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 1 
 on: April 24, 2018, 05:59:02 am 
Started by Hoysala - Last post by Hoysala
Thanks a lot for valuable information & help.
I will post if I get any information from SIS

 2 
 on: April 23, 2018, 12:37:13 pm 
Started by Hoysala - Last post by danisara
You need to find out your status that is recorded for you in the SIS (Schengen Information System). SIS II con­tains da­ta on non-EU na­tion­als for whom an alert has been is­sued for the pur­pos­es of re­fus­ing en­try (e.g. for hav­ing com­mit­ted an of­fence). Each Schen­gen state has ac­cess to this da­ta in the form of a na­tion­al in­for­ma­tion sys­tem (NSIS). Ger­many's NSIS is man­aged at the Fed­er­al Crim­i­nal Po­lice Of­fice. Under the Freadom Of Information Act and also under the General Data Protection Regulation you are eligible to know what information is stored in this system about you. The outcome of your query can be in the following two scenarios:

a) You have been issued a ban. The information shall provide also detail about when this ban will expire.

b) You have not been issued a ban. In that case you can apply for new Schengen visa (I would suggest applying through some other Schengen country). How long you should wait before submitting new application? Unfortunately, there is not definite answer to this question. Technically, you could apply right away, however, it is obvious that your application probably would be denied again. A general rule of thumb is to wait a year or two. With the current global immigration situation being pretty bad, unfortunately there are not many good news to offer.

For more information on how to get the information in Germany, see here:

Right of ac­cess to da­ta stored in the Schen­gen In­for­ma­tion Sys­tem (SIS)
http://www.bva.bund.de/EN/Organisation/Abteilungen/Abteilung_S/SIS/sis_information_request.html

See also this document - Germany on page 33:

THE SCHENGEN INFORMATION SYSTEM
A GUIDE FOR EXERCISING THE RIGHT OF ACCESS
http://www.mvcr.cz/soubor/sis-ii-guide-of-access-2014-pdf.aspx

 3 
 on: April 23, 2018, 10:48:58 am 
Started by vishal123 - Last post by steven
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:

http://www.maxi-pedia.com/forum/index.php?topic=1433.msg3452

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

 4 
 on: April 23, 2018, 10:38:42 am 
Started by Rongrod - Last post by zaragoza
Yes, this system is called the Visa Information System or short VIS. This system stores travelers information, such as date, time, carrier of arival and departure. See here for more details.

Visa Information System

In case you need to prove the you left Shengen area, you should have asked the officer to stamp your passport. Since you do not have that, you can use your flight ticket as a supporting evidence. Your flight ticket has you name on it, is paired with your passport number and has the nature of official document.

 5 
 on: April 23, 2018, 10:32:53 am 
Started by pawel - Last post by yaris
I just got my Schengen visa from Embassy of Spain, they gave me multiple entry visa. This coming June I will travel to Spain for a short visit (tourism). Since my visa validity is up to September, I am planning to travel again to Europe in August but that time it will be in Austria.

My question is, can I enter in Austria directly in August instead of Spain? or should I enter again in Spain because they are the one who issued my visa?

Please, do not double post, and the same question under different names. This question has been answered here:

Schengen entry point with multiple visa
(http://www.maxi-pedia.com/forum/index.php?topic=1426.msg3440#msg3440)

 6 
 on: April 23, 2018, 10:27:15 am 
Started by vishal123 - Last post by danisara
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.

 7 
 on: April 23, 2018, 10:19:56 am 
Started by Arceno - Last post by porsche
With his green passport my father came from Turkey to Germany on 6 August 2017, then he left Germany on 12 September 2017 and came to Turkey

Then he came from Turkey to Germany again on 29 October 2017, then he left Germany on 9 December 2017 and came to Turkey.

Then he came from Turkey to Germany again on 11 February 2018, then he left Germany on 6 April 2018 and tried to come to Turkey.

The explanation of

Quote
continuous visit or several visits whose
duration does not exceed three months in any
half year from the date of FIRST ENTRY

is that the duration shall not exceed three months in any half year from the date of FIRST ENTRY - but first entry within that period of 6 months.

In other words, upon your departure on 6 April 2018, you look back 180 days. You get 8 October 2017, that is the day on which your 180-days period starts. Then you count your days between 8 October 2017 and 6 April 2018. The officers were correct when they ignored the August visit from their calculation.

 8 
 on: April 23, 2018, 10:05:10 am 
Started by Arceno - Last post by steven
I am a Filipino citizen married to a British citizen we are living in Spain, my problem is I am here on a Non EU spouse married to an EU citizen visa, it ran out in February but i am told as long as I am with my husband I am fine to stay, unfortunately I need to go back to the Philippines for a month, if my husband is at the airport with me but not leaving with me will I be penalized for overstaying my visa and will I be able to get a visa to return. I am not able to get residence in Spain until I return from Philippines my husband has Spanish resident status

My advice is to get the residence in Spain before you go anywhere. Departing the country and attempting to come back with overstayed visa might be major complication.

 9 
 on: April 23, 2018, 10:02:05 am 
Started by kovik - Last post by bugibar
Check your visa, there should be a"valid for" line. In case that line reads multiple Schengen states, i.e. is not limited to Spain only, you are eligible to travel to any Schengen country. In that case, the order of visited countries does not matter. Spain just should be your "main destination". In case your visa is limited to Spain only, you would not be allowed to travel to Austria at all.

 10 
 on: April 20, 2018, 12:19:52 pm 
Started by Hoysala - Last post by Hoysala
Hi,

I went to Sweden on a business trip from company in 2017 April (16th April to 06th July).
While returning I was caught by immigration officer at Frankfurt transit. They notified me about my overstay for 5days and asked reason for it and also asked fine (money). I gave reason as am not aware of 'duration of stay' and more over company booked the return ticket and regarding fine I refused to pay as I did not had money at that time. Later officer took sign on some legal papers telling some body on behalf of me will take issue in Germany court. And they left me with warning not repeat it again.

Main trouble started when I applied new Schengen visa application for this year business trip from company.
First: Sweden New Delhi embassy refused to provide visa stating that "Your intention to leave the territory of the member states before the expiry of the visa could not be ascertained"

Second: So I appealed this decision by sending letter (apologizing, accepting my mistake and assuring won’t repeat mistake again) to Sweden new Delhi embassy through mail, again they refused my appeal and forward my request to Gothenburg immigration court, court also rejected my appeal by giving reason as " He stayed in Sweden for 83 days instead of 78 days and left the Schengen area before the expiry of the visa. There are therefore a risk that he will not respect the visa period if he now be granted a visa".

Kindly anybody guide me on how can I further proceed on this issue.

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