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1. Posted by Colorina (Budding Member 10 posts) 7y

Colorina has indicated that this thread is about Switzerland

I need some help, I'm from Argentina, On March 2008 I came to Switzerland ( before it became part of Schengen), stayed for 3 months, then went out to Germany by plane on June 2008 ( got a exit stamp leaving Switzerland plus a stamp when I arrived in Germany) the same day I entered Switzerland again, by car, without stamping my passport at the border. Then on December 2008 Switzerland became Schengen zone.
So I'm a bit confused on what is the best thing to do now. I do not have any stamp since June 2008, I want to go back to Argentina but I will run the risk to be check at the schengen border by car or at the airport and the rest you can imagine. So I was thinking, what if I loose and make a new passport, will they give me a new one or just a temporary one?? will the police find out any records of me entering Germany last year? we want to get married next year here in Switzerland but we don't know what to do now. I will apreciate any ideas.

2. Posted by t_maia (Travel Guru 3289 posts) 7y

then went out to Germany by plane on June 2008 ( got a exit stamp leaving Switzerland plus a stamp when I arrived in Germany)the same day I entered Switzerland again, by car, without stamping my passport at the border. Then on December 2008 Switzerland became Schengen zone.

And why didn't you go to the Swiss immigration police and told them that your passport had not been stamped? In June 2008?

The way it is now you have been illegally in Switzerland since June 2008. Sorry, I have no mercy for you.

Your best bet is probably to contact the Argentinian embassy for advice, they can also tell you whether they can issue you a new passport.

3. Posted by Nisha J (Full Member 101 posts) 7y

I fully agree with t_maia.

went out to Germany by plane on June 2008 ( got a exit stamp leaving Switzerland plus a stamp when I arrived in Germany) the same day I entered Switzerland again, by car, without stamping my passport at the border.

It looks you purposely did that and now you'll have to face the consequences. I am sorry.

4. Posted by Colorina (Budding Member 10 posts) 7y

Thanks for yor Replies Nisha J and t_maia but, of course i did it purposely and I know I have to face the consecuences. So no need to tell me something I already know. :)

5. Posted by lil_lil (Travel Guru 462 posts) 7y

Errm, so now you're trying to ask someone here to help you escape from the law?

6. Posted by Colorina (Budding Member 10 posts) 7y

yea i think that is ...daaahhh

7. Posted by Colorina (Budding Member 10 posts) 7y

Found a very interesting thread about someone in a similar position like me and with answers with a lot more information than the ones I got here. in case someone else is interested.

http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=1770122&start=0&tstart=0

[ Edit: Edited on 13-Nov-2009, at 02:15 by Colorina ]

8. Posted by bentivogli (Travel Guru 2398 posts) 7y

You can't blame distinguished TP members for not being willing to help you solve a mess you got yourself into intentionally.

As for your intention to get married in Switzerland: I understand why you want this, but it's not gonna happen. The first and foremost requirement for a Swiss-non-Swiss marriage to be allowed is that the non-Swiss partner resides in Switzerland legally.

You won't get out of the Schengen area by air without your illegal presence being noted and registered in SIS, meaning that you won't come back in again anytime soon. You may want to consider leaving Schengen overland, for instance to Croatia. If you manage to slip out unnoticed, you're safe; seen that your Argentinian, you can get back in easily.

It's a big if, though. The external borders of Schengen are fairly well-guarded, and international busses and so on are always checked on their way out. Frankly, I don't give you much of a chance that this would work. It's probably better to 'turn yourself in' and report to the Argentine embassy in Bern.

9. Posted by Colorina (Budding Member 10 posts) 7y

You can't blame distinguished TP members for not being willing to help you solve a mess you got yourself into intentionally.

Of course I don't blame them, but then don't answer me at all if you don't like the post, frases like " i have no merci for you" like if i need their merci? please:))) this is a forum not the court

As for your intention to get married in Switzerland: I understand why you want this, but it's not gonna happen. The first and foremost requirement for a Swiss-non-Swiss marriage to be allowed is that the non-Swiss partner resides in Switzerland legally.

Yeah, I know that:)

It's a big if, though. The external borders of Schengen are fairly well-guarded, and international busses and so on are always checked on their way out. Frankly, I don't give you much of a chance that this would work. It's probably better to 'turn yourself in' and report to the Argentine embassy in Bern.

No thanks, I am not turning myself in:))is the last thing i will do. Thanks for all your advises, i really apreciate it.

10. Posted by t_maia (Travel Guru 3289 posts) 7y

Quoting Colorina

Quoting bentivogli

It's probably better to 'turn yourself in' and report to the Argentine embassy in Bern.

No thanks, I am not turning myself in:))is the last thing i will do. Thanks for all your advises, i really apreciate it.

Bentivogli's choice of words caused a misunderstanding here:

The Argentinian embassy in Bern is really your best chance of getting out of this. They have no interest in contacting the Swiss immigration authorities, so confessing to them should be safe. The way I see it the embassy is the only place where you have a chance of getting real help.

Turning yourself in would be if you went to the Police and admitted to being an illegal immigrant.

You committed a criminal act and now you have to face the consequences, so suck it up when we tell you off.

The first and foremost requirement for a Swiss-non-Swiss marriage to be allowed is that the non-Swiss partner resides in Switzerland legally.

Which is why you better plan on getting married in Argentina. Chances are that after over a year of intentional overstay that you will be banned from entering Schengen again. They most definitely won't give you a residency permit now. If Swiss law is anything like German law they will only let you back in with a residency permit when you are already married or have a child with Swiss citizenship.