Overstay in Germany - repercussions on family reunion visa application
She was stopped at Frankfurt border control and she was charged with an offence under section 95 Abs. 1 Nr. 2 AufenthG. There were no remarks made in her passport and she was told that she will be served with a penal order and the letter will be sent to her Indian address.
I have a Blue Card and my wife intends to apply for Family Reunion Visa as soon as possible from India. Now my questions are as follows:
Do you have any idea how much time it takes for the decision to be made on the case with which she has been served? I hope that she gets served with a fine and no bans. This is her first offence and for two days only, But I have also heard that Germany has a very strict approach towards these mistakes and I am worried.
Is there any place in Germany where I can enquire about the status of her case? She had been given the address and phone number of two court clerks who will forward the court order to her. I will obviously contact them. But is there any other place that I can ask?
Should she wait for the decision to be made and then apply for the Family Reunion Visa in India?
If she applies for the Family Reunion visa before the decision is made should she confirm in the application that she was convicted in Germany as yes? Technically she has only been charged and not yet convicted and the question in the form also asks for the nature and duration of penalty. She will not know that unless the decision is made.
Both of us are literate and we are deeply ashamed to have made such a mistake. Also we are eager to be re-united as a family and this is a problem that we did not envisage at all. So any advice will be really appreciated.
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Best answer a lawyer can give. As only a recommendation, you may consulat a lawyer here and she can contact one in India who works with migration and foregin laws, and consult for any letters / forms received.
You might have already explore - section 95 Abs. 1 Nr. 2 AufenthG ( translate online in english)Â
-
-https://www.migrationsrecht.net/component/com_joomlaw/Itemid,232/id,127/view,comment/#2.
Wish you good luck
Problem is: Cases like this, which are not high on the priority list of courts, can take many months - and I doubt that any new visa will be issued for your family during this timeframe.
The best you can do is engage a lawyer experienced in such immigration matter. He/she can contact the court, see all internal documents (which you are never allowed to read!) and represent you in a way that suits you most.
So, I cannot say how they will judge it but assume it will not be a great problem. You are still likely to get the family reunion visa but it might take some extra time. My suggestion would be to go ahead and apply for the family reunion visa but clearly tell them what happened so there are no surprises. Under the circumstances the officials might be able to go ahead and issue the visa despite the potential pending violation.
Then, if they rule against you, you might consider a lawyer. But honestly it might not be necessary at all, just creating more cost and confusion – especially as it might be hard to find a lawyer that is really competent in exactly this kind of thing since it refers on German rather than Indian laws. Thus in contrary to the advice from Asischkgtm, which is probably meant well, I would not go running to a lawyer before getting a rejection.
BC123 wrote:Hello Sir. I have recently experienced a similar situation to the one that was discussed above. I was wondering if you could share with me a bit about how the situation was resolved at the end. It would be much appreciated.
The poster in question has not added anything in a couple of years so don't expect an answer. The other thing is that even "similar" situations can actually be very different due to just one or more factors - and lead to different outcomes. One has to be careful to differentiate between similar but not exactly the same situations without jumping to conclusions.
I am intending to move to Germany right after getting my Italian PR (EU long-term residence/permanent residence), expected to receive within next two months.
I received the same temporary arrest papers in Munich on January 07, 2020 telling me to leave Germany before January 10, I left the same day; The issue was that my residence permit (Italian) expired on 31 of December and upon returning to Italy on January 7, I was issued this letter by Munich police and the went the same day.
Aamrikhan wrote:Hello there, I have the same situation, would you please update what really happened with your application later? Any problem or fine that you guys have to pay in order to get visa?
I am intending to move to Germany right after getting my Italian PR (EU long-term residence/permanent residence), expected to receive within next two months.
I received the same temporary arrest papers in Munich on January 07, 2020 telling me to leave Germany before January 10, I left the same day; The issue was that my residence permit (Italian) expired on 31 of December and upon returning to Italy on January 7, I was issued this letter by Munich police and the went the same day.
Best check with officials about such things. In Germany there is unlimited residency and also a settlement permit, both often referred to as permanent residency permit but without a right for one to immigrate and work in another EU country. Make sure what you are receiving will give such a right or else you will still need to get a job and work permit to come to Germany - and thus a residency in Italy won't necessarily give any advantage. The other thing is that around 95% of professional jobs in Germany will require one knows fluent German. Without the language skills one has little chance except with great credentials in a few niche jobs like IT.
I will have to travel to germany again so could any of you tell me if there would be any serious ramifications for this.
Will I have a difficulty in obtaining the visa again ?
And my flight was supposed to depart in the next 30 mins.
Now what worries me is that would it be difficult for me to reapply for the visa?
Ruhaan Sheikh wrote:This was the first time that something like this ever happened with me. When I heard that they are charging me with a criminal offense I froze and couldn't process anything.
And my flight was supposed to depart in the next 30 mins.
Now what worries me is that would it be difficult for me to reapply for the visa?
Nobody can give a clear answer to such a question. It is an understandable and seemingly minor offense. Generally such things are not a big problem but one cannot never know until the y decide and one needs to clearly state how and why this happened. And of course there can be other factors we know nothing about that might influence nay situation. One just needs to apply and find out.
Ruhaan Sheikh wrote:I already have and I've spoken to the airlines and they have agreed to give me a written apology since they didn't announce the delay. We were not mailed and neither did we know of anything until the last moment. Plus their ground staff after checking my visa categorically told me not to head to the waiting area and instead head to a hotel.
The airlines will apologize for a delay; one this long in fact entitles one to some compensation if one files for it. This apology will have no legal impact on itself. But the details of what happened, admitted by them will be important. But government officials will certainly not apologize for making a legal decision even if it seems unfair and harsh if it is still technically correct. But it does leave one a good chance on appeal when one proves they had no intention to overstay.
Hello Sir
Today I have faced same issue
What happened with your case??
How much fine they impossible??<br>You applied for family reunion visa??
Please guide
[phone number removed - please read the forum rules!]
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