Hi All,

This is Nilesh and i got my Schengen Visas from Swiss Consulate which was to get expired on 21st October 2009. So i got the Entry in the Schengen area on 20th Oct with the things in my mind that i can travel for 30days of Duration of my stay in Schengen area.

went to Spain once i got the Entry in Schengen States from Frankfurt on 20th Oct & traveled to Barcelona. After i eneter i had to enter to Swiss for some work there and i purchased a New Ticket for Barcelona to Basel & back to Barcelona, at the time of purchase we confirmed with the Zurich Airport Immigration department & they said that if a Passanger has entered the Schengen stated before a day of his Visas gets expired he can travel for 30 days in Schengen area even after the Visas expired.

On 29th i was to fly back to Mumbai from Munich and my Visas were expired on 21st Oct, at the Munich Immigration they said i have entered Germany as an Illeagal and i do not have any permission to Enter Germany as the Visas have got expired, i have Overstayed in Germany for 1 day and for that they put a Banned Stamp on my passport which says:

PUSHED BACK,
Indefinite Travel Banned.
Date: 29/10/2009

I am concerned it sayd Indefinite which means there are no Time limits, second is i am a frequent traveler to another countries too since last 10years and i made this 1st time mistake. Can i apply for other Schengen countries for the Visas ?? Will they be in a position to issue me Visas to travel in Schengen area (Except the Germany) as they insisted me that from next time becareful you don't make such mistakes again & you cannot travel at least in Germany for sometimes..I don't know till when..

Can any one can Guide me in this ??

you're a frequent traveller yet took the chance on an expired Schengen visa?
do you have a Swiss work permit?

Hi Nilesh

First things first, I hope you didnt mean to put this up as a complaint.

Mods, Please move this to the permit and visas forum.

If you are just a business traveller I dont know how someone could tell you it is OK to travel or be in the Schengen territory with an expired visa. Am sorry to say this but I guess you have landed yourself in quite a bit of trouble.

To answer your question yes you are going to be asked a lot of questions when you apply for your next Schengen visa from any consulate.

Wish you luck with your next Schengen visa.

Cheers,
Nirmala

Hi,

Your story is a bit strange, what were you doing in Europe? YOu said you were doing some work in Switzerland, that is really vague, what were you doing?
I feel sorry for your situation but I also believe that if it is true that you have been a frequent flyer for the last 10 years, you could have obviously been more prepared!


A

I think the German embassy/consulate is the one who can guide you through this. No one else. Hope you're good at begging. Sorry, but an expired visa is an expired visa. Why would you even make your arrangements otherwise without checking with the German authorities.

The Schengen area operates a single visa system and unrestricted travel between the individual states. As result if you are banned by anyone of them, then it applies to all states, so for as long as the ban lasts you will be unable to enter an states within the Schengen area.

Furthermore, although not part of the Schengen area, Ireland and the UK are aware of people who are banned from the Schengen area and as a result you may also it difficult to get a visa to travel there as well.

I would suggest that you get in contact with the German authorities and sort this matter out, before you make any new applications for a Schengen area as continuing to apply for new visas while you are banned with only make matters worse.

Good luck with that,

Jim

Confirming what others have said: Schengen is an information system with a common database. Any entries in the database are visible to all countries in the system. Inevitably, remarks in the database will influence visa decisions of all participating countries.

Also bear in mind information is also shared by Schengen States with the Swiss Authorities and this may cause you further problems

Switzerland is a full member of Schengen.

Yes they are and I am aware of this, however many people are not. The author could possibly be one of them. Hence the note!

And where did you get such a funky 30-day idea, Nilesh?

Guide you on this? Sure. Stop bull$hitting us and spill the beans.

All those of you who "just want to make a quick trip to another country", and think you wont be caught, please read this post.

for overstaying you visa by about a week ?? if that right that's damn harsh, when i completely lost track of time in Dubai they just gave a fine and a slap on the wrist

A visa allows you the possibility to travel to a country (not necessarily the right of entry) during a certain period of time. If you really think you can overstay by 30 days a visa, why don't the authorities issue the visa for 30 days longer. This way it would be far clearer.

Your visa allows you to stay up to 23.59hrs local time on the date of expiry. At 00.01hrs the next day, your best to be out of the country.

If you need to stay longer, get an extension in advance; the rules are really VERY logical and simple.

It will be very difficult for you now as all your details stored on computers all over Europe and in all EU (incl UK) embassies and visa issuance centers, you overstayed and that's it, your no longer considered reliable or worthy of the possibility to travel to Schengen or UK.

Tough, but that's life.

yep... different rules for different countries..

Hello

I'm aware of a similar story and wanted to share that experience with you.

A Schengen visa has usually two restrictions
- the time frame defined by the starting-expiring date
- the number of days of stay allowed.

You have to be out of the Schengen area before one of them expires; it doesn't matter which one. For example if a visa is valid from 1/1/09-31/3/09 for 30 days of stay and you enter Schengen area on 1/1/09, you have to be out of that area by 31/1/09 at the latest. If not, you are staying illegally in Schengen for the difference of days and then the trouble starts.

Depending on the country, details might differ. For Germany it is more or less like the following:
- if you entered Germany after the visa expired (in this case after the 30 days of stay) then you entered Germany illegally, which is one paragraph of the law you are breaching
- independently of when and how you entered Germany, you are staying illegally in Germany which is the second paragraph of the law you are breaching

Before the police at the airport let you go, they put this kind of stamp in your passport and hand you some papers. These papers are very important in case you want to remove the indefinite travel ban. Usually the procedure is described there in German. What you should do more or less is write a letter to the police station that's handling your case with the whole story. Furthermore , you have to pay a fee for your case to be processed and after some time you should get a response when the ban is expiring. It will be not less than 6 months and not more than 4 years.

As regarding the other Schengen states that should not be a problem, but more details on that should be on the accompanying letter of the police. Usually such bans are valid only nationally, i.e. within Germany, unless you did any kind of criminal activity.

Good luck

Horse's mouth:

Key points of the Schengen acquis...

1. Citizens of countries fully implementing the Schengen acquis (see below) may enter such countries anywhere without any checks.
2. Third-country nationals who have been granted a visa with no territorial restrictions (visitor's or business visa allowing the holder to stay up to 90 days per six-month period, transit or airport visa) by a country fully implementing the Schengen acquis (see below) may, for the duration of the visa's validity, enter any other fully implementing country for the same purpose and also without checks.
3. Third-country nationals with a residence permit valid in one fully implementing country may travel on a valid passport, without requiring a visa, for up to 90 days per six-month period to any other fully implementing country; they are also not subject to border checks at the Schengen area's internal borders.
4. Harmonized visa policies of Schengen countries (common list of third countries whose nationals require visas).
5. External border checks according to a common Schengen standard.
6. Access by all Schengen countries to the Schengen Information System (SIS), which provides data on persons and objects throughout the Schengen area especially in connection with inquiries by police and judicial authorities.
7. Close police and judicial cooperation.
8. Joint efforts to combat drug-related crime.
9. Rules determining competence for asylum procedures, now replaced by Council Regulation (EC) No. 343/2003 of 18 February 2003 (so-called Dublin II Regulation).

Doesn't get much clearer than that
Best to get writing apologetically A.S.A.P., as previously suggested...
.

__________________
The beatings will continue until morale improves.

What puzzles me is what you siad was stamped in your passport, i.e. PUSHED BACK,
Indefinite Travel Banned.
Date: 29/10/2009

I do not think the Germans would stamp your passport in the English language. The stamp should have been in German. Care to explain?

The stamp probably said "Zurückgewiesen" or "Ausgewiesen" or similar, i.e. rejected or expelled

This is rubbish, it defeats the whole point of the Schengen agreement.

You banned from all of them, irrespective where the ban is issued. It's all run on a centralised computer system and the UK also has access to it, and uses it.