For Accompanying Family Member (family ties)

 

The nuisance when you get your application turned down by the case officer, will give you an idea for the specificity of what or  which went wrong to your residence permit application,  after you get the letter from them, stating as to why in their view, your application for residence permit is unsuccessful. Usually, client(s) have an option to make an appeal at Danish Immigration Service within eight (8) weeks of the receipt of the refusal letter and make any further representations.  However, appeal is only possible if you think based on the decision, the guidelines of visa processing has  not followed or,  if there is questions of  law or, mix of facts – in connection to  the  supporting documents hence;  were not considered then and etc., Appeal also requires a lawyer to represent your refused residence permit UNLESS, you choose not to represent one  – this process is a bit lengthy, though you may check March 2017 application processing time , but what if you  are to reckon of reapplying? How will you addressed the issue raised by the case officer in turning down your application.

Our [x] client from Denmark is currently holding a work permit for the last two (2 years), with the route under Pay Scheme Limit and had attempted to bring his wife in Denmark, they are both Nepalese national and got married under “arrange married”, prior to this application for residence permit with accompanying family member, they both   acquainted for more than six (6) months, where their relationship has started and developed – through online,  when after a certain relative has introduced them and, exchanging their contact details. Until, they finally met each other, when he visited his country, Nepal. Soon enough, after couple of days, they planed  their engagement and a week after; they undertook their formal marriage ceremony, after, a couple of months they live together in his father’s family house, before he returned to Denmark to work, and applied for his wife’s residence permit so she can join her in Denmark, pursuant to  section  9a. (1) “A residence permit may be issued to an alien on the basis of employment or activity as a self-employed person”.   He had followed the process of application from Danish Immigration Service for accompanying family member (family ties), and the case officer has requested an additional information and documents from his wife, to comply e.g., her passport copy and few information which is essential to finalise their application, so the wife had complied and provided a letter which will explain the relationship and the so called “arrange marriage”, which is a common practice in Nepal.

Unfortunately, after a week of submitting the requested information and documents, they received a negative decision stating that “the decisive purpose of your marriage to [x] client is to obtain a residence permit in Denmark” – claiming that he has not met personally his wife before the marriage.  They were both surprise and upset how their application, has turned into rejection, it was a savage as they claim [x client], “immigration has not even considered their cultural practice regarding arrange marriage”,  noting that they were  both in their legal age when the marriage took place, it just that, there is a need for them   to abide  their cultural tradition and practice.While, they wish to prove that they known each other, contrary with the decision – they reapply through the assistance of Visa Online Assistance.

We strongly believe that as to why the case officer suspected in their view, as such decision because, they have   supplied insufficient thus, relevant and significant information were not appended to their first instance of submission  * evidence of documents to combat against the assumption of the case officer, considering first, it was done in arrange marriage, secondly they had a met online [but they do meet up personally face to face ]- but the decision of getting married was like a tacit  situation, as they have  not supplied supporting documents  of them regarding this,  which the case officer of course  is ambiguous at that time they have submitted their application for assessment in general.   Arrange marriage in Nepal has different rules or practice, sometimes both parties have not even met each other, or they do not know each other for contracting    arrange marriage, and in very rare case, the groom and bride could have known each other before the marriage – this is similar to our [x] client, source regarding arrange marriage in Nepal:  http://www.imnepal.com/arranged-marriage-nepal/.

In addition to this, in EU agency for Fundamental Rights’ articles regarding addressing forced marriage in the EU: Legal provisions and promising practice report,  in which they wrote “ Forced marriages are also to be distinguished from arrange marriages, if however, at least one  of the parties does not consent to the marriage, a arrange married becomes a force marriage. In their case as stated herein, they have consented their marriage in their own FREE WILL, and it was done in good faith. As we further review their documents and analyse any additional material information and or third source of information – which will rebut the previous determination of cold residence permit application, we have found out that there are many supporting documents from the start of their relationship till they get married which unfortunately, were not included to their first submission, and we are hopeful that they will get their residence permit with higher success rate than as that of before –  this is in line with the visa guidelines, Alien’s Acts section  9 m (1)  ,” Upon application, a residence permit may be issued to an alien with family ties to an alien holding a time-limited or permanent residence permit under section 9a(2)(i) to (vi) if essential business or employment considerations make it appropriate . We also prepare a submission letter for them to reapply. While, we are writing this article, theirs reapplication is ready for submission at Danish Immigration Service and we will keep an update for the decision and same will be posted to this site.

True enough, if in any case you intend to apply for a residence permit with accompanying family member (family ties), it is always good to seek for a second opinion (before submitting it to Danish Immigration) –  if you think you have a doubt, as to whether you will likely to invite a potential refusal,  because of the lacking documents which you are un aware of. So you will not be surprised at the end of the day after getting the negative determination of your residence permit application in Denmark.  Contact Visa Online Assistance for your residence permit application (family ties) by sending an e-mail at info@visaonlineassistance.com   for the reapplication of refused residence permit in Denmark click here.