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I am from Mauritius and was supposed to take employment in Germany on the 23rd January in Dusseldorf. I was told by my company, who confirmed with the foreign office, that i should not require a visa to enter Germany and upon landing, i should go to the Foreign office to apply for residence permit.

Unfortunately when i landed, the border officers didn't let me through and told me to go back to my country an apply for a visa.

I did and today when i went to fetch my passport i was told that my visa application was denied because i was refused entry once.

What is the next step i should do in order to get my visa? Many people have advised me to seek help with an immigration lawyer who is familiar with the German immigration.

Help please. Do i still h ave chance of getting a visa? Are there any kind of appeal i can make?

Thanks

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  • You'll probably get better answers to this question on Travel. Would you like it migrated?
    – feetwet
    Feb 27, 2017 at 15:59
  • Someone from travel told me to try and seek law help from here. Feb 27, 2017 at 16:38
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    Travel is for people doing short term travel. If you want to ask questions about moving to another country for long stays you should go to expatriates.stackexchange.com
    – SJuan76
    Feb 27, 2017 at 18:13
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    Reach out to the German embassy in your country and ask them for guidance. Reach out to your country's consulate in Germany as well. Ask your employer if they have an immigration lawyer you can speak with or, if they're uncomfortable with that, what guidance they can offer. Finally, get that immigration lawyer everyone is recommending you get — it's good advice.
    – Michael
    Feb 28, 2017 at 21:03

1 Answer 1

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You were refused entry at a Schengen border control point because you intended to work but did not have the proper documentation to work. In order to work in the EEA you need to be an EEA national or have a work permit issued by one of the member states.

So you returned to your home country and filed a proper application which was refused...

I did and today when i went to fetch my passport i was told that my visa application was denied because i was refused entry once.

This is a partial reason only. Your refusal of entry was recorded on a database and there's an article at On which registry or list are Schengen refusals of entry recorded? describing the process. Despite internet lore that refusals of entry are not recorded and have no effect on a person's history, those events are in fact taken into account.

But I say 'partial' because a visa refusal on this basis alone is disproportionate and unlikely to happen. You would have received a letter giving you you the lawful grounds for your visa refusal.

Your questions...

Do i still h ave chance of getting a visa?

Yes. But given what's happened so far, it's likely you will need your next application to be represented by a practitioner with a practice area in work permit refusals.

Are there any kind of appeal i can make?

Yes, it is mandatory that the member state issuing a refusal provide appeals information whenever an appeal pathway is available to an applicant. It would be in your refusal notice. If you did not receive your refusal notice, or you misplaced it, you should submit a freedom of information request (or let your practitioner handle it).


If you have a question about a specific work permit, you can use the Expats site.

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