Schengen visa refusal twice: appeal process?

Question

My Schengen visa was rejected twice.

I booked a honeymoon package to Europe for 8 days from a travel agent, which included multiple European places. The departure from Mumbai is on June 28, to France. I submitted all documents to them. They cross-checked everything and submitted to VFS at the France embassy in Mumbai.

The first time it was rejected, it stated 1) "sufficient means of subsistence not provided."

Hence the agent told me to maintain a sufficient balance and that they would reapply and gave me date of 16th September 2014.

The second time I maintained funds and also submitted some extra documents like marriage certificate. Again it was rejected with two reasons:

1. Insufficient means of sustenance.
2. Intention to leave the territory could not be ascertained.

I don't understand how can they do such negligence for the second time.

Is there any way I can go to the French embassy in Mumbai and explain all this and get it sorted?

I wrote an appeal to the commission of appeal in France, once soon after my first visa refusal but the commission replied back stating that since the appeal letter is written in English, they have rejected the appeal letter.

I feel mentally tortured not only because my visa was rejected but also because I made full payment of 230,000 INR to the agent and they are refusing to refund the entire amount.

Any help would be greatly appreciated.

Answer 1

Judging by the reasons listed in your denial I would wager that one or more of the following are an issue:

1. Insufficient means of sustenance
   This primarily means that the proof of your bank balance is either not considered proof enough, or more likely is considered insufficient. Check the website below for how much per day of the stay you should have allocated for your trip. Since you are requesting it from French government it is French conditions that you should satisfy(bit more then 50 euros per day). http://www.mediavisa.net/schengen-means-of-subsistence.php

2. If the tourist agency provided you with a return ticket and you have a sufficient bank balance then what they listed as a denial reason number two is a bit weird. The only reason I can think of it is a reputation of the tourist agency in question, a previous case of their 'tourist' overstaying or something.

In any case you should definitely call or e-mail an embassy and ask about your current case and ask if they can clarify the denial points. Most importantly to have them tell you how much money is enough and how can you prove you are coming back. Based on their reply you should draft an appeal in French.

As far as the agency and your refund you should check your contract with them and refunding conditions. If it states they are responsible for obtaining your visa then you are probably entitled for a refund and could sue them for it. If it says it is your responsibility you are not likely to get refunded at least not through legal means.

In that case one other option to consider would be to negotiate your payment as a payment for a different, non schengen visa requiring, trip through the same agency...