Indian Overstayed Schengen(Sweden) by 5days

[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.

[danisara]

You need to find out your status that is recorded for you in the SIS (Schengen Information System). SIS II con­tains da­ta on non-EU na­tion­als for whom an alert has been is­sued for the pur­pos­es of re­fus­ing en­try (e.g. for hav­ing com­mit­ted an of­fence). Each Schen­gen state has ac­cess to this da­ta in the form of a na­tion­al in­for­ma­tion sys­tem (NSIS). Ger­many's NSIS is man­aged at the Fed­er­al Crim­i­nal Po­lice Of­fice. Under the Freadom Of Information Act and also under the General Data Protection Regulation you are eligible to know what information is stored in this system about you. The outcome of your query can be in the following two scenarios:

a) You have been issued a ban. The information shall provide also detail about when this ban will expire.

b) You have not been issued a ban. In that case you can apply for new Schengen visa (I would suggest applying through some other Schengen country). How long you should wait before submitting new application? Unfortunately, there is not definite answer to this question. Technically, you could apply right away, however, it is obvious that your application probably would be denied again. A general rule of thumb is to wait a year or two. With the current global immigration situation being pretty bad, unfortunately there are not many good news to offer.

For more information on how to get the information in Germany, see here:

Right of ac­cess to da­ta stored in the Schen­gen In­for­ma­tion Sys­tem (SIS)
http://www.bva.bund.de/EN/Organisation/Abteilungen/Abteilung_S/SIS/sis_information_request.html

See also this document - Germany on page 33:

THE SCHENGEN INFORMATION SYSTEM
A GUIDE FOR EXERCISING THE RIGHT OF ACCESS
http://www.mvcr.cz/soubor/sis-ii-guide-of-access-2014-pdf.aspx

[Hoysala]

Thanks a lot for valuable information & help.
I will post if I get any information from SIS

[Mack]

Hi,

What is the outcome and I am facing a similar situation

[vishal123]

Update From a similar situatuin in another thread!!

Hello,

Its been a long wait period, and we finally have the information we need.

1. firstly, the so called 'Authorised Representatives' were of no use, as they barely did anythign to help us out.
2. through some research and phone calls to different courts, we finally got the information on our own that we were supposed to contact the District Attorney (Amtsanwaltschaft) in frankfurt. As this issue happed in frankfurt, and we were supposed to recieve information from them. Their link to their office is as below. There will be similar offices for different cities.

Google this - staatsanwaltschaften hessen frankfurt


3. when contacted the public prosecutor, they informed us that the matter has been closed. Below is their exact reply via email (Personal Details Blocked out). Official document will be sent by post.

"Dear Mr. XXXXXXXXXX,
 
Your file got the Registration number XXXXXXXXXXX:
the file was closed without any punishment for you and there will be no consequences for you from the Amtsanwaltschaft.
 
 
Mit freundlichen Grüßen/Sincerely
 
XXXXXXX
Oberamtsanwältin"

[Hoysala]

Hello,

@Vishal123: thanks for guiding

I followed similar method as guided and sent mail to " Amtsanwaltschaft in frankfurt". I got reply as below.

"In the above case, with reference to your e-mail dated 28.09.2018 08:11, the press office of the Frankfurt am Main public prosecutor's office is notified that the proceedings were closed on 14.11.2017 pursuant to § 153 (1) StPO." (translated from German to English)

Is my case closed completely..? (what it is meant)

[vishal123]

Hello,

 § 153 (1) StPO - this means that the case is dropped for you. I dunno if you can apply for a visa again. havent tried. We had the same section number referred to us as well.

Call up the bpoli number (polizei) as mentioned in your letter and check with them once.

Another idea could be going to the consulate and checking with them with the letter.