Does a visitor visa remain valid if one appeals the rejection of a D visa?

The embassy has the national Visa denied. The appeal has been filed with the Berlin Administrative Court. The passport still has a valid sticker. Schengen visa . Is it now permissible to travel to Germany with this visa, for example to...? Want to visit family or meet a prospective employer in person? The short answer: Yes, a valid C visa remains valid and can generally be used even during a visa appeal. Appealing the rejection of a D visa does not change the validity of a previously granted visitor visa. However, whether entry is actually successful depends on the border. In our experience, this is precisely where the real obstacles lie.

Why does the C visa remain valid despite the ongoing legal proceedings?

Legally, these are two separate procedures with different residence permits. A Schengen visa for short stays of up to 90 days within a 180-day period is available in Section 6, paragraph 1, number 1 of the Residence Act (AufenthG) governs this and is based on the European Visa Code. For longer stays, i.e., for working, studying, or for [the purpose of...] Family reunification requires Section 6 paragraph 3 of the Residence Act, on the other hand, provides for a national Visa , the so-called D visa.

With this lawsuit, you are demanding that the Federal Republic of Germany be compelled to issue the D visa. Such a lawsuit only concerns the rejected application. It does not affect a visa that has already been granted. The Schengen visa expires, and in addition, it is suspended. Incidentally, the Berlin Administrative Court has jurisdiction over all visa appeals against decisions of German diplomatic missions abroad ( § 52 No. 2 Sentence 4 VwGO ). This applies regardless of where in the world the application was submitted.

Based on our experience with numerous visa applications, the following applies: As long as the authorities have not explicitly cancelled or revoked the C visa, it remains valid. If a The fact that the visa was not revoked is a strong indication that its use is unproblematic. The refusal of a D visa does not automatically invalidate a visitor visa.

So where does the risk lie when entering the country?

A valid A visa does not guarantee entry. The Federal Police check at the Schengen external border upon each entry to ensure that the requirements of the Schengen Borders Code are met. This explicitly includes the requirement that the traveler can prove the purpose and circumstances of their stay and has sufficient funds for their stay. If these requirements are not met, entry may be denied. Residence permits under Section 15 of the Residence Act may be refused. The visa can then be cancelled or revoked at the border (Art. 34 Visa Code).

In practice, officials in the Visa Information System (VIS) see that an application for a national A visa application was submitted and rejected. This leads to a typical conversation: Anyone who clearly intends to live in Germany long-term must credibly demonstrate that they are only visiting this time and will leave again in due course. The Federal Police have discretionary powers upon entry and can specifically question the purpose of the trip. What matters is not what is stated in the application. It's not about the visa itself, but how convincingly you demonstrate that you will return.

The situation becomes particularly critical if the D visa is refused for reasons that also apply to the visitor visa. These include, for example, doubts about identity or the authenticity of documents, or suspicion of a sham marriage. In such cases, there is a real risk that the authorities will also scrutinize the C visa application.

How do you properly prepare for entry?

We advise our clients to prepare as if the purpose of their visit might be reviewed again, because that is exactly what can happen. Helpful documents include a booked return flight within the permitted length of stay, an invitation or a specific reason for travel, and proof of accommodation and financing. A valid [document/document/etc.] is also required. Travel health insurance is required. Anyone who has a job or ongoing health insurance in their home country should have it. Anyone who has studies or other commitments should be able to prove that as well.

Honesty is equally important. If asked, you should not conceal the pending lawsuit. Contradictory statements to border police often cause more harm than the lawsuit itself and can lead to... Legal proceedings will be used against you.

Can you stay in Germany with a C visa and... Can I apply for a residence permit directly?

We ask ourselves this question Spouses , Skilled workers and employers are particularly often targeted, and caution is advised here. Generally speaking, for a long-term stay, the correct information must be obtained before arrival. Have a visa ( § 5 para. 2 Residence Act ). From visitor visa to Changing one's residence permit within the country is only possible in very limited exceptional cases. Section 39 of the Residence Ordinance (AufenthV ) makes this possible. An example is the case where the entitlement to the residence permit only arose after entry ( Section 39, Sentence 1, No. 3 AufenthV ). This is precisely what is usually lacking when the D visa has already been applied for and rejected, because then the purpose was already determined before entry.

There is also an often overlooked point. If you submit an application to the [relevant authority] during a Schengen stay... The immigration authority does not automatically extend the residence permit ( § 81 para. 4 sentence 2 of the Residence Act ). Therefore, the residence permit is not automatically extended. Anyone who, after the expiry of the If the visa remains valid, the person is residing illegally in Germany. Under certain circumstances, they are committing a criminal offense ( § 95 AufenthG ) and risk an entry and residence ban. Section 11 of the Residence Act (AufenthG ) . Anyone who overstays their C visa can effectively ruin a promising visa appeal. In such cases, the Berlin State Office for Immigration usually consistently refers to the visa procedure.

What alternatives are there to waiting for the verdict?

Many affected individuals see only two options: wait or submit a new application themselves. Neither is often the best solution. Those who submit a new application independently, without properly addressing the reasons for rejection, frequently receive another rejection. This then also affects the ongoing process. Legal proceedings play a role. Standard information from forums or online tools does not take into account the interplay between legal action and visitor visa, nor the practices of border authorities.

We therefore examine in each case what will lead to the desired outcome more quickly: a lawsuit, a parallel, improved application, or a discussion with the embassy or consulate. It is not uncommon for the embassy to relent during the proceedings once the legal arguments have been presented convincingly. This saves months. For employers who rely on a Waiting for a skilled worker , you can also use the accelerated skilled worker procedure according to Section 81a of the Residence Act may apply.

Conclusion: Use a valid visitor visa, but with a strategy.

A valid C visa remains valid even during an appeal against the rejection of a D visa at the Berlin Administrative Court. It may be used for genuine short stays, such as for visiting [something - likely a specific institution or organization]. Spouses , at the Children or for meetings with a prospective employer. The danger lies not in the law, but in practice: The Federal Police can examine the purpose of entry and, in case of doubt, refuse entry or detain the applicant. Visa cancellation. Those who travel well-prepared, adhere to the permitted length of stay, and avoid attempting to circumvent the process by submitting an application domestically not only protect their trip but also their chances of success in an appeal. VISAGUARD.Berlin accompanies you throughout the visa application process, before court and in planning your entry.