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Old 23.12.2022, 09:34
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Business visa Rejection and Overstay problem

Hello Everyone
A friend of mine was invited for business meeting in Sept 2022. After completing his trip, he was stopped at Geneva airport and authorities mentioned, you were 2days overstay as he misunderstood stay duration on the bases of entry and exit day but there was extra information to stay for 11 days. Anyway, they told him you can travel back by paying fine. He paid and travel back.
Now he has another meeting next year and his visa was rejected on following bases:
1. Justification for purpose and conditions of the intended stay was not provided.
2. The information submitted regarding justification for the purpose and conditions of the intended stay was not reliable.
Does anyone have any experience/ knowledge to understand if these reasons have any connection to previous episode or its more related to current application and document provided by host company?
Moverover he gets the refusal promptly means in a single day ☹
Thanks for sharing valuable information.
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Old 23.12.2022, 10:01
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Re: Business visa Rejection and Overstay problem

Nobody can say for certain, we can just speculate…..

The fact is that he failed to comply with our immigration law and the authorities thought the infraction was serious enough to warrant a fine, but at least not a ban on entry. That means he is registered on the Schengen system and can expect that they will take extra attention anytime he wishes to come to Europe.

As for the particular application, if he failed to provide accurate details of his trip it would be an obvious rejection. I’d say point two is going to be a bigger problem, since he failed to stick to the rules last time they will not take his word going forward that he will not do it again.

Best would be to call the authorities and find out what they will accept to make it happen.

Breaching immigration law is a very serious matter with far reaching consequences as it impacts his ability to travel to the entire Schengen Area plus it means he now needs to disclose the rejection on application to third countries as well when asked.
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Old 23.12.2022, 10:16
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Re: Business visa Rejection and Overstay problem

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Nobody can say for certain, we can just speculate…..

The fact is that he failed to comply with our immigration law and the authorities thought the infraction was serious enough to warrant a fine, but at least not a ban on entry. That means he is registered on the Schengen system and can expect that they will take extra attention anytime he wishes to come to Europe.

As for the particular application, if he failed to provide accurate details of his trip it would be an obvious rejection. I’d say point two is going to be a bigger problem, since he failed to stick to the rules last time they will not take his word going forward that he will not do it again.

Best would be to call the authorities and find out what they will accept to make it happen.

Breaching immigration law is a very serious matter with far reaching consequences as it impacts his ability to travel to the entire Schengen Area plus it means he now needs to disclose the rejection on application to third countries as well when asked.

Thanks for your prompt reply. It seems to be logical. Problem is that no one is going to reveal the explanation of mentioned reasons. Now he has right to appeal. There is no doubt he breach immigration law; But how he can justify it happened because of ignorance? He is professional qualified PhD doctor and represent his country in this business meeting
Thnx
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Old 23.12.2022, 10:56
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Re: Business visa Rejection and Overstay problem

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Thanks for your prompt reply. It seems to be logical. Problem is that no one is going to reveal the explanation of mentioned reasons. Now he has right to appeal. There is no doubt he breach immigration law; But how he can justify it happened because of ignorance? He is professional qualified PhD doctor and represent his country in this business meeting
Thnx
That last won‘t work for an appeal. The onus is on your side to make sure you stick to the law. Ignorance of the law is no excuse nor failure to read up on the law.
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Old 23.12.2022, 11:45
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Re: Business visa Rejection and Overstay problem

The rules are clear: Max 90 days in any given period of 180 days.

There is a short stay calculator to avoid such issues:
https://home-affairs.ec.europa.eu/po...-calculator_en

Detailed explanation and examples:
https://www.sem.admin.ch/sem/en/home...tsrechner.html

Overstaying is maybe only one part of the problem. I suspect that the reasons given in the last visa application did not justify a 90 day of stay. Thus, the conditions of the new intended stay is deemed as unreliable.
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Old 23.12.2022, 12:21
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Re: Business visa Rejection and Overstay problem

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The rules are clear: Max 90 days in any given period of 180 days.

There is a short stay calculator to avoid such issues:
https://home-affairs.ec.europa.eu/po...-calculator_en

Detailed explanation and examples:
https://www.sem.admin.ch/sem/en/home...tsrechner.html

Overstaying is maybe only one part of the problem. I suspect that the reasons given in the last visa application did not justify a 90 day of stay. Thus, the conditions of the new intended stay is deemed as unreliable.


Ok thnx as mentoned 30days visa validity and 11 days allowed to stay therfore he misunderstood.
Anyway thnx for ur valuable info and links.
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Old 23.12.2022, 12:33
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Re: Business visa Rejection and Overstay problem

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Ok thnx as mentoned 30days visa validity and 11 days allowed to stay therfore he misunderstood.
Anyway thnx for ur valuable info and links.
Hello,

Valid until dd.mm.yyyy date but only 11 days before that deadline. Quite confusing indeed.

It has not been explained but I assume the application and the rejection of this travel visa happened somewhere else around the world. "Representing his country" reads like local diplomats should be doing their job to get this visa. Maybe a couple calls can fix this.
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Old 23.12.2022, 13:10
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Re: Business visa Rejection and Overstay problem

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Hello,

Valid until dd.mm.yyyy date but only 11 days before that deadline. Quite confusing indeed.

It has not been explained but I assume the application and the rejection of this travel visa happened somewhere else around the world. "Representing his country" reads like local diplomats should be doing their job to get this visa. Maybe a couple calls can fix this.

I think he means "presenting his company"


Diplomats don't get visa problems....
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Old 23.12.2022, 13:13
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Re: Business visa Rejection and Overstay problem

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Moverover he gets the refusal promptly means in a single day ☹



Sure, it is all computerised and any misdemeanor is immediately signaled next time you visit or apply for a visa.


ANYBODY over staying a visa is a risk and will get refused any further entries within minutes of applying.


You main chance will be to get the company who he is visiting to get involved and work it out on a local level in Switzerland.
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Old 23.12.2022, 13:41
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Re: Business visa Rejection and Overstay problem

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Thanks for your prompt reply. It seems to be logical. Problem is that no one is going to reveal the explanation of mentioned reasons. Now he has right to appeal. There is no doubt he breach immigration law; But how he can justify it happened because of ignorance? He is professional qualified PhD doctor and represent his country in this business meeting
Thnx
So which part of:

Quote:
1. Justification for purpose and conditions of the intended stay was not provided.
I don't know how it could be any plainer....

It is unfortunate for him, but he is most likely going to have to embarrass himself before his employer and clients to get the travel documents he needs in order to travel.
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Old 23.12.2022, 14:48
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Re: Business visa Rejection and Overstay problem

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Hello,

Valid until dd.mm.yyyy date but only 11 days before that deadline. Quite confusing indeed.

It has not been explained but I assume the application and the rejection of this travel visa happened somewhere else around the world. "Representing his country" reads like local diplomats should be doing their job to get this visa. Maybe a couple calls can fix this.

Exactly that was confusing for him as well.
Visa sticker stated followings:

VOM:10-09-22
BIS: 04-10-22
DAUER Des AUFENTHALTS: 11
Actually he is country head of the company.



But Thanks for your input
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Old 23.12.2022, 14:49
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Re: Business visa Rejection and Overstay problem

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I think he means "presenting his company"


Diplomats don't get visa problems....

Yup country head of company
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Old 23.12.2022, 14:50
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Re: Business visa Rejection and Overstay problem

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So which part of:



I don't know how it could be any plainer....

It is unfortunate for him, but he is most likely going to have to embarrass himself before his employer and clients to get the travel documents he needs in order to travel.
Exactly he also involve his company to initiate Appeal here in Swiss.
Hope for the best and finger crossed
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Old 16.01.2023, 09:45
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Re: Business visa Rejection and Overstay problem

Quick update:
We decided to apply one more time for Business visa. My friend submited all required documents and visa was approved.
Thanks to everyone of you for sharing relevant information.
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