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Refusal to issue a visa for employment
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Refusal to issue a visa for employment

Consular officer may refuse to issue a visa to a foreigner if the latter does not fulfil the conditions necessary to obtain a visa, namely s/he does not have the relevant documents or s/he uses falsified or counterfeit documents. Another reason for refusing the issuance of a visa may also be recognizing the foreigner’s stay in Poland or other Schengen zone country as undesirable, threatening state security, etc.
The list below presents detailed reasons for the refusal to issue a Schengen visa as well as a national visa by the consular officer. The reasons have been defined separately for each type of visa. It is a natural consequence of the fact that the requirements for a foreigner to obtain both types of visas are different.
Accordingly, the foreigner may be denied Schengen visa, when, for example:

  • s/he presents a false, counterfeit or forged travel document (passport);
  • s/he does not submit appropriate documents to justify the purpose and conditions of their stay;
  • s/he fails to provide the evidence of sufficient means of subsistence (monetary means) adequate to the duration of their intended stay and the means that allow to return to the country of origin;
  • s/he is regarded as a person whose presence poses a threat to public order, internal security, public health or international relations of any of the Schengen countries;
  • where applicable – s/he does not provide the evidence of an adequate and valid travel medical insurance;
  • have exhausted the limit on residence in the Schengen Area;
  • the authenticity of additional documents submitted by the foreigner, their accuracy or their content raise serious doubts.

Consul of the Republic of Poland may refuse to issue a national visa to a foreigner in the following cases:

    • when s/he does not have sufficient means of subsistence for the duration of intended stay in Poland and for his/her return to the country of origin (residence);
    • when the foreigner does not have an adequate health insurance;
    • when the foreigner’s data appears on the list of foreigners whose stay in Poland is undesirable;
    • when issuing a visa to the foreigner would result in a threat to national defence or national security, to the protection of security and public order or would undermine the interests of Poland;
    • when the foreigner does not justify the planned stay in Poland; does not submit the appropriate travel document or when it is proved that in the course of visa application s/he presented false information, has testified untruthfully or has concealed the truth.
        When the consul issues a decision that denies Schengen or national visa to the foreigner, the latter is entitled to request a reconsideration by the same authority, namely by the Polish consul. Such a request must be made within 7 days from the date when the foreigner was served with the decision to deny the issuance of a visa.
      • Thus, if the refusal to issue a Polish visa is obtained with the requirement of an additional interview or information, then it is logical to fulfil these requirements. If after that the refusal is confirmed then you should choose one of the following options:

        1. Re-registration of a national visa. If there were errors in previous documents, which made the basis for refusal, it makes sense to apply for a visa again. Of course, errors must be corrected and missing documents must be provided. Also, it will be necessary to pay the cost of a working visa once again.
        2. Appeal. All individuals whose visa applications have been denied or whose visas have been withdrawn have the right to obtain a written explanation of the decision. They may appeal the decision within seven days upon receipt of the written decision. They must submit the appeal to the authority which issued the negative decision.
        3. Help of lawyers intermediaries. Legal assistance in case of denial of a visa is most effective. Experts will analyse all the documents, point out the shortcomings, and will assume the mediating role in dealing with the consulate.

Contents of the appeal letter

        1. Name, surname, date and place of birth;
        2. Date of negative decision.
        3. Actual residence address, email address.
        4. Detailed purpose of the trip.
        5. Detailed opinion of the applicant about unlawfulness of refusal.
        6. A set of documents confirming the applicant’s argumentation that were not previously submitted.
        7. Signature of the applicant.

How to appeal to the Embassy?

The appeal letter goes to the Embassy where the case is being examined. New, additional documents submitted by the applicant should be considered in conjunction with those sent previously. The visa department of the Polish Embassy can contact the applicant to clarify the data and / or request for new ones.
In case of a positive decision, the applicant is invited to an interview with the Embassy. If the decision is negative, the applicant is notified about this letter indicating both the reasons for refusing to review the case and the general reasons for refusing to issue a visa.
If there is a refusal, there are several ways to influence the situation. You can choose the most suitable one, but remember that the number of failed attempts affects decisions in the future. If errors or incompleteness of data become the main reasons for the refusal, it will be more appropriate to turn to professional intermediaries. Specialists will help to resolve issues more quickly and, most importantly, reduce significantly the number of failed attempts.