Schengen Visa: Getting a divorce

lida

Hi,

I am an Indian Married to a punjabi man settled in Denmark. Upon his advice I applied for a schengen visa (for a visit), hoping to join him. He had even sent me the sponsor letter to apply for the visa, but after applying the visa it looks like he had some misunderstanding with some of my family members and called me and said that he is no longer interested and therefore, he will not fill the questionnaire which the embassy sends him to grant me the visa. After that phone call I haven't heard from him even once. He doesn't pick up his phone and he doesn't answer my mails. I have no contact with him whatsoever. Its been almost four months since I have applied and I haven't heard anything either from the Danish immigration or from him. Now, here is my question, if my schengen visa gets rejected is there a way that I can reapply without his help ? or can I travel to Denmark by getting a visa from any other schengen countries, (like France or Sweden)? Or is there a way I could contact him and get a divorce if he is not interested in this marriage ?

mazha

You can probably enter Denmark with a Schengen visa issued by some other country (France or Germany, say). But they could also block you at the Danish border if you don't have a valid reason to visit. Getting a Schengen visa is not easy if you have not travelled to some western country before. I am not sure of this, but your Danish visa application may also be accessible to other EU consulates, so you may not be issued a Schengen visa by others as well.

I personally think it is pointless to go after this person if he is not interested. You will only lose a lot of money in the process. There are many women in your position, particularly from Punjab and Kerala, see this , and this.

If he is not willing to give you a divorce, file a criminal suit, and also try to get him into the list of undesirable persons, which would prevent him from entering India. That should teach him a lesson.

lida

Hi,

Thanx a heap for answering my question. I appreciate that u took time in answering. Those websites were very useful. Here is what I also would like to know. Since the marriage was legal and we got married in India (Bangalore). How could I obtain a divorce since I have no details about his whereabouts. secondly, how could I file a criminal suit against him when he doesn't reside in India. Do u think I could write to the Danish Immigration Service letting them know about what he did, so that he doesn't do it to anyone else ?

Rgds,

Lida

federica

Theoretically, you can get a Schengen visa from any other Schengen country and go to Denmark. The chances that you would be rejected from entering the country are low, as under normal circumstances there are no controls on the border and you would be holding a valid visa if checked in the country. But in this case you have to apply for a tourist visa. And there is no guarantee that you will get it.

A husband taking his wife to live with him usually has to apply for a different kind of visa. I know only the German name(translated it would be something like "the process of family-bringing-together"),
no idea how it is called in Denmark. (translated it would be something like "the process of family-bringing-together")

Think about it if you really want to spend that much money on a guy who is behaving like this! I feel very sorry for your situation, hope things will improve for you!

nayan

1. your schengen(tourist) visa has to be issued by the country where you are first entering or where you will stay during the majority of your stay(according to your iteniery).

2. you have to produce entire iteniery, return flight bookings, all hotel bookings and last 6 months bank statement and last 3 years IT return (to prove source of income and sufficient funds) and letter from employer stating you have been granted leave for your vacation and that you will return to your job after that.

3. you also have to go for personal interview in case you have not traveled to any schengen country before.

i think, at your present predicament getting the visa and following him to denmark wont be of much use. He may avoid you even if you managr to go to denmark.

better to start legal process against him from India. Start by consulting a good family/divorce lawyer.

federica

You mean you don't have his address? Ok, I guess in Danmark you have to register, (in Germany you have to), so he could be traced. Is he an Indian national or holding a Danish passport?

You can't file a criminal suit against him for not helping you with the visa, but maybe for other reasons?

lida

Hi Federica

Thanx for taking your time in answering my question. I am sure I am not going back to this guy coz I understand its not worth the deal, but what I am concerned about is, while I applied for the schengen visa at the embassy of Denmark, they stamped a seal on my passport stating that I have applied for the visa, with the date. I guess the only way I cud undo it is by traveling to any of the schengen countries atleast once. The reason I want to track him is not to settle with him but to sue him or take him to the cops so that he would never do this to any one..

Rgds,

Liz

lida

Hi Nayan,

Thanx for ur reply. Just wish to know if I could consult a good divorce lawyer here in India.

lida

I have his address and I had once asked a few of my friends who live in Danmark to check on that address and they told me that whenever they've gone there, there's no one who answers their call. I guess he's holding both Indian as well as a Danish passport.

mazha

You can get divorce by showing that he deserted you. Not sure whether getting in touch with Danish immigration would help at this point. If he is a Danish citizen, you should file a formal complaint, but don't expect anything to happen, at least not soon.

You should ask the Danish embassy about your visa application, and if you get a rejection, ask for a formal letter saying that, you can then use that documentation while making the divorce claim.

You can file a criminal suit even if he is not in India, saying either that he ran away with your dowry, or that he did not intend to take you with him, so the marriage was a sham one, and therefore constitutes rape. This option is being considered by Punjab police. See this link. Does he have family in India? If yes, make them party to the suit, that will make him come to the negotiating table.

If you are in Bangalore, get in touch with the Karnataka state commission for women, they can tell you more about your legal options. See this link as well.

mazha

Such seals are common, and you cannot undo them, they just tell the officer looking at your case that there was a previous application. Such seals don't necessarily block you from getting a visa the next time you apply. So you don't have to worry about that.

federica

Denmark doesn't allow dual citizenship, nor does India. Maybe this guy has a lot more to hide...

I think you have to look for a divorce as soon as possible, and as you are married according to Indian rights, you have to do that in India. No idea about the procedure, especially in his absence, but it must be possible (there was another thread here touching that topic)

Regarding your visa: maybe you can get an appointment for an interview at the Danish embassy, to withdraw your visa application. Just for the future, to prevent problems in case you are planning a trip to Europe (for a better purpose). If you show them your passport with a rejected visa remark could create disadvantages.

shere

Just pop along to your local police station and file a case. They will round up his family, rough them up and soon get an address. The case can be registered and next time he is in India he can be arrested.

Writing to the Danish immigration service will not do anything.

See if you can contact the likes of Balwant Singh Ramoowalia. Google for his details, if you have any problems let me know and I will dig out his contact details.

lida

Hi,

Even if I sue him here in India, what could any one do to him since his whereabouts are unknown. The first thing that I want to ensure is that he doesn't do this kinda thing to anyone else. Since his whereabouts are not known is there anyway that the court or the police could take any action against him ?

Rgds,

Liz

vinayverma

Disclaimer: I've not read all the posts above.
lida: did you file an FIR in India? if yes, what were the charges?
yes, you can travel to Europe on your own, if you meet the visa requirements.
You can trace the address of your bf/husband/wife from the mobile number through his telecom service provider.

and last thing which everyone here is daring to say/ask is 'are you fake and/or this story is fake, are you so naive to fall in this age old trap' ?
I hope I'm wrong and can help you.

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