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Overstayed Schengen Visa by 12days in 30 day Visa need info on re entry ASAP pls

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vikasnx89
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Posts: 11


« on: February 24, 2015, 01:19:15 pm »

Recently  I had been to Germany on behalf of  my  company to attend business meetings and discussion. I was in Germany from 11th Jan 2015 till 21st Feb 2015. At the time of exit on 21st Feb 2015, I was stopped by the immigration officer stating that  I had  overstayed  in the country. I had been granted a Schengen Visa  which had a  validity  from 11th Jan2015 till 24th Feb2015 with duration of stay allowed for 30 days

The  office  at the  port of  Exit in the  airport  highlighted  to me that  I had   over stayed  by  12 days  and  hence  it is a  Criminal offence  to overstay.  I did the mistake in reading the Schengen visa  at  my end as  I  thought  that the  expiry  date of the visa to be the last day of  visa  and over looked  stay period  allowed in visa . Hence  planned  the return tickets  accordingly.

The immigration officer  advised to  sign a couple of documents, I would request all of you to advise me or share similar experiences.

The officer was very polite and I showed him the booking tickets for entry and exit and he seemed to trust my reason.

Please tell me if:

1.I have to pay a penalty ?
2.I will face a ban of 1 year.
3.will I be affected to get schengen visa again ?
4.Can I apply and get work permit ?


Regards,

Vikas
« Last Edit: February 27, 2015, 08:54:37 am by vikasnx89 » Logged
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« on: February 24, 2015, 01:19:15 pm »

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porsche
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Posts: 203


« Reply #1 on: February 27, 2015, 08:52:34 am »

Your arrival: 11th Feb 2015
Your departure: 21st Feb 2015
Duration of stay: 11 days

Visa validity start: 11th Jan2015
This is the earliest day on which you can enter Germany.
Did you satisfy this condition? Yes, with arrival on 11th Feb 2015, you did.

Visa validity end: 24th Feb2015
This is the latest day on which you must leave Germany.
Did you satisfy this condition? Yes, with departure 21st Feb 2015, you did.

Allowed duration of stay: 30 days
Did you satisfy this condition? You stayed 11 days, so, yes, you did.

Either I am missing something, or the decision of the immigration officer was something else, or the dates are not correct, or they just made mistake. Let me know, if the dates are really correct. Did you make a copy of the documents that you have signed? (take a picture with a smartphone)
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vikasnx89
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« Reply #2 on: February 27, 2015, 08:54:16 am »

Your arrival: 11th Feb 2015
Your departure: 21st Feb 2015
Duration of stay: 11 days

Visa validity start: 11th Jan2015
This is the earliest day on which you can enter Germany.
Did you satisfy this condition? Yes, with arrival on 11th Feb 2015, you did.

Visa validity end: 24th Feb2015
This is the latest day on which you must leave Germany.
Did you satisfy this condition? Yes, with departure 21st Feb 2015, you did.

Allowed duration of stay: 30 days
Did you satisfy this condition? You stayed 11 days, so, yes, you did.

Either I am missing something, or the decision of the immigration officer was something else, or the dates are not correct, or they just made mistake. Let me know, if the dates are really correct. Did you make a copy of the documents that you have signed? (take a picture with a smartphone)

I am sorry entry date is 11jan2015 its when I entered Germany
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porsche
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Posts: 203


« Reply #3 on: February 27, 2015, 10:48:39 am »

Then you did overstay. If you were not asked to pay penalty right there, you are not likely to receive anything later, they probably gave you just a warning. The same for ban, you would already know (from those papers that you have signed) if you were banned from entry. From your post, it sounds like your reasoning at the border was sound and they were ok with it. If that is the case, I would not expect a ban. In case you have signed papers, you will most likely have a record in the system, which might, or might not be considered upon issuing new visa or work permit (depends on the issuing officer at the embassy).
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vikasnx89
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Posts: 11


« Reply #4 on: February 27, 2015, 10:54:25 am »

Then you did overstay. If you were not asked to pay penalty right there, you are not likely to receive anything later, they probably gave you just a warning. The same for ban, you would already know (from those papers that you have signed) if you were banned from entry. From your post, it sounds like your reasoning at the border was sound and they were ok with it. If that is the case, I would not expect a ban. In case you have signed papers, you will most likely have a record in the system, which might, or might not be considered upon issuing new visa or work permit (depends on the issuing officer at the embassy).

Thank you Porsche, I called up the Desk Officer who gave his office number of Stuttgart, he said its not a serious offence so they might not even try to collect the fine but he does not have a clear picture of the later proceedings. But he said a person will send a letter to my residential address which is noted down and will be informed after 2 months regarding the fine or I dont know what !

At present I may not get a visa if I get I will be pulled over again at the entry point in he airport I guess, Do you have any idea about re entry after overstay ? Huh
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porsche
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Posts: 203


« Reply #5 on: March 03, 2015, 08:47:59 am »

Thanks for sharing your experience.

At present I may not get a visa

Yes, depends on the officer reviewing your application.

if I get I will be pulled over again at the entry point in he airport I guess,

Less likely. Only some 30% of passports in the Schengen area are being checked against the system at the border, the remaining 70% are just opened and cloded by the officer without running a check in the system (and for example verifying validity of the passport). Previous overstay is not a reason for interrogation upon entering the Schengen zone.
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vikasnx89
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Posts: 11


« Reply #6 on: March 03, 2015, 09:17:58 am »

Thanks for all the information Porsche Smiley Have a nice day.
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