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 71 
 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.

 72 
 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.

 73 
 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.

 74 
 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.

 75 
 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.

 76 
 on: April 19, 2018, 10:06:42 pm 
Started by Arceno - Last post by JB1JB
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

 77 
 on: April 18, 2018, 08:25:38 pm 
Started by Rongrod - Last post by Rongrod
Hii,

When I left Germany the border guard has not stamped my passport, maybe because my Visa and Recidansde permit was valid for a month. Not Visa and Residence permit has expired, but how can I prove the I left Shengen area if I don't have a stamp that indicates that? Do they have some sort of computer system that registers everything?

Thanks

 78 
 on: April 18, 2018, 01:47:48 pm 
Started by pawel - Last post by antony96
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?

Thank you.

 79 
 on: April 13, 2018, 12:55:15 pm 
Started by vishal123 - Last post by vishal123
Hello,

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!


 80 
 on: April 09, 2018, 06:34:08 am 
Started by Arceno - Last post by akbuluthasan
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.

When we submitted our passport on passport check on Berlin Tegel, the police said my father has 7 days overstay with his green passport saying that they do not care about the first time he was in Germany ( which is 6 August 2017 ) but they take the second visit ( which is 29 October 2017 ) in to consideration and gave us a document

For me this is not acceptable calculation because ON THE COMMON INSTRUCTIONS FOR THE DIPLOMATIC MISSIONS AND CONSULAR POSTS OF THE CONTRACTING PARTIES TO THE SCHENGEN CONVENTION SAYS THAT this visa entitles aliens who seek to enter the territories of the Contractin Parties, for reasons other than to immigrate, to carry out a continuous visit or several visits whose duration does not exceed three months in any half year from the date of FIRST ENTRY. As a general rule, this visa may be issued for one or several entries.

So, the police has taken us to a room in Berlin Tegel Airport and i tried to explain them they have to take the first entry into consideration ( then the new 180 days were to start for my father ) but they have insisted that they take the second entry which is 29 October 2017 into consideration.

I still do not understand why we were behaved like this, there was a big risk that we were about to miss our flight, thanks that we have been to the airport early.

Then the police gave us a document but said still we can fly.
The document they gave us was saying that my father can not make any other visit till 4 May 2018 and can stay only 35 days.

Can you please make a comment on this. I am really very nervous on what has happened to us and do not want to be in the same situation since people were looking on us with different eyes on the passport check when this happened and this is terrible.
I am waiting for your comments on this.

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