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long overstay in schengen visa because of problematic long term student visa

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mythonline
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« on: September 11, 2014, 09:11:02 am »

Hi,

I am a student in the czech republic for 3 years now, in 2 of them I had a long term student visa (I was getting a schengen visa every time until I got the visa every year).

My problem started at the start of this year, I was suppose to come and pick up the extension of my visa that I asked for the year before, but since I failed some tests and had to change study program, I asked some translator to call them and from what I understood back than they told him I should bring the new documents.

I received a letter about that, but considering the phone call I thought it was ok, and I came a few weeks later with my new contract.

They told me that I cannot get the visa because I am late, and I need to restart the visa process out of the czech republic.

So I gathered the needed documents, and except one that took me about 9 month's to get (yeah, it wasn't easy getting it, I spent quite a lot of money to get it and to translate it), I had all of them during that time.

I have emails contacting the embassy, and many proofs that I have made efforts to be legal, my problem is now, that I have postponed my studies in a year, and I cannot apply for a new visa, and I want to go home now

Considering I was illegal for about 9 month's now, and I cannot stress it enough, it was not my intention to be illegal, what should I do now? I want to have the possibility to come on schengen visa to europe in the future and not having a record, if I need to I will pay a fine as I do accept this is also my fault (but considering everything, I don't think I deserve a ban).
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« on: September 11, 2014, 09:11:02 am »

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bugibar
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« Reply #1 on: September 19, 2014, 07:54:54 am »

I am afraid the complexity of your case reaches beyond the scope of this public forum. My personal advice is to do whatever you can to finish your studies in Czech Republic (assuming you have already restarted the visa process out of the Czech Republic which would legalize your stay? {I am not sure if I understand your case correctly}) and go back home after you are finished with your studies. If you miss your family very much, your better option would be to have them visit you. Good luck with your studies.
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mythonline
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« Reply #2 on: October 07, 2014, 01:31:39 am »

After consulting a lawyer, I went home with all the appropriate documents, expecting to go through some problems.

To my surprise, I did not get any interrogation, nothing at all, it was like my overstay have never happened, the guy just stamped my passport after 15 seconds and that was it.

Now am I really ok? or is it too good to be true? Will it be possible for me to come and get a new schengen visa considering this?
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bugibar
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Posts: 107


« Reply #3 on: October 09, 2014, 08:10:30 am »

Some information about travelers is available by the travel carriers to the SIS II and VIS. SIS II is the Schengen Information System, a governmental database system used by all European countries for the purpose of maintaining and distributing information related to border security and law enforcement. VIS, or Visa Information System, is another database and information system used to collect information about travelers. Visa Information System is aimed at preventing visa shopping and to improve the possibility to return illegal immigrants.

So, the fact that you have overstayed your visa is and will be out there somewhere. On the other hand, the fact that you went through the border without noticing is good for you because if the overstay was not prosecuted upon departure from the Schengen zone, you won't be charged for it anymore, it is closed. It does not mean that the fact that your have overstayed won't be considered when you apply for a new visa in the future. It might be considered, it might be overlooked, it might be not even looked into. It depends on the particular visa issuing officer.
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