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Overstaying in the Schengen Zone. Please help!

kiwilankan
#1
Hi,

My wife ( german ) and I ( NZ ) visited Ausländerbehörde  to apply for my temporary residence permit and I was told I have overstayed the Schengen zone by 17days. Since I have been in and out of the Schengen Zone for about 1.5yrs I had incorrectly calculated the 90 days.

We had an appointment today at the Einwohner-Zentralamt and I have now been advised to leave the Schengen Zone before the 15.12.2017.

They did not discuss or want to listen to any of our concerns, the guy who we had an appointment was no available today. They presented us with a piece of paper and told to leave the S zone.

Can i now leave the Schengen zone for 2 days and come back in? The letter does not state how long I have to leave the S zone for.

Has anyone ever experienced this before? CAn i contact a lawyer to appeal this in the grounds that my wife is German and I want to stay here.
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G
#2
If your wife is German, she has not overstayed, only you have, but I think you are aware of this.  You must leave the Schengen zone for around 90 days, depending on your entry date. Two days most likely won't be sufficient, and this should give you time to understand the 90/180 rule.  Also, you might want to prepare to be fined upon departure.  Appealing via a lawyer will probably be fruitless, unless you can somehow show they miscalculated your days.  It's better to apply for the residence permit WHILE legally present next time.
3 members reacted to this post

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beppi
#3
While you are out of the Schengen zone, try to apply for a German family reunion visa to join your wife. With that, you'd get a residence permit without time limits (at least for Germany - for other countries the 90/180 rule still applies).
kiwilankan
#4
Hi, thanks for that advice. Have you gone through this process before ? With whom do i need to apply with? Send in the application to Germany?

Or can i go back to NZ and apply with the embassy there?

Does this process take a while?
beppi
#5
I think you can apply at any German embassy. Not sure about applying within the country.
The process can take 3 - 6 months.
kiwilankan
#6
I asked the guys at Einwohner-Zentralamt,  who gave me the letter advising me to leave by the 15th to when i can reenter the Schengen Zone. They tentatively said after 3 months and later said, for me to go back to Nz and apply for visa. Due to the interpreter's  misinterpretation ,  i'am was not sure if she said visa or permit. So, does that mean i cannot come back into Germany until my permit is approved?

Why cant i come back in when my 180 days resets?? Their information was so vague. The guy who we had an appointment with was not present and this was handled by a 3rd person and he handed me the letter and said you have to leave now.
beppi
#7

kiwilankan wrote:

So, does that mean i cannot come back into Germany until my permit is approved?


Probably.

kiwilankan wrote:

Why cant i come back in when my 180 days resets??


Because you broke the rules and overstayed, which is not just a minor offence.
Count yourself lucky if (a big IF) your family reunion visa application isn't affected by this - they are in their right to reject it for a former visa offender.
And in future, learn and don't take these things lightly. It should have been clear that a Schengen tourist visa is not meant for living in Germany with your spouse!

2 members reacted to this post
beppi
#8
Since this is a major issue with big implications for your personal life, I recommend you engage an experienced immigration lawyer to advice you instead of relying on an Internet forum. The money he charges will be well spent!
kiwilankan
#9
This was obviously not done intentionally. And there was no reason why I would be break any rules or laws. We went to apply for our residence permit, and I was unaware of the overstay. And my no means have I taken this lightly. As i mentioned intially, I miscalculated the no of days.
kiwilankan
#10
Would you know any good immigration lawyer?
beppi
#11
I have no first-hand experience with any.
You could try to consult the lawyer search function of the Bundesrechtsanwaltskammer (the relevant trade association):
http://www.brak.de/fuer-verbraucher/anwaltssuche/
Or just Google.
kiwilankan
#12
thank you

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