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Overstay schengen visa because waiting for approval from city hall

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« on: June 28, 2017, 11:55:34 pm »

Hello, I come across to this forum to found solutions for my problems. I hope everyone here who knows or experienced can tell me the solution.
So I came to Belgium with au pair visa, my visa already expired on may 2017. I knew I must leave before my visa expired, but since January 2017 my fiancé and I applied documents for married to city hall, we got letters in march for interviews on 20 April 2017, because we didn't know each other for two years yet. So we went to interview and must wait for results, until my visa expired, the results still not come, but I decided to waited. On June 2017, the results come and our documents for married is rejected. And city hall suggests us to appeal, but because I didn't want to wait anymore and my visa already expired, we decided to going back to my country and getting married there.

My question is because I over stay for almost 2 months because of waiting, the immigration in the airport will make problem of that? Even I will show the letters as proofs.
And after married I'm planning to going back again with tourist visa since we already planning a party on august, we even already rented a building ( we already planned this since December last year). City hall told me that I can going back again, they even gave me the sponsor letter that already signed and legalisation for tourist visa requirements.

Thank you
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« on: June 28, 2017, 11:55:34 pm »

Full Member
Posts: 202

« Reply #1 on: July 14, 2017, 02:43:16 pm »

If the immigration notices your overstay (they might not notice, this can happen too), they most likely will make a problem of that. It will be up to you to prove the reason why you had to ovestay. Have all your documents in hand as well as letter envelopes with post stamps showing dates.

In case the immigration makes a problem of you overstay and make a note of it in he Visa Information System (which they probably will since your overstay is over 2 months), you most likely will have problems when you apply for a new visa to return to Belgium.

What exactly do you mean by "they even gave me the sponsor letter that already signed and legalisation for tourist visa requirements"?

What do you mean by "our documents for married is rejected"? Was you marriage licence not issued due to some administrative issue, or any other reason? In general, marriage cannot be rejected, it is a basic human right to marry anyone you choose. So, I need some clarification on this too.

My suggestion is to try all possible options to remain in Belgium legally without leaving the country before your marriage a residence status is solved.
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