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Subject: Appeal Visa to The Berlin Administrative Court

In my previous post, I talked about my visa refusal.

I found information on the German Embassy website: "The Visa Section informs that Remonstrance cannot be made in connection with the ongoing pilot project until June 30, 2025. In the event of a visa refusal, the legal steps that you can take are the instructions on the right to appeal (Rechtsbehelfsbelehrung)," which means the appeal must be submitted to the Berlin Administrative Court and not processed at the German Embassy in Jakarta.

The German Embassy in Jakarta is undergoing a pilot project until June 30, 2025, which temporarily precludes the submission of remonstrations at their office. Therefore, visa appeals must be submitted according to the instructions outlined in the rejection letter.

This time I will take close what documents I prepared for the visa appeal to the Berlin Administrative Court. As stated in the rejection letter: "There are reasonable doubts about your intention to leave the territory of the Member State before the expiry of the visa."

I addressed the concerns raised in the refusal letter.

All appeal documents must be submitted in German. Consequently, I enlisted J's assistance in translating my letter. J also concurrently filed an appeal as my sponsor. Appeals can be submitted via post or fax. If an appeal is being represented by a person or sponsor residing in Germany, the representative's contact information must be included in the appeal letter.

These are the documents I attached to my appeal:

1. Appeal Letter from Applicant:

This letter outlines the reasons for my planned return to Indonesia, including my responsibility for caring for my 66-year-old mother and my continued employment as a freelancer within the country.

2. Appeal Letter from Sponsor (J):

This letter confirms J's commitment to my visit, including his declaration of support (Verpflichtungserklärung) and a deposit of 3,000 Euros. It also guarantees that I will abide by the visa regulations and return to Indonesia before the visa expires.

3. Parental Statement Letter:

This letter from my mother affirms her reliance on me for her care and acknowledges my responsibility to return to Indonesia. It also confirms that I am responsible for all travel expenses, while J will cover my living expenses during my stay in Germany.

4. Visa Refusal Letter:
The original visa refusal letter must be included for reference. 

5. Declaration of Existence of Relationship (Optional):
This document, if included, will be a joint statement signed by J and myself, acknowledging our relationship and the purpose of my visit. 

6. Family Card and Mother's ID Card:
While not strictly required, these documents were included to further support the information provided in my mother's statement.

7. ID Card and Passport:
These documents were included at J's request, although not explicitly required for the appeal process.

8. Return Flight Ticket:
Although not mandatory, the return flight ticket was submitted as evidence of my intention to return to Indonesia as planned.

This is the Declaration of Existence of Relationship. The look is so classic.

I forwarded all the required documents to J via email. He then printed them and mailed them to the Berlin Administrative Court by post.

How long will the appeal take? Nobody knows.

"You have the alternative option of filing a lawsuit with the Berlin Administrative Court within one month of the rejection. A formal judicial review is only possible in Germany. It is not possible to process a new visa application until the legal action has been completed, which often takes several months."

The processing time for an appeal is uncertain, potentially lasting a month or even several months. However, this avenue is available to me at no additional cost. While I could reapply for a visa, I prefer to see how this appeal process unfolds.

This makes it convenient that visa appeals don't require a lawyer. It is mentioned in the FAQ on the website Berlin.de:

"Do I need an attorney to file legal action at the Administrative Court Berlin?"
"No."

I've even thought of another backup plan. For example, going on holiday to Serbia and hoping J and I will be able to meet there. J has been thinking of going to Turkey.

Several countries in Europe waive visas for Indonesian passports: Turkey, Albania, and Azerbaijan, one of which is Serbia and is also Belarus. These two countries, Serbia and Belarus, are approximately 2 hours by plane from Germany. As I stated before, I will not be giving up before I meet J again.

We've done all we can. Let's patiently await the results.

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