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overstay

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fahim
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« on: November 26, 2016, 09:29:50 pm »

Hello, I travel to EU a lot with my wife she is Australian , am Moroccan citizen and living in united Arab emirates i have many visa from EU from different country in EU have got my last visa for 90 days available from 20th June 2016 until / 1st June 2017 from embassy of France in Dubai
and i have stay more than 90 days almost 110 days so its overstay visa by 20 days almost
when i was exiting to return to Dubai from EU i exit from Spain and i didn’t have any problem when i was exiting and i didn’t pay any fine just got stamp on my passport of date when i exit
i just want to know if someone have any idea about my situation for next time when i will apply do i will have any problem
thanks for the help
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« on: November 26, 2016, 09:29:50 pm »

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porsche
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« Reply #1 on: December 13, 2016, 02:25:27 pm »

All your travel events are recorded in so-called VIS system (Visa Information System). Information about travel dates is provided by airline carriers. So, technically, when you apply for you next visa, the embassy has your travel dates available, and has the capability of detecting your overstay. On the other hand, any overstay shall be punished at latest at the time when it is detected upon your departure from the Schengen zone. If you were punished at the time of your next visa application, you would not be given opportunity for explanation and your right to due process (legal requirement that the state must respect all legal rights that are owed to a person) would be diminished. Unfortunately, when the embassy denies your visa application, they just provide a generic explanation such as "intention to return can not be ascertained" which can cover anything, they do not provide true reason. My experience, in most cases, if the overstay is not detected (punished) upon leaving the Schengen zone, it can be considered as solved.
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