My Schengen visa to norway refused under public threat!?

[Mehdi1990]

am an Afghan citizen married to a Polish woman. We lived together for almost 6 months in Afghanistan. She is now living in Norway and has been for almost 5 years. She works as a nurse and has enough income.

I applied via the Norwegian Consulate in Islamabad, Pakistan, for a Schengen visit visa as an EU family member. My wife and I included all the documents on the check list, sending the application via FedEx. After 30 days, my documents were returned with a notice of refusal.

The refusal was based on “One or more (Schengen) member states consider you to be a threat to public policy, internal security, public health or the international relations of one or more of the member states.”

I don’t understand why I was rejected. I am a local reporter and also am self employed in my hometown. I am Hazara ethnicity living in Afghanistan and Hazara are not affiliated with ISIS or other extremist groups.

We were given the right to appeal, which I did, sending an appeal letter but don’t know whether it will be accepted.

Can this refusal be removed from my record, and is there a way to be granted a visa?

[mgb]

Normally you get such a refusal only if you have a entry in the SIS database.
Maybe a mix-up of names.

[waqasars]

This kind of refusal is normal from countries like Pakistan and Afghanistan. I got the same refusal back in 2012 after that i got the schengen visa for 4 times. In my case they mentioned that swizterland is refusing my entery. I contacted with Swiss authorties and they checked my record in SIS database but they found nothing.

Nothing is serious. Did they mention for which schengen state are you public threat?

Just go for appeal. You are not a criminal. They cant justify this in appeal.

By the way what did u mention in you appeal?

Regards,
Waqas

[Mehdi1990]

It is what i wrote in my appeal letter

My name is..., born on March 13, 1990 in Ghazni, Afghanistan with passport number *******I live in Katasang, Sangi Masha, Ghazni, Afghanistan.
I am writing this letter as remonstration for the rejection of my visa application I received from Royal Norwegian Embassy dated November 29, 2016.
My visa application was refused for the reason that “one or more Member State(s) consider you to be a threat to public policy, internal security, public health as defined in Article 2(19) of Regulation (EC) No 562/2006 (Schengen Borders Code) or the international relations of one or more of the Member States.” I don’t understand why I was refused visiting visa when I have shown proof that I will be visiting my wife xxxxxxxxxxxxxxx, citizen of Poland, residing in Norway. Hence I am writing to appeal my visa application and I have attached additional documents as proof that I am not a threat to public policy, internal security or public health.
Firstly, I have submitted all the documents that are required as proof of that I am spouse of EU/EEA citizen living in Norway. I am a spouse of xxxxxxxxxx, polish citizen residing in Norway. My visa application was based on “The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality” (Directive 2004/38/EC of The European Parliament and of The Council of April 29, 2004).
Secondly, I have travelled to Sri Lanka and Maldives during 2016 and I have returned to my homeland without being a threat to those countries. I have attached a photo of my visas/entry permits to those countries. I would also like to point out that I followed the dates of my visas and left those countries before its expiry. I will be travelling to visit my wife who lives in Norway. I have not seen her in more than 3 months and I would love to see her soon. We would like to spend time together and I would like to be better known with the country of her residing.
Thirdly, I have NO RECORDS of being a threat to public policy, internal security or public health. And I HAVE NO INTENSION OR DREAM of becoming so. And also i am from Hazara ethnicity and there are no record of hazara being a threat to the security of any Country. I have my own web site with news from my district called “xxxxxxxxxxx”(http://www.xxxxxxxxxxxxxx) where I exhort to peace. I do also collect money for those of my countrymen that lost their relatives during the war and the families are not able to send children to school and university. Also i am working as a mobile phone Hardware and software engineer in my hometown xxxxxxxxxx I am well known in my home district and people will tell you that I am not a threat to public policy, internal security or public health.
Fourthly, during my stay in Norway I am intending to apply for Residence card for spouse of EU/EEA national. The Norwegian Directorate of Immigration informed me that I have possibility to do during my stay in Norway.
I do not intend to visit other Schengen countries during my stay in Norway.
As it comes in refusal letter
"the application has been sent for consultation according to standard procedure cf.Visa Code Article 22.Based on this, one or more of the consulted Schengen Countries has refused the applicant entry to the Schengen area"
As i don't want to visit Schengen Countries i hope that i can get Schengen limited territorial validity visas (LTV) only for Norway.
I hope you can respond to my appeal as soon as possible. Thank you so much for considering my appeal and I hope to hear a positive response from you.

Sincerely,
The problem is that they even don't answer if they received my appeal letter or no because i sent trough Pakistan post office and also they didn't mention wich countries did that they only said one or more state consider you as a threat to public security and privacy policy.

[Mehdi1990]

Also me and my wife spook with a lawyer she asked for 1000$ and she said she will ask from embassy about my case i am really worried

[noajthan]

Also me and my wife spook with a lawyer she asked for 1000$ and she said she will ask from embassy about my case i am really worried

Suggest keep hold of your $1000.

[mgb]

A refusal for a family member of a eu citizen based on schengen rules is illegal anyway.
If they want to use article 27 of the eu directive they have to name it and give a reason.

[Mehdi1990]

The only thing we want is the we join each other as soon as possible i know appeal will take 5 months or more what is the quickest way for my situation
Thank

[mgb]

The problem is the refusal is documented in the VIS database.
If you apply for a visa at the embassy of a other schengen country the first thing the officer will see at his pc is the refusal. If he than follow the law or simply deny nobody knows.

[Casa]

Did you state in your application that you are a journalist? Although your nationality is different, you may find this article of interest.

http://www.economist.com/blogs/easterna ... ine-and-eu

[Mehdi1990]

The problem is the refusal is documented in the VIS database.
If you apply for a visa at the embassy of a other schengen country the first thing the officer will see at his pc is the refusal. If he than follow the law or simply deny nobody knows.

Thank for your reply
I have one question
Embassy can give this refusal even without sending my application to other consulate??
I mean they refused it like they wanted as i don't trust this embassy at all
Like our original documents still missing and although they sent some but pages from my marriage certificate is missing
They really don't work like an embassy

[waqasars]

They did not mention the reason that why u r threat to public health or national security. The decision is ilegal.

[Mehdi1990]

They just write
“one or more Member State(s) consider you to be a threat to public policy, internal security, public health as defined in Article 2(19) of Regulation (EC) No 562/2006 (Schengen Borders Code) or the international relations of one or more of the Member States.”
Now I want to ask where me and my wife can raise our voices because embassy don't answer is there any higher office than embassy that we should ask to help??

[Mehdi1990]

Hello to all users and mediators

Lately i refused Schengen visa from Norway embassy in Islamabad under public threat to the security and i am sure it was mistaken decision about me
Now we got a lawyer to solve the problem
Now i have these questions
1.As i am rejected wrongly one time if they found that the decision was mistaken they will remove my reject record for VIS??
2.as appeal takes more time we just want to ignore norway visa
So my wife wants to come Afghanistan in the end of January and she will be here in Afghanistan for 6 weeks
Now i want to ask when she arrives in kabull Afghanistan can we apply for tourist visa to Italy? Because norway embassy is in Pakistan also my wife works and live in Norway and i want to apply from Italy embassy for vacation so i must return back to Afghanistan for this which documents i need as i am working in my own shop in a district so i don't have bank account
And i am in university in 3rd year a letter from University can help??
3.if me and my wife go together in Italy embassy it will be better for my visa??
4.as my first visa rejected and that was under directive 2004 it's possible that Italy embassy think that i will not return back and i will go to norway??

Thanx from all forum members

[Mehdi1990]

I am Afghan citizen married with polish citizen girl living and working in Norway for 5 years

[noajthan]

Posts merged.

[mgb]

You should apply for a visa for a family member of a eu citizen and not for a tourist visa.
At the visa application mark others in field 21 and write family member eu.

Documents:

1. Copy of the eu passport (data page)
2. marriage certificate and copy.
3. Declaration in writing from your wife that you as her husband will accopmpany her at her travel to Italy.


It is maybe also a good idea to have a copy of part III of the visa handbook at hand.
https://ec.europa.eu/home-affairs/sites ... ted_en.pdf

[Mehdi1990]

You should apply for a visa for a family member of a eu citizen and not for a tourist visa.
At the visa application mark others in field 21 and write family member eu.

Documents:

1. Copy of the eu passport (data page)
2. marriage certificate and copy.
3. Declaration in writing from your wife that you as her husband will accopmpany her at her travel to Italy.


It is maybe also a good idea to have a copy of part III of the visa handbook at hand.
https://ec.europa.eu/home-affairs/sites ... ted_en.pdf

I am scared to be refused because I am from Afghanistan
They can refuse me because I am from Afghanistan with many migrants??

[Mehdi1990]

You should apply for a visa for a family member of a eu citizen and not for a tourist visa.
At the visa application mark others in field 21 and write family member eu.

Documents:

1. Copy of the eu passport (data page)
2. marriage certificate and copy.
3. Declaration in writing from your wife that you as her husband will accopmpany her at her travel to Italy.


It is maybe also a good idea to have a copy of part III of the visa handbook at hand.
https://ec.europa.eu/home-affairs/sites ... ted_en.pdf

I am scared to be refused because I am from Afghanistan
They can refuse me because I am from Afghanistan with many migrants??

[mgb]

Visa handbook part III

3.8. Refusal to issue a visa
A family member may be refused a visa exclusively on the following grounds:
• the visa applicant failed to demonstrate that he is covered by the Directive on the
basis of the visa application and attached supporting documents under point 3.6
(i.e. it is clear that the reply to at least one of the three questions referred to above
is negative);
• the national authorities demonstrate that the visa applicant is a genuine, present
and sufficiently serious threat to public policy, public security or public health; or
• the national authorities demonstrate that there was abuse or fraud.

In the latter two cases, the burden of proof lies with the national authorities as they must be able to present evidence to support their claim that the visa applicant (who has presented sufficient evidence to attest that he/she meets the criteria in the Directive) should not be issued with an entry visa on grounds of public policy, public security or public health or on grounds of abuse or fraud.
.
.

[Louisesko1]

Hey Mehdi1990

Before your spouse visa was refused, for how many days did you apply for to go Norway?

Best regards
Louisa

[zadran]

This kind of refusal is normal from countries like Pakistan and Afghanistan. I got the same refusal back in 2012 after that i got the schengen visa for 4 times. In my case they mentioned that swizterland is refusing my entery. I contacted with Swiss authorties and they checked my record in SIS database but they found nothing.

Nothing is serious. Did they mention for which schengen state are you public threat?

Just go for appeal. You are not a criminal. They cant justify this in appeal.

By the way what did u mention in you appeal?

Regards,
Waqas

Dear Waqas,

I have received the same response from Netherland's embassy regarding my visa application and I am sure it was the Swiss embassy who has made the objection to refuse my visa. Could you please tell me what did you do to overcome this problem and get the visa.

Regards,