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Schengen Visa => Schengen Visa Q&A => Topic started by: vishal123 on April 13, 2018, 12:55:15 pm

Title: Indian Overstayed schengen by 23 days.
Post by: vishal123 on April 13, 2018, 12:55:15 pm

I have an Indian passport and was holding a 4 year Schengen business visa. Back in October 2017, on returning from my last trip from Germany, I was questioned at the Frankfurt airport immigration office and was given a notice of overstay by 23 days (which was correct, but done by oversight and unintentional). Since we did not have enough time to resolve this issue then and make it on time for my flight back, i was given a letter which also stated that i will get more information from the court and sent away.

It has been 6 months since this happened. Repeated follow ups with the representatives of the court has given no result or addiontional information. I am looking to resolve this matter as soon as possible.

1. Is anyone aware how long the process could take, as we are unable to get that information from anyone (the polizei nor the court).

2. I was said i might have to pay a fine - how much would that be?

Thanks in advance!

Title: Re: Indian Overstayed schengen by 23 days.
Post by: danisara on April 23, 2018, 10:27:15 am
In case you do not receive any followup within 6 months, you can most likely disregard the incident. Overstays are usually resolved with a warning or a fine on the spot (at the time and place of departure). Court proceeding shall be finalized within 6 months.

Title: Re: Indian Overstayed schengen by 23 days.
Post by: steven on April 23, 2018, 10:48:58 am
It also depends on what papers you have signed upon your departure at the immigration office. Some offices have the traveler to sign power of attorney, i.e. some representative will represent them in front of the court. The traveler does not receive the decision from the court and never hears from the court because all and any documentation is sent to the authorized representative who keeps it and does not follow up with the traveler. The final outcome of this is quite often that the traveler has a record on file and his future visa applications will be rejected (because of the negative course ruling).

See this post - different traveler but the same problem in more details:

To resolve the problem, you would need to find out what papers were signed and who the authorized party is.

Title: Re: Indian Overstayed schengen by 23 days.
Post by: vishal123 on September 20, 2018, 12:20:34 pm
Update!! ;D


Its been a long wait period, and we finally have the information we need.

1. firstly, the so called 'Authorised Representatives' were of no use, as they barely did anythign to help us out.
2. through some research and phone calls to different courts, we finally got the information on our own that we were supposed to contact the District Attorney (Amtsanwaltschaft) in frankfurt. As this issue happed in frankfurt, and we were supposed to recieve information from them. Their link to their office is as below. There will be similar offices for different cities.

Google this - staatsanwaltschaften hessen frankfurt

3. when contacted the public prosecutor, they informed us that the matter has been closed. Below is their exact reply via email (Personal Details Blocked out). Official document will be sent by post.

Your file got the Registration number XXXXXXXXXXX:
the file was closed without any punishment for you and there will be no consequences for you from the Amtsanwaltschaft.
Mit freundlichen Grüßen/Sincerely