Germany Immigration

Refusal of German Visa: Legal Grounds and Remedies

August 6, 2025
1st Attormeys
Schengen / Germany

Refusal of German Visa: Legal Grounds, Remedies, and Practical Steps

How to read a refusal, fix gaps, and choose the right remedy (remonstration, court appeal, or reapplication).

Common refusal grounds (as seen on the German Mission “Notice of Refusal”)

Typical tick-box reasons include:

  • Purpose & conditions of stay not justified (e.g., weak invitation proof, vague itinerary).
  • Insufficient means of subsistence or inability to lawfully acquire them for the stay/return.
  • Reasonable doubts about intention to leave the Schengen Area before visa expiry (weak home ties).
  • Doubts on reliability/authenticity of statements or supporting documents.
  • SIS alert / threat to public policy, security, health, or international relations.
  • Exceeded 90/180 days rule (for prior Schengen stays).
  • Lack of adequate travel medical insurance (Schengen-compliant).
  • False/counterfeit/forged travel document.
Practical insight: The majority of refusals in practice stem from documentation gaps or inconsistencies—not ineligibility. A structured response that directly cures the stated ground(s) is essential.

What to do after a refusal

1) Administrative remonstration (free)

  • Deadline: generally 1 month from notification of refusal.
  • Addressed to: The same German Embassy/Consulate that refused the application.
  • Content: Point-by-point rebuttal with new or clearer evidence (employment, bank statements, invitation authenticity, travel plan, insurance).
  • Outcome: If persuasive, the Mission overturns its decision and issues the visa; if not, a negative remonstration decision will be issued.

2) Court appeal in Berlin

  • Forum: Verwaltungsgericht Berlin (Administrative Court of Berlin).
  • Deadline: generally 1 month from receipt of the negative remonstration decision.
  • Representation: Engage a lawyer admitted in Germany; the court reviews legality and evidentiary sufficiency of the refusal.

3) Reapply (when strategic)

  • Preferable where refusal is due to missing or easily curable documents.
  • Reapplication should not repeat the same defects; include a brief cover note acknowledging and curing the earlier ground(s).

Evidence checklist (attach what fits your case)

  • Clear travel purpose: invitation letters (with contact details), conference registration, appointment confirmations, itinerary & accommodation.
  • Financial capacity: recent bank statements, salary slips, tax returns, sponsorship letter with proof of funds (if hosted).
  • Home-country ties: employment letter & leave approval, CAC docs for business owners, marriage/birth certificates, property titles/leases.
  • Insurance: Schengen-compliant travel medical insurance covering the full stay.
  • Document reliability: notarised copies where helpful, consistent names/dates, verifiable contacts.
  • Compliance history: past visas/stamps, evidence of timely returns, no overstay.

Deadlines & timelines

  • Remonstration: usually within 1 month of refusal notice.
  • Court appeal: usually within 1 month of the negative remonstration decision.
  • Processing time (indicative): remonstrations can take several weeks to months depending on complexity and workload.
Tip: File the remonstration before the deadline with the best available evidence. You can state that additional documents will follow if needed.

Sample remonstration outline

  1. Heading: “Remonstration against visa refusal – [Applicant Name, Passport No., Date of Refusal]”.
  2. Background: Brief facts—type of visa, travel dates, purpose.
  3. Grounds challenged: Quote each ticked refusal ground verbatim.
  4. Rebuttal & evidence: For each ground, explain and attach documents (e.g., employment proof; detailed itinerary; bank statements; insurance certificate).
  5. Proportionality & credibility: Emphasise ties to Nigeria and prior compliance with visas.
  6. Relief sought: Request that the refusal be set aside and visa issued.
  7. Annexures: Paginated list of attachments.

Mini analysis example

Issue: Whether refusal for “insufficient means” stands where the applicant has a verified sponsor in Germany.

Rule: Under Art. 32(1) of the Visa Code, refusal may follow if subsistence cannot be shown, but sponsorship and lawful access to funds may satisfy this requirement when credible and verifiable.

Application: Applicant provides a formal Verpflichtungserklärung (formal declaration of commitment), sponsor’s bank statements, proof of income, and identity. Embassy can verify the sponsor through German authorities.

Conclusion: Where sponsorship is credible and covers costs, a refusal solely for “insufficient means” may be disproportionate and reversible on remonstration or appeal.

FAQs

Can I remonstrate without a lawyer?

Yes. However, complex refusals (e.g., SIS alerts, security concerns) benefit from professional representation.

Is reapplying faster than remonstrating?

Only if you have cured the exact refusal grounds. Otherwise, a fresh refusal is likely.

Will this refusal affect future applications?

It can. Use remonstration or a well-documented reapplication to correct the record.

What if I suspect an error in assessing my documents?

Point it out specifically, provide clearer copies, and offer verification contacts in your remonstration.

Need tailored help?

1st Attorneys can review your refusal, draft a targeted remonstration, and coordinate with German counsel for court appeals where required.

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