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Overstayed by 1 year Switzerland - please help

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lauberge
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« on: July 24, 2017, 03:34:34 pm »

Hi,

I was hoping to get some advice on what to do about my situation....
I had been studying in Switzerland for the past 3 years and after my permit ended and I got my degree I applied for another permit. The new permit was intended for studying French and is commonly done by students after they finish their degree. My application was canceled by the immigration office in January for not sending in all of the documents in time.

They sent these letters to my old address but they did send them so it's on me for not constantly checking with my old landlady. Well, I have received admission to a Master's program in another schengen country and went to the immigration office to find out what I needed to do (attestation to depart) in order to leave and this is when I discovered that they already think I left last year and had canceled my permit application.

I tried to find out what to do at the immigration office but they said it's an unusual case because most people leave before their permit expires. After your permit expires, you have an additional 3 months within the Schengen which I am still over by close to 8/9 months now.

I would still like to leave and would *ideally* like to be able to come back and study in another Schengen country. I am trying to find out the best course of action and would greatly appreciate any help/advice/etc. about this messy situation that I've gotten myself into. Thanks!
« Last Edit: July 24, 2017, 06:05:14 pm by lauberge » Logged
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« on: July 24, 2017, 03:34:34 pm »

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porsche
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Posts: 194


« Reply #1 on: August 08, 2017, 01:45:10 pm »

You have two options.

If you leave now, you will likely get stopped at the border and prosecuted for overstaying. You may be facing s much as several hudreds of euros fine. In that case, you need to explain and defend your case. Have all your documentation with you, envelpes with stamps to prove your dates, your degree, letters from school, everything. I understand your writeup in a way that the immigration office made a mistake and sent your documents to wrong address. You need to prove at the border that the mistake was with the immigration office. I would even try going to the immigration office and have them give you a confirmation of the mistake, situation in writing (for the border control).

Your another option is to submit a new application and wait in Schengen until your new application goes through this time. You will need to explain the mistake in this case too.
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