OVER STAYER IN EUROPE QUESTION

Travel Forums Europe OVER STAYER IN EUROPE QUESTION

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1. Posted by fentonsat59 (Budding Member 4 posts) 31w Star this if you like it!

Hey guys.

Im a NZ born citizen. I have a french partner she was pregnant and we decided to have the birth back in her country as it was way cheaper in our situation. Anyway baby was born it was close to xmas so we decided to stay on, further more all her family is in france and not knowing when we would be back to her country we decided to let all her family meet baby. We only stayed in france for the whole entire duration of our stay.
Ive overstayed by 3months now and we plan on returning back home. We're flying out of Marseille and most of the flights go through germany which I know is quite strict, will I be questioned in germany, is there another way around this? Ive seen other flights that fly directly out of the france and out of the schengen directly without stopping in another country in Europe but the flights are wayyy to expensive! any help much appreciated

2. Posted by Kathrin_E (Travel Guru 341 posts) 31w Star this if you like it!

You deliberately and knowingly broke the law. Now bear the consequences. What kind of "advice" do you expect from us?

3. Posted by fentonsat59 (Budding Member 4 posts) 31w Star this if you like it!

Looks as if I hit a nerve, easy tiger. Yes I understood I broke the law but with good reason to. I initially applied for a long stay visa for France in my home country, while my partner was already in France waiting for me. I waited 6 months for an appointment at the french embassy in NZ. And if you dont know, to get an appointment you constantly need to log onto the website and pick a available time they give which there weren't ANY dates available as its on high demand. 6 months I waited....
I hadnt seen my partner for 6months and obviously missed out on all the scans ect.
My partner was almost about to give birth so I decided to go anyhow and return before my 90 days were up, I left out in my previous post our child had life threatening complications during the birth therefore I also had to stay longer, I wasn't going no where Law broken or not!
I know its no excuse as you or others may think. I thought I might try. What if my child had died would you of change your tune?

4. Posted by leics2 (Respected Member 372 posts) 31w 1 Star this if you like it!

The reason why you chose to deliberately overstay by such a substantial period of time is irrelevant. By overstaying you knowingly broke the law.

I will stick to the facts:

> is there another way around this?

Absolutely 100% not, sorry (unless you go via an illegal smuggling route, which would clearly be complete madness!).

Your date of entry to the whole Schengen area was noted on the system shared between all 26 Schengen countries. Whichever of those countries you leave from, regardless of whether you leave by land, sea or air and also regardless of where you are going to, your documents will be checked. Both your date of entry and your overstay will be known and you will, in consequence, almost certainly be questioned....especially as your overstay is so substantial.

The potential consequences of overstaying in the Schengen Zone are a fine and/or refusal of entry to any Schengen country for x number of years. What will happen to you depends entirely on the border officials who deal with you on the day. Your reasons for overstaying will of course be taken into account but there is no guarantee whatsoever that they will exempt you from penalty....and you should not expect them to do so.

By the way, Germany is no 'stricter' than any other Schengen country. Schengen laws and regulations apply equally throughout all 26 countries. Any country which ignored or bent those laws and regulations would be in serious trouble. It simply doesn't happen.

[ Edit: Edited on 19-Feb-2018, at 05:28 by leics2 ]

5. Posted by Teoni (Respected Member 562 posts) 31w Star this if you like it!

I really feel for your situation:( it sounds like what you went through was really tough and you clearly love your child and partner.

Unfortunately like the previous posters the law doesn't care maybe after hearing your story they might be more lenient with their punishment and at least not ban you from the Schengen region, it is not the first time they have given a pass for medical reasons though in those cases it was the traveller who was sick and unfortunately Europe has a heightened sensitivity to immigration issues at the moment that may not work in your favour:(

The only thing I can think of (and this is still a long shot) is maybe if you fly out through France because your partner and presumably your child is French perhaps you can lean on some nationalistic bias to get you a more favourable outcome.

6. Posted by Sander (Moderator 5275 posts) 31w Star this if you like it!

I wonder if there wouldn't have been a more appropriate visa for your situation than visiting on a schengen visa (for example, if you were to get married, I think there's visas for that specific purpose), and if you could somehow retroactively apply for one.
You might try researching things in that direction, and/or contacting your consulate and asking them for advice?

7. Posted by Kathrin_E (Travel Guru 341 posts) 31w Star this if you like it!

This does not sound as if there had been medical issues. Pregnancy is not an illness, and from all this I draw the conclusion that mother and baby are healthy.

The visa question should have been settled in advance, at that point when the two of you decided to stay longer than a normal tourist visa permits. Chances to find understanding authorities would have been better then than they are now. But it's too late for that discussion now. Good luck, you will need it.

I have understanding for your wish to stay longer in France, but I have no understanding why you did not bother to deal with the visa question in time.

[ Edit: Edited on 19-Feb-2018, at 14:34 by Kathrin_E ]

8. Posted by Andrew Mack (Respected Member 355 posts) 31w Star this if you like it!

Trying to sort a visa problem after the event is the way to ensure you'll fail...
You should have consulted a solicitor before the time ran out.
Sorry...

9. Posted by Peter (Admin 6523 posts) 31w Star this if you like it!

I think you'll need to be prepared to either pay a hefty fine, and/or be banned from the Schengen zone for a number of years. Agreed with Teoni on trying to depart out of France in the hope for a little sympathy. You can't leave without expecting some consequences though.

Please let us know how you go though. I, for one, am very interested to see the outcome!

10. Posted by harptravels (Budding Member 10 posts) 30w Star this if you like it!

You broke the law so expect hefty consequences. Especially with all the immigration policies nowadays, you will certainly not be permitted to enter Schengen states any time soon!