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As mentioned in my previous question, I had a France long-stay visa refusal (the reason for refusal was "risk to public order/public security/health") in Dec, 2022. My immigration consultant filed an appeal in Feb 2023 to CRRV commission but we did not receive any response in two months which means refusal of appeal. Now we have file a fast track appeal to administrative court. If fast track appeal is accepted then in 2-4 weeks court can suspend the visa refusal and through standard appeal process, fate of the appeal will be decided. If fast track appeal refused then standard appeal may take 8-12 months even more. In addition we have written a letter to their ministry to check they have any record of me in Schengen integrated system (SIS)?

Worth to mention that I have no criminal record and I have never been in Schengen area so no idea why I have this refusal. The worrying thing for me is that my UK visa will expire in Oct, 2023 and I have to apply for skilled work visa in Aug 2023 and I am very worried that if by Aug, 2023 the French visa refusal does not erase from my record then this reason of refusal may affect my UK skill work visa. I do not need a French visa anymore so I only asked the court to suspend visa refusal and erase refusal record. Is there anything else I can do to get decision as soon as possible or any other thing which can support me in any way? I am really worried since this refusal and with every passing day I fear that French refusal may affect my UK visa and I may lose job in UK which I really like.

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  • Is your 'immigration consultant' a french lawyer ?
    – audionuma
    Commented Apr 15, 2023 at 6:01
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    @audionuma he is a French immigration consultant and consultant can file an appeal for CRRV and administrative court. For standard court which could be next step then would require a french lawyer.
    – Stark
    Commented Apr 15, 2023 at 10:55

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Is there anything else I can do to get decision as soon as possible or any other thing which can support me in any way?

Sadly no, you have to go through the whole procedure and it always takes 1-2 years from the first application. I have seen this even for ludicrous decisions the ministry chose not to defend in court and that ultimately got overturned.

I have even seen at least one case (in a citizenship case so a slightly different procedure against the interior ministry, not foreign affairs) where the ministry pulled the decisions weeks before the court date because they noticed themselves it wasn't sound. But until then, they just let you fight the procedure and hope most people give up.

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I do not need France visa anymore so I only asked the court to suspend visa refusal and erase refusal record.

Applicants have the right to appeal a visa refusal (Visa Code Article 32 (3)).

Only when the decision to annul the refusal of the visa becomes final will the record in the VIS (Visa Information System) be deleted.

Otherwise it will be retained for a period of up to 5 years starting on the date of the refusal.

The Visa Code (and VIS Regulation) do not contain any provisions to have the refusal record removed simply because you no longer require the visa.

Thus the only way to get the record removed is to get the refusal decision annulled or revoked through an appeal, which you applied for in February 2023.

Visa Code
Article 32 Refusal of a visa
...
3. Applicants who have been refused a visa shall have the right to appeal. Appeals shall be conducted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI.
...
5. Information on a refused visa shall be entered into the VIS in accordance with Article 12 of the VIS Regulation.
...

VIS Regulation
Article 12 Data to be added for a visa refusal

  1. Where a decision has been taken to refuse a visa, the visa authority which refused the visa shall add the following data to the application file:
    ...
    (c) place and date of the decision to refuse the visa.
    ...

Article 23 (Retention period for data storage)

  1. Each application file shall be stored in the VIS for a maximum of five years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34.
    That period shall start:
    ...
    (d) on the date of the decision of the visa authority if a visa has been refused, annulled or revoked.
    ...

Article 25 Advance data deletion
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3. If the refusal of a visa has been annulled by a court or an appeal body, the Member State which refused the visa shall delete the data referred to in Article 12 without delay as soon as the decision to annul the refusal of the visa becomes final.
...

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  • thank you for your comment. CRRV commission appeal which was made in Feb, 2023 has no response and considered as implicit refusal. As per my immigration consultant in fast track appeal to administrative court he requested the judge to suspend the visa denial, which means the visa denial would be erased until it is re-examined by the Central Visa Department. My worries is, if fast track appeal denied then this refusal may affect my UK visa application as standard appeal process time is very lengthy.
    – Stark
    Commented Apr 15, 2023 at 11:05
  • Is there any process I should initiate or gather any document which support me while applying for UK visa and negate this refusal?
    – Stark
    Commented Apr 15, 2023 at 11:10
  • Only by resolving the cause of the refusal. That is what your lawyer must resolve (the background leading to the refusal based on Article 12 (2)(vi), that you quoted). As long as the refusal is considered valid (not annulled), the entry in the VIS system will remain. The VIS Regulation contains no other reason other than a succesful appeal to remove the refusal entry.
    – Mark Johnson
    Commented Apr 15, 2023 at 12:09
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    @Dr.Snoopy Do you understand the consequences of not revealing a visa refusal to the UK authorities? The OP does understand that, thus the question.
    – Mark Johnson
    Commented Apr 17, 2023 at 19:32
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    @MarkJohnson That's not my point. You seem to fail to comprehend what kind of “record” we are actually talking about. They are not seeking to enter the Schengen area or asking about the logistics of Schengen short-stay visas. What they are asking about is vacating the original decision to be able to truthfully tell the British authorities that they have never been refused a visa. Of course, the visa code is wholly irrelevant. Article 32 does not apply here and doesn't regulate how member states handle their national visas. That's just a fundamental misunderstanding of how EU law works.
    – Relaxed
    Commented May 4, 2023 at 6:23

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