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Overstaying in Schengen. Ban assessment.

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coconut
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Posts: 1


« on: January 07, 2016, 07:58:59 pm »

Hi. I have a question on assessing actual bans. Please note that I have not necessarily been to the Schengen countries mentioned here and can be taken as an example.

I am a non-EU national from Argentina. I do not need a visa to enter Schengen territory, but was required to obtain a residence permit for staying more than 90 days in Austria for research purposes. I obtained the residence permit and travelled to Austria. I left Austria six days after my residence permit expired (because I misunderstood Austrian migration laws and thought you could stay for 30 days as a tourist -or equivalent- after your permit expires, only then found out you can not).

My flight from Austria had two connections in Germany before my final flight to Argentina. There was no passport or migration control when I flew from Austria to Germany or within Germany, but I was escorted to the migration office when attempting to board my final flight from Germany to Argentina. The reason: I had overstayed my residence permit. I paid a 110 euro fine and signed papers, which I cannot remember thoroughly, but most surely did not mention anything about a ban.

So my questions are: (1) if no ban is mentioned in the documents I signed, does this necessarily mean that the ban is not in effect?
And most importantly, (2) if I want to go to Austria again in the future, can migratory authorities there take action for the six days I had overstayed, even though they did not control such thing when I last left?
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« on: January 07, 2016, 07:58:59 pm »

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bfuggs
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Posts: 2


« Reply #1 on: January 17, 2016, 07:33:26 pm »

I have a question,

I have a friend that is in Frankfurt Germany and she has overstayed her visa, will she need an attorney she said she has to go to court this week. 

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steven
Full Member
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Posts: 223


« Reply #2 on: January 18, 2016, 08:34:12 am »

Hi, there is another thread that discusses similar topic. See here:

Will be any problems to re-enter Poland after one day of ban expires?
http://www.maxi-pedia.com/forum/index.php?topic=965.0

You have been already punished for your overstay, with the 110 euro fine. It is unlikely that you would be banned from entering the Schengen zone for just a 6-day overstay, and if that was the case, you would get it in writing and also a stamp into your passport. You can also verify at the embassy whether you have a ban or not.
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