but rather otherwise. On top of this, there is no justification at all for the rejection of my mother's visa who has actually visited Germany twice in the last three years. Her visa is rejected only because it was submitted together with my brother. More stupid thing (yet another embassy tactics block proceedings), they communicated all this stuff to the applicants in German language in India despite an obligation to do so in English. It is an overseas mission after all. Now, I would like to take this matter to German Court as a German Citizen who deserves to invite his family. So far, I have no exerience with the legal system, and very much appreciate the expert and non-expert advices alike from you guys. Thank you for sparing time to read and answer this topic.
roundtheclock
Member since 20/09/2009
Posted on 24/05/2010 10:56 am
Re: Legal Action Against German Embassy in India
Cool down! why are you suddenly jumping to the court. First you need to consult with a lawyer, you simply cant fire your case directly to the court. Ask your lawyer to analyse your case carefully otherwise you will end up with hefty fine if you lose the case.
subir79
Member since 16/07/2007
Posted on 24/05/2010 11:22 am
Re: Legal Action Against German Embassy in India
I agree that its stupid to reply in German for an Indian applicant in India.
Think before you act. See whether you can re-apply. Also consult a good lawyer and take the appropriate channel.
prabath
Member since 13/03/2005
Posted on 24/05/2010 1:12 pm
Re: Legal Action Against German Embassy in India
Hi,
I think this is completely unjustified. I can't understand even the financial reason,if you are providing the formal invitation from the local ABH. I may face the similar situation next week as my wife will apply for visitor visa in Delhi after the spouse visa was rejected due to my limited future stay.
I recommand to lodge a formal compaint, both the stated reason are completely unjustified.I am sure that the Indian embassy does not behave in similar way for German citizen.
Naresh
npurohit
Member since 01/03/2010
Posted on 24/05/2010 3:16 pm
Re: Legal Action Against German Embassy in India
Dear 'Roundtheclock',
I just returned from a short trip and I feel a bit sick, therefore just a first, short answer:
I promise you to give you all the support which a forum like trust7 can give! I myself faced similar problems for my employees from India when they wanted to get visit visa for their spouses and I think this is absolutely stupid and not acceptable.
The German Embassy and Consulates should be able to distinguish between high qualified professionals and others, not so lucky people who might try to get a tourist visa and do not plan to go back.
Maybe we should start gathering signatures for a fair ad fast procedure of visa applications from relatives of foreign experts who are working in Germany and at least for Germany.
I am open for suggestions!
Detlef
trust7
Member since 23/09/2004
Posted on 24/05/2010 6:09 pm
Re: Legal Action Against German Embassy in India
Dear Detlef,
It is a very good idea and I can gather lot of support for signature campaign.
Even my case is very strange, I am in Germany from March 2008 as International transfer from MNC IT company. I got married in Feb 2010, and my company applied for spouse visa with the help of lawyer, after complete 12 weeks, ABH just rejected the visa on the basis that my further stay is possible only till March 31st 2011.
Even for visitor visa formal invitation letter, the ABH mentioned in the letter that embassy should check return documents for my wife.
This is really strange, I am a qualified consultant and my presence was important for the project. Now I may have to leave Germany as I do not see much hope for embassy to approve her visitor visa.
It is important that we do a legal protest against this type of action in order to separate good cases from not so fortunate one.
Thanks,
Naresh
npurohit
Member since 01/03/2010
Posted on 25/05/2010 11:16 am
Re: Legal Action Against German Embassy in India
Dear All:
thank you very much for your valuable input. I know many of us face this situation in everyday life. I could make it a political issue through my employer (Humboldt University) as I have an honorary citizenship for highly qualified scientist (under 3-yrs rule) and have had a permanent residence status under the same category. I think, the case is quite strong against the embassy. I need some expert opinions about the legal process and system in Germany. I would also appreciate this "Signature" campaign.
roundtheclock
Member since 20/09/2009
Posted on 25/05/2010 11:32 am
Re: Legal Action Against German Embassy in India
Dear All,
I am not very active member of trust 7 but i am quietly following this website from so long. I faced similar problem with German consulate in new Delhi. they rejected my mother visa in spite complete documentation. they stated reason that
they are not sure, she will go back or not. I really don't see that as valid reason. Surprise thing, they gave visa to my younger brother last summer without any problem. This is really stupid, they are just distributing visas according to their mood. I hate it. Moreover, there outside agents asking x amount to get visa done in next 7 days. I think, this is extreme case now. We need to do something against stupid people sitting inside/outside embassy. I want to teach them a lesson. suggestion please.
rajeshhuria
Member since 02/04/2008
Posted on 25/05/2010 12:30 pm
Re: Legal Action Against German Embassy in India
This is a example of height of stupidity by German embassy in Delhi. I only guess there is smell of corruption ongoing even in embassy too. I have heard that Delhi has started a smaller 4-5 consulate offices for applying Visa, reason for that is that they don't want people to apply directly at the embassy. They want people to follow consular offices route now. Very shamely attitude of embassy perosons, even they are now rejecting Visitor visa for German citizen of Indian origin now.....
Must somebody have to act now......
Rambalram
Member since 23/08/2007
Posted on 25/05/2010 1:10 pm
Re: Legal Action Against German Embassy in India
I am glad, my thread is gaining attention. I am in contact with the University office and keep you updated. I am also taking this issue to representative office of German Research Foundation (DFG) in New Delhi. It would be nice if more qualified people can come on board and have their experience document. This thread can also be used to take a legal action against the embassy.
roundtheclock
Member since 20/09/2009
Posted on 25/05/2010 1:18 pm
Re: Legal Action Against German Embassy in India
Hi roundtheclock,
Please let me know, how we can support you in the best way. I can gather support from my company as well, which is infact one of the largest employer in Germany.
Thanks,
Naresh
npurohit
Member since 01/03/2010