vamosa Your independent guide to studying,
working and living in the EU.

Topics

What happens if your visa is rejected

Last updated:

A visa rejection is not the end. In almost all EU states, you have a right to a reason and a legal remedy that you can file within a certain deadline. Here we show you how a typical procedure in EU states works, what you should do first, and when hiring a lawyer actually makes sense.

Please note that some texts have been automatically translated from other languages. We review these translations, but cannot guarantee absolute accuracy or perfect style in every language.

Stay calm — and then the most important questions

A rejection rarely feels good. Before you react, here are three things you should do on that exact day, and three things you should not do:

You should do:

  • Carefully read the rejection notice — it contains the reasons for the rejection, the legal remedy instructions (which deadline, to which authority), and sometimes hints about additional documents. You need these three pieces of information.
  • Document the date of receipt — the deadline for legal remedies starts from delivery. Write down when you received the letter (keep the envelope).
  • Keep all documents that you submitted with your application (originals, copies, receipt of submission).

You should not do:

  • Do not submit a new visa application in panic. This wastes time, money, and often makes the next application harder because you then have a second rejection in the Visa Information System.
  • Do not immediately pay someone who “knows how to solve this” — see our article on recruitment scams. Real help is available for free or at fair fees through official channels.
  • Do not build pressure on social media — this only helps in very specific cases (NGO accompaniment) and can otherwise be counterproductive.

The typical reasons for rejection

Most rejections can be categorized into five groups — whether for a Schengen short stay or a national long-term visa:

  • Purpose not sufficiently justified — the consular officer doubts that the stated purpose of travel is genuine.
  • Financing not sufficiently proven — the documents submitted do not show that you can financially cover the trip/stay.
  • Doubtful intention to return — the officer believes you do not intend to return to your home country (more common among young, single applicants without a stable job at home).
  • Security concerns — entry in the Schengen Information System, previous violations, questionable guarantor.
  • Formal errors — missing documents, expired passport, incorrect insurance, incomplete evidence.

Which of these groups applies to you is stated in the notice. Sometimes only as a code (in EU-Schengen notices numbers 1–9 according to Annex VI of the Visa Code), sometimes with a short text. Read carefully — codes have legally defined meanings that are important for your legal remedy.

Schengen visas — the EU-harmonized procedure

If your Schengen visa (Type C) is rejected, according to the Visa Code, you have:

  • Right to a written explanation with the reason for rejection (code from Annex VI).
  • Right to a legal remedy in the rejecting member state — national law regulates the procedure, the deadline, and the competent authority.
  • Entry of the rejection in the Visa Information System (VIS) — other consulates see the rejection but are not automatically bound to reject as well.

The deadline for the legal remedy varies by country:

  • Germany: no formal deadline for remonstration (informal reopening), but recommended within one month. Lawsuit before the administrative court: 1 month from delivery.
  • France: 30 days for Recours administratif préalable obligatoire to the Commission de recours, then possibly 60 days to file a lawsuit before the Tribunal Administratif de Nantes.
  • Spain: 1 month for Recurso de reposición to the same authority, or directly Recurso contencioso-administrativo within 2 months.
  • Netherlands: 4 weeks for bezwaar to the rejecting authority.
  • Italy: 60 days for Ricorso to the administrative court (Tribunale Amministrativo Regionale).

In all cases: In writing, with the address of the embassy/consulate, reference to the notice, new or supplementary documents, and an explanation why the rejection is factually incorrect.

National visas — procedures in the respective member state

For national long-term visas (Type D), national law of the respective member state applies. The procedural structure is usually:

  1. Remonstration / reopening application to the embassy/consulate — the authority reviews the notice again, often with additional documents.
  2. Lawsuit before the administrative court — formal legal path, often with a requirement or recommendation to have a lawyer.
  3. Appeal / complaint — if the lawsuit is rejected, in a higher instance.

Practical tip: For national visas, before filing a lawsuit, a second application with improved documents often makes more sense than a long legal process. Lawsuits take months to years; a corrected application takes weeks. So first check if you can fix the original issue.

When a lawyer actually helps

Three situations in which migration lawyers often measurably help:

  • Complex cases — you have an unusual situation (blended family, multiple prior rejections, security entry in the VIS, your story is hard to tell). Here, someone who knows which arguments convince the authorities can help.
  • Lawsuit before court — if you actually file a lawsuit, you almost always need a lawyer. Even without a requirement to have a lawyer, you can hardly conduct the procedure without expertise.
  • Impending consequences — entry in the Schengen Information System that complicates future applications; question of the lawfulness of an expulsion; very tight deadlines.

In simple cases (standard rejection, supplementary documents are sufficient, no special complications), the cost-benefit of hiring a lawyer is often worse than free migration counseling (in Germany BAMF and welfare associations, in France OFII, in Spain state authorities).

Initial legal consultation costs 100–250 euros, which is the usual range. If someone charges more, they either take complexity seriously or not — ask for fixed prices for clearly defined steps (drafting remonstration, access to files, filing a lawsuit).

What the notices often wrongly suggest

Three impressions that a rejection notice leaves — which can be soberly corrected:

  • “This is a final decision.” Rarely true. Most visa rejections can be challenged or corrected through better presentation.
  • “You will never get a visa again.” Almost never true. A single rejection is visible in the VIS but not decisive for future consulates. Those who fix the issue and apply cleanly again often get the visa on the second or third try.
  • “Other EU states are just as restrictive.” Not true. EU member states differ significantly in approval rates — both for Schengen visas (Eurostat publishes annual rates) and for study and work visas. Those who have been rejected multiple times in one country can consider applying in another country with a better profile match, after fixing the core issue.

Security entry — when it gets serious

In a few cases, a rejection leads to an entry in the Schengen Information System (SIS) or a ban on entry. This does not happen with every rejection but only in cases of:

  • Entry with forged documents.
  • Stay beyond visa duration (overstay).
  • Criminal convictions or suspicions.
  • False statements in the application.

If you have such an entry, you should not apply further without legal consultation. The entry can be deleted or shortened, but this is a separate procedure.