A Connexion reader reports being rejected for a long-stay visa under the ‘visitor’ category, despite apparently meeting the requirements. Here, we review points to consider when applying for this visa to help avoid a rejection, and what you can do if it happens.
The reader, who applied in London, told us that despite having an S1 form as a UK state pensioner, he was rejected on the grounds of 'insufficient health insurance'.
He says he gave 'retirement' as the reason for his stay, but was told the information given about the 'purpose and conditions' of his planned stay were incomplete and/or unreliable.
First, in the case of a visa rejection, there are two main courses of action: appeal, or start again with a fresh application.
If you have received a formal rejection or no response to an application lodged two months ago – considered an implicit refusal – the formal process involves an appeal to the Commission de recours contre les decisions de refus de visa d’entrée en France (CRRV).
An appeal to your French consulate, called an appel gracieux, can also be made in writing, but this does not stop the time period to appeal to the commission running out.
Experts we asked said it is unlikely to succeed. A CRRV appeal has to be done in French, by registered post. It is located in Nantes, and you can find the address here.
Refusals do not have to be addressed
However, visa consultant Ilya Zlokazov, from Valbonne, Alpes-Maritimes, says this body is not obliged to consider appeals on their merits, or even to respond.
No reply from the CRRV within two months is again seen as tacit refusal, at which point it is possible to appeal to the Nantes administrative court.
Hearings are typically scheduled in around one year unless exceptional circumstances are shown.
You are not obliged to be represented by an avocat (lawyer) but can be if you choose.
Equally, it is not obligatory to attend in person when a court hearing is held, but it is recommended.
“In my opinion, it might be more practical to reapply in a situation such as the reader’s,” Mr Zlokazov said.
Another expert, avocat Alexandre Gillioen, from Lyon, advised either the full appeal – if you made a correct application but your situation was not accepted – or starting again if it is an issue such as insufficient supporting paperwork.
Read more: Hopes rise for simpler French visas and residency after new decree
Potentially double-up on health insurance
With regards to health insurance, it appears an error was made.
The france-visas.fr web
site states that people staying longer than six months require a year’s private health insurance, “except for retirees receiving a British retirement pension who may provide the S1 form delivered by the NHS”.
Mr Zlokazov said an S1 form “usually suffices”, but “consulate staff do not always study the documents thoroughly, and can make mistakes”.
He added that, to ensure success in future, it could be worth investing in a private 12-month policy in addition to the S1, the cost of which starts from around €500 a year.
This might also be helpful in tiding you over as you seek to enter the French health system, which can take some time.
Read more: What happens at an in-person appointment for a French visa?
Tips on making correct declaration
As for applying as a state pensioner, the correct option for votre projet (your plans) is visiteur, which is the name of the visa for people who will be living off their own pensions and investments, as opposed to working in France.
In the 'profession' section, Mr Zlokazov said you can select the retraite option if you provide proof of being a state pensioner.
Otherwise, you may put sans profession (no profession).
It is also important to provide evidence of your ability to support yourself in France.
A UK state pension, on its own, might not be enough.
If you own a home in France, give details.
You can put the address in the section headed mon hôtel ou lieu d’hébergement.
Perhaps stress the fact with the wording in the name, such as ‘My house in France: Les Peupliers’.
We suggest adding a note about home ownership in the next section, on financing your stay.
You must also give a signed handwritten statement swearing not to work in France.
Read more: What documents do I need for a visa application to travel to France?
