Overstay in Germany - repercussions on family reunion visa application

My wife and 2 year old child had a family visit visa to visit me in Germany from India. The visa was valid from the 29th August 2019 to the 4th October 2019 and the number of valid days was 22. So, she should have left by 19th September but we misinterpreted that and she left on 21st September 2019.

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.

Its a pity what happened. (In case if an extended date its always best to contact ausländerbehorde to make a extension request for a given reason before leaving/ due date. That saves a lot and is possible.)

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) 

- https://www.gesetze-im-internet.de/aufe … /__95.html
-https://www.migrationsrecht.net/component/com_joomlaw/Itemid,232/id,127/view,comment/#2.

Wish you good luck

Since the overstay was just two days and you can convincingly show that it was a mistake, I think you will get a small fine of a few hundred Euros only.
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.

In addition to what Beppi wrote, I think the context of the situation makes a big difference. The reason they don't want people overstaying is to keep them from trying to stay and live or work illegally. But unless she a serious criminal record they are almost assured to get family reunion visas, also be allowed to work and not even have to pass a German language test as a partner of a blue card holder. And that one visited before applying for this visa is also sensible.

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.

Thank you for your advice.

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.

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.

Please take note of Tom's comment (see last post above yours)!

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.

Hello I'd travelled to germany and I'd extended my visa to 180 days cause of health complications. My visa expiry was on 13th of August and I'd booked an airindia flight on the same day. The problem arose when the flight got delayed by 14 hours and it took off on 14th. I was stopped by the passport control and a case was registered against me for overstaying.
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 ?

The delay was not your fault. So get a confirmation of this from the airline (I wonder why this was not done immediately at the airport?) and clarify matters with the authorities!

I did. But the officer was anything but polite. He said that I should have gone through the passport control and gotten my passport stamped and then waited in the waiting area for 14 hours instead of staying in a hotel. When I tried explaining and telling him that I have a boarding pass that was given to me on the previous day and I was told that the same boarding pass would help me board the flight the next day, he said then why are you standing in this office talking to me. You have illegally stayed in the country for 9 hours. Which counts as a day and he filled a case in frankfurt airport

I mean not with the irate officer at the airport, but with the relevant authority (e.g. Ausländeramt).

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?

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.

I've written to them explaining the whole incident and I've sent them the boarding pass of the previous day and notified them that no fresh boarding passes were issued. And the intention wasn't to overstay at all. Now I will go to the airlines which caused the delay and I will ask them to give a written apology stating the facts and I will send this to them as well. I hope that will help the judge see things and the case gets solved

Not going to get an apology and even trying is a mistake. What is the point even? Just present the facts of your case.

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.

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

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