К сожалению, сейчас новогодние билеты уже пропали, придумываем новые даты, когда податься. Но если бы мы подали на визу хотя бы за месяц-полтора-два, а не за три недели до планируемой поездки - был бы шанс успеть отапеллировать.
Как-то глупо всё. Моей спутнице вообще изначально отказали на том основании, что у нее нет достаточных средств - хотя она предоставила выписки по депозитам на сумму больше 5 лямов, вполне приличную московскую зарплату в известной компании, а приглашающая сторона обещала взять на себя все расходы (спутнице тоже удовлетворили апелляцию).
Избранные цитаты из моей апелляции (умышленно написал неформально):
I was refused a visa on the following grounds:
- the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable
- there are reasonable doubts as to your intention to leave the territory of the Member States before the expiry of the visa
The refusal letter also contained the following remarks:
«You have not provided evidence of sufficient roots in Russia.
Your wife is travelling with you.
You have not provided evidence of any previous stays.»
I have to disagree with each of these reasons.
1. Roots in Russia.
As I have stated in my application, and as I have proven with the documentation previously provided, I have more than 20 years of post-qualified experience as a Russian lawyer, with the last 8 years employed by one and the same client. I have also provided you the proof of ownership of a valuable real estate commercial and residential properties in the very center of Moscow.
As I have mentioned in the cover letter to our application, Russia is the only jurisdiction where I am allowed to practice Law and legal practice is the only trade I can do for living.
I do not know any regulation requiring the applicant to prove his “roots” in his native country, neither a I cannot understand to what extent one has to prove his “roots” to be worthy of being able to visit his mother in Austria. But I am more than deeply rooted in Russia.
Though I am more of a transactional lawyer rather than a court lawyer, at the moment I am involved in a number ongoing court cases. I cannot throw up these proceedings. (ссылки на дела на сайтах судов с датами следующих заседаний)
(...)
2. I do travel with my partner.
Yes, we often spend our vacations together with my partner. I believe this is natural to spend vacations together with one’s family. We are family, so we want to visit my mother together. I cannot see how this can be the legal reason of refusal for my visa.
3. I have not provided evidence of any previous stays
There is no legal requirement for providing such evidence in order to justify one’s purpose to visit his old mother. I have provided my birth certificate that proves that Ms.ХХХХХ who is the permanent resident of Austria, is my mother. For anyone who has a mother it is natural to be able to see her personally from time to time.
I mostly visited my mother during my vacations in Europe. I have never collected the tickets on purpose and sometimes I bought the tickets from the cashier and travelled by car, so, I can prove only some of my visits.
Please see the bus and train tickets to TownName enclosed to this appeal (each of these tickets has my name in it):
1.
...
5.
In conclusion, I assure you that if I wanted to immigrate to the European Union, as a professional lawyer with sufficient financial resources, I would have built a proper case in order to immigrate legally. But for the reasons I have mentioned above, I am deeply enrooted in my country and do not have the desire to move to Europe. We need visas only to visit my mother from time to time.
In view of these circumstances, I kindly ask you to reconsider your decision and grant me a type C visa.
