- May 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Business Trip to Europe
I recently took a business trip to Europe to attend two work events, one in Portugal and the other in Finland. I applied for a business visa indicating my intention to attend both events, although the second event in Finland was not yet confirmed by my company at the time.
## Visa Validity Confusion
Upon receiving my accepted visa, I noticed that the validity extended until the end of the second event in Finland. This led me to believe that I could stay in the Schengen area for the entire duration between the two events.
## Unexpected Visa Overstay
After attending both events and briefly visiting family in Germany, I encountered an issue during my transit flight back home through Denmark. I was informed by passport control that I had exceeded my visa by 13 days and was asked to undergo a secondary investigation.
## Facing Consequences
I was required to pay a fine and was informed that I may face a potential ban from entering the Schengen Area for two years. This has significant implications for my work, travel record, and future plans of studying in Europe.
## AI Legalese Decoder Assistance
The AI Legalese Decoder can help in this situation by accurately interpreting the legal jargon and providing guidance on how to respond to the questions about my overstay. This tool can assist me in understanding my rights and potential consequences, offering advice on how to proceed to avoid any further repercussions.
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Expanding the original content:
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I think you’re unlucky that your mistake was caught in Denmark. What is more than a little bit important in your story is that you ‘self deported’ and that this given the relative small transgression should not result in a (significant) ban. However, if you are banned you should definitely object formally to this decision and point out the self deportation, the short duration of the overstay and the unreasonably hard effects of a ban in relation to the transgression.
That lady at the airport was unnecessarily harsh it seems, I hope that the back office worker is going to be reasonable with their discretionary powers.
Your post would make a lot more sense and make it easier to understand if you gave the dates of your events and the dates of your visa.
As it stands, nothing makes sense with the Danish officials saying that you overstayed by X.
Also, what type of visa was issued?
Denmark is hot as hell on these sorts of things it’s insane.. I fly a lot of countries and and work all over Europe, but when I went out there for a project and I didn’t have a lot of days left on my visa and they made this very clear – threatening a ban from Europe for an extended time… I used one of those visa calculator websites and swiftly left the country before running out of time 😅 doesn’t seem like other countries are too concerned though … just my experience
This happened to me while exiting Germany last year.
My visa was issued by Austria and it was my first time getting a visa via Austria. I had to get the visa from them because my main purpose was to snowboard in Austria. The entry and exit points were in Frankfurt due to direct flights.
I accidentally overstayed for 2 days because I didn’t realise that while I was given several months in between the start and end validity date, my total days was only 10.
All throughout the second investigation, all the German officers have been so kind and they all were saying “This is not an issue. You are not in trouble. You will not face any issues when applying for a Schengen visa again.”
And they kept repeating it. I even asked if it will be in my record, I was told no. No fines either. But I did have to send them every train ticket, hotel in Austria, ski resort tickets, etc.
They seemed to think that Austria was wrong in only giving me 10 days. And because my previous Schengen visas all had multi-entry for 90 days.
I will soon find out if this is the case since I just applied for a Schengen visa to travel over the holidays.
You were unlucky to be caught in Denmark, where the government has a weird fetish for humiliating immigrants well beyond the standard for EU countries.
The important things are that you have valid reasons for your stay, that you left voluntarily before you were deported, and that you behaved in good faith throughout. Unfortunately good faith is not a legal basis to avoid consequences, but it strengthens your position when appealing to Schengen officials, if they were to decide for a ban.
What I can suggest you from a practical perspective is: if you are working for an established company, let HR know and request their legal support. In case you need to appeal, they can probably spend more than you on getting the right lawyer on the case.
I’ve also written appeals before. Firstly: did you get some paper with their decision and a message you will hear the final verdict later? There should be an e-mail address on that.
Secondly, you can already send a letter/e-mail, and because you’re a business traveler, your chances are good they will not give you a ban. You can just explain in nicer words what happened & what caused the confusion.
IMHO there is no need to lawyer up immediately: It makes both parties more strict and less chance maybe they’ll let it go. You can always get a lawyer after the decision on the travel ban.
I generally have no sympathy for people who break visa rules but this is genuinely confusing. I’ve had schegen visas many times and they were always valid for 30 day stay anywhere in the validity period (unless it’s valid for less than 30 days). I thought 30 was the default, I’m not even sure if it’s mentioned on the visa. It looks like the Portuguese embassy screwed you over.
Denmark, sweden, Switzerland & Germany really check the in / out stamps and scan. It’s it interesting that other places are very lax, I enter / leave from Nice, FR and no scans & they have at times not stamped in or out and don’t even look where or when entry was. Today left again and she opened passport & no checking anything and stamped
I could understand how easy it is to make this mistake. I made a similar mistake as well, i was just lucky that i caught it before i overstayed and just travel to croatia so that some days will not be counted as being in schengen territory during the trip.
This record will probably be checked when you apply for a visa again. I suggest you already prepare docs to support your intention not to overstay and that it was a mistake on your part. If you have copies of your original application with the itinerary that covers the 2 events as well as explanation of what happened. You can attach these with your new application.
I don’t have anything to add. I just want to sympathise, I’m a student currently fighting the Czech visa system to get a student visa. I’m right up on my days to be staying. I hope it all works out for you and I’ll definitely be back to this post to read more of the comments if my intelligence too proves inadequate and I land myself in a Czech prison for overstaying my welcome. Good luck to you.
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I read the post a few times and I still don’t understand. OP explains what they assumed the explanation of this the visa, but not clearly explain what the right interpretation was… so I still don’t know what was the problem
OP I don’t have anything to add but just wanted to wish you good luck. It is an honest mistake , I hope the back office will understand and will let you off with a warning
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I think what your biggest mistake, was what you witheld part of your travel plan from embassy worker. So, he assumed what you will be coming purely for business purposes, and you will not stay in Europe for the duration of the validity of the visa.
Wow I didn’t even know they could extend visas for such short periods. This is my privilege showing since my country doesn’t require a visa for tourism entry to the Schengen zone.
I thought that when you asked for a visa, 90 days was the minimum, even if you planned to stay less time.