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Stopped by German authorities after overstaying 90 day visa

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Chantal77
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Posts: 3


« on: October 10, 2011, 07:12:19 pm »

Hello,
I recently returned from a summer trip to Germany yet due to the extremely high cost of return flights, I had to stay over my visa by two weeks.  When going through passport checks in Dusseldorf, I was stopped by authorities.  I explained the situation but was forced to go to a back room and sign a document saying that I had committed a criminal act against the Resident Act.  They told me that they would send this document to a main office and I would receive a letter in the mail letting me know what would happen.  Waiting for this letter is really a major source of stress at the moment.  (I have many connections in Germany and originally went there to obtain a working visa which I decided during the summer to put on hold for one year)

Does anyone know what the possible consequences could be?  I have read on blogs about fines and bans but does the fact that my overstay was for a very short time come in as a factor?  Does anyone know how much a fine could be for an overstay of two weeks and how long a ban could really be?  I have read they can range from 1 to 10 years!  I could handle one year but any more is really intense.

Also, I have a family friend who is an immigration lawyer.  Could this help in any way?  And will this effect my future plans of acquiring a working visa in Germany in the next few years?
Thank you and I hope to hear back.   -Chantal
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« on: October 10, 2011, 07:12:19 pm »

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apapunas
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Posts: 49


« Reply #1 on: October 18, 2011, 04:03:27 pm »

Wow, that is a real experience! Sorry to hear that your visit did not go well. By the time you receive the letter, I do not think there is anything you can do now. I do not think you will get a ban for only two weeks of overstaying. Usually people just get fined, that is all. I would guess 300-500 eur at most. I think it also depends on how you defended your self and how you handled the situation. What was your explanation? What exactly did the document that you signed say? What country are you from?
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Chantal77
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Posts: 3


« Reply #2 on: October 18, 2011, 06:08:15 pm »

Hi, thanks for replying!  I am an American and I handeled the situation hopefully ok.  I told them that I came in the summer with a job lined up for me but I would need a few months to get the residence permit and the working visa.  The job fell through, which meant the working visa fell through, so I would not be able to stay and was also significantly short on money.  I had to get the money together to get back to the States which caused the two week visa overstay.  None of this mattered to the officer and he only said 'the rules apply to everyone'.  The document I signed said I broke the Residence Act of Sorjorning in the country over my allowed stay.  I am still waiting to get the letter in the mail letting me know what happens next. 

Thank you for your insight.  I really hope to not be banned from the EU over something like this!  And if there is a fine, hopefully it will be on the lower end.  I appreciate your info and help!
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steven
Full Member
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Posts: 223


« Reply #3 on: October 18, 2011, 09:30:22 pm »

Ouch, this is tough. I wouldn't get stressed out about it too much. I think they have many people that overstay. It just happens. I do not think you will get banned, but it probably will play a role if you plan on getting work visa down the road. They do have powerful systems and can do backround checks before issuing visa.
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danisara
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Posts: 280


« Reply #4 on: October 18, 2011, 09:46:41 pm »

Well, the fact that you stayed longer "because you were looking for a job" does not help much. Consider that Europe fights high unemployment rates. Foreigners "taking jobs away" from locals (and even breaking rules because of that) is not something that would be welcome. I would say this will be a bit of a problem when you apply for work visa.
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apapunas
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Posts: 49


« Reply #5 on: October 20, 2011, 09:28:03 pm »

How goes it, have you received your letter already? Smiley Did they tell you how long you need to wait for the letter, and how will it be mailed? (Fedex, DHL, or just regular mail...)
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Chantal77
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Posts: 3


« Reply #6 on: October 22, 2011, 09:16:25 pm »

Hey!  Nothing in the mail yet.  If i don't receive anything in the next two weeks, I will call the embassy here to see what's going on.  The man who got my address did not tell me any info on how long it would take.  His english was not great and he did not have much to say about anything.  I will keep u updated as soon as I find out somethin!
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porsche
Full Member
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Posts: 203


« Reply #7 on: November 08, 2011, 11:45:49 am »

How is it going, any mail from the embassy yet? I hope they have forgotten about it. Smiley Sometimes that happens too, the officer at the border acts tough, the paperwork then goes to some clerk somewhere, and he or she can close the case without any action if it is nothing serious enough.
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alfie
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Posts: 1


« Reply #8 on: July 05, 2012, 05:34:28 pm »

Hi Chantal, I realized it's been awhile since you first posted, but I'm pretty much in the same situation as you were. I overstayed my au-pair visa for 3 days, was stopped and made to sign all these forms, and told that I'd have to wait for the decision of the prosecutor. Waiting for the decision is killing me as I'm hoping to return to Germany as a student in September, and I'm terrified of being banned. Fines suck too, but they're definitely not the worse-case scenario. So what I'm wondering is, did you ever hear from the German authorities? And if so, what was your outcome? I hope everything worked out ok.
Thanks
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porsche
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Posts: 203


« Reply #9 on: July 09, 2012, 08:20:23 am »

Just wondering, did you get any fine for overstaying? If yes, how much was it?
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TINKUJIA
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Posts: 3


« Reply #10 on: January 20, 2015, 06:19:13 pm »

Hello.. Did you get any replies from the authorities yet? Any problem applying the Visa again?
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