Appeals

[Irum]

Hello Helping People,

I wanted to know can i appeal for visit visa while my family reunification is in appeal already?

Does it effect the family reunufication appeal?
What are the chances to win a appeal for visit visa?

PS: I desperately want to visit my husband and 4 year old son
Thank you in advance for your answers

[mh1]

If you have been refused tourist visa recently, you would probably be refused again.Is it so that you have applied and been refused? Or do you mean: can I apply at all?

When a person is waiting for the outcome of a family reunion application, they will only be granted tourist visa if their application is almost ready for a positive answer.

That being the case, I am not very optimistic about your chances.

[Irum]

Thank you for your reply,
Actually i am from pakistan that falls in group number 5. I have applied 2 times and both time they reject it.

I have in denmark from last 5 years. I got a rejection of family reunification in jan 31, and i had to leave within 7 days. I did appeal with the help of retshælp lawyers on the very next day i got refusal. And i did leave Denamrk after 4 days. After two weak my lawyer got a letter i can stay while case is being processed. But unfortunately i already left. After that i have applied twice for tourist visa and got rejection.

Now its almost upto 8 months i am waiting for appeal answer.
Reason for the rejection of family reunification was 3 year rule.

Now its almost one year left to fulfill that rule.
@mh

What do you say tbat they only give tourist visa if there is poistive answer hope?

My husband is having a PR and my 4 year old son and 1 year old daughter too have a PR. He is a having a good enough job in IT to support me. My son is living in Denamrk with his father. And me and my daughter is waiting in home country for the answer.
Now you can see my situation what will be the decision after knowing all this?

[Irum]

If you have been refused tourist visa recently, you would probably be refused again.Is it so that you have applied and been refused? Or do you mean: can I apply at all?

When a person is waiting for the outcome of a family reunion application, they will only be granted tourist visa if their application is almost ready for a positive answer.

That being the case, I am not very optimistic about your chances.

Looking forward to your answer

[mh1]

Unfortunately I can’t add anything. I do not even live in DK, and have not in here seen anyone with a case similar to yours.

But: what is your husbands yearly income, and what is his job-title exactly?

There are special (less strict) rules for high-income foreigners and for certain types of jobs.

Have your husband check these links: https://www.nyidanmark.dk/en-us/coming_ ... e-list.htm
https://www.nyidanmark.dk/en-us/coming_ ... scheme.htm

The rules also apply for those who already live in DK.

[Irum]

Unfortunately I can’t add anything. I do not even live in DK, and have not in here seen anyone with a case similar to yours.

But: what is your husbands yearly income, and what is his job-title exactly?

There are special (less strict) rules for high-income foreigners and for certain types of jobs.

Have your husband check these links: https://www.nyidanmark.dk/en-us/coming_ ... e-list.htm
https://www.nyidanmark.dk/en-us/coming_ ... scheme.htm

The rules also apply for those who already live in DK.

Thank you for your answer again
Yes he did come under positive list and pay limit scheme. I mean his year income is that enough.

[Irum]

Unfortunately I can’t add anything. I do not even live in DK, and have not in here seen anyone with a case similar to yours.

But: what is your husbands yearly income, and what is his job-title exactly?

There are special (less strict) rules for high-income foreigners and for certain types of jobs.

Have your husband check these links: https://www.nyidanmark.dk/en-us/coming_ ... e-list.htm
https://www.nyidanmark.dk/en-us/coming_ ... scheme.htm

The rules also apply for those who already live in DK.

Thank you for your answer again
He is a web developer
Yes he did come under positive list and pay limit scheme. I mean his year income is that enough.

[mh1]

If that is the case, apply for family reunion according to those rules. He will need to get some papers from his employer, but if he fulfills the income required, it should be a ‘fast lane’.

[Irum]

If that is the case, apply for family reunion according to those rules. He will need to get some papers from his employer, but if he fulfills the income required, it should be a ‘fast lane’.

Do you mean we should add up that thing in our case that is already in appeal aur we apply for new visa for pay limit schene or fast track
But actually my husband doesn’t want to give up his PR because after 1 year he can apply for his passport.
Thanks and Regards
Irum

[mh1]

Your husband does not need to give up anything in order to apply for family reunion using the ‘positive list’- or the ‘pay-limit scheme’.

He stays on his permit, but apply to get reunited his spouse (you). Even Danish citizens can use these rules.

YOUR permit will be different from an ‘ordinary’ family reunion permt, and there are some stricter rules for keeping it. That should not worry you.

These are the conditions to fulfill:
https://www.nyidanmark.dk/en-us/coming_ ... embers.htm

Once you have been granted family reunion, you will have the possibility to switch to the ordinary rules, which will give you some advantages that you will not have under the other rules, such as free tuition if you want to study at university.

I do not know whether you can hand in an application while your other application is under review, but I think it must be possible. Do make sure that all the i’s are dotted and t’s crossed before you hand in the application. Any missing information or documentation will result in at best delay, at worst rejection.

[Irum]

Your husband does not need to give up anything in order to apply for family reunion using the ‘positive list’- or the ‘pay-limit scheme’.

He stays on his permit, but apply to get reunited his spouse (you). Even Danish citizens can use these rules.

YOUR permit will be different from an ‘ordinary’ family reunion permt, and there are some stricter rules for keeping it. That should not worry you.

These are the conditions to fulfill:
https://www.nyidanmark.dk/en-us/coming_ ... embers.htm

Once you have been granted family reunion, you will have the possibility to switch to the ordinary rules, which will give you some advantages that you will not have under the other rules, such as free tuition if you want to study at university.

I do not know whether you can hand in an application while your other application is under review, but I think it must be possible. Do make sure that all the i’s are dotted and t’s crossed before you hand in the application. Any missing information or documentation will result in at best delay, at worst rejection.

I am so thankful for your answers.

Actually the thing is we had first applied for accompanying family member visa and it got rejection.
The reason was i cannot get spouse visa because when my husband got his PR he was dependent on my visa ( i was student at that time) and after his PR according to immigration i cannot get spouse visa.
Thats why we have applied for family reunification.

[Irum]

Your husband does not need to give up anything in order to apply for family reunion using the ‘positive list’- or the ‘pay-limit scheme’.

He stays on his permit, but apply to get reunited his spouse (you). Even Danish citizens can use these rules.

YOUR permit will be different from an ‘ordinary’ family reunion permt, and there are some stricter rules for keeping it. That should not worry you.

These are the conditions to fulfill:
https://www.nyidanmark.dk/en-us/coming_ ... embers.htm

Once you have been granted family reunion, you will have the possibility to switch to the ordinary rules, which will give you some advantages that you will not have under the other rules, such as free tuition if you want to study at university.

I do not know whether you can hand in an application while your other application is under review, but I think it must be possible. Do make sure that all the i’s are dotted and t’s crossed before you hand in the application. Any missing information or documentation will result in at best delay, at worst rejection.

I am so thankful for your answers.

Actually the thing is we had first applied for accompanying family member visa and it got rejection.
The reason was i cannot get spouse visa because when my husband got his PR he was dependent on my visa ( i was student at that time) and after his PR according to immigration i cannot get spouse visa.
Thats why we have applied for family reunification.

Waiting for your answer

[mh1]

Ah - probably your husband has not had his PR for long enough time - he needs to have had it for three years before you can apply, hence the rejection.

BUT this will NOT apply if you apply using the 'positive list' or the 'pay-limit' scheme. When your husband has had his PR for three years, you can switch to ordinary rules.

My guess is that if you have applied just using ordinary rules, your appeal will be rejected.

But it should be possible to apply using another set of rules.

[Irum]

Ah - probably your husband has not had his PR for long enough time - he needs to have had it for three years before you can apply, hence the rejection.

BUT this will NOT apply if you apply using the 'positive list' or the 'pay-limit' scheme. When your husband has had his PR for three years, you can switch to ordinary rules.

My guess is that if you have applied just using ordinary rules, your appeal will be rejected.

But it should be possible to apply using another set of rules.

Thank you for the answer.
My case is appealed by the lawyer from retshælp. And its been almost 9 months now i have not receieved any answer. But my lawyer seems quite positive.

[Irum]

Ah - probably your husband has not had his PR for long enough time - he needs to have had it for three years before you can apply, hence the rejection.

BUT this will NOT apply if you apply using the 'positive list' or the 'pay-limit' scheme. When your husband has had his PR for three years, you can switch to ordinary rules.

My guess is that if you have applied just using ordinary rules, your appeal will be rejected.

But it should be possible to apply using another set of rules.

Thank you for the answer.
My case is appealed by the lawyer from retshælp. And its been almost 9 months now i have not receieved any answer. But my lawyer seems quite positive. My son is 4 and half year old currently living with his father in Denmark. Does the minor children makes difference in decision?