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-   -   Student with no visa: Will I be denied re-entry into Germany??? (https://www.fodors.com/community/europe/student-with-no-visa-will-i-be-denied-re-entry-into-germany-1042326/)

Alec Apr 9th, 2015 11:42 AM

Germany, Netherlands and Switzerland are three EEA countries noted for strict border control and sticking to the letter of the law.

nytraveler Apr 9th, 2015 04:13 PM

I am not an expert on this but I think it likely that you will not even be able to get on a plane to leave the US (since they have to send you back at no cost if you are not allowed in the country) because you cannot show a valid visa.

Sorry - having classes starting now is YOUR problem - not THEIR problem - and I think your chance of getting in is very small.

Perhaps, next time follow the rules.

I would contact the school and see if they can recommend an expert (probably very expensive) to get you out of this mess you have created.

tom_mn Apr 10th, 2015 05:00 AM

Just a preface that the links I posted are to a forum that specifically tallies recent Schengen violation experiences and advises outcomes based on that. Of course I can't provide that, but Natalie can post there for more accurate and objective advice than she can get here.

Extrapolating from posts I read in the other forum, I propose this scenario, assuming a September 10 entry to Schengen:

Arrive Schengen Sept 10, 2014. The next 180 days (Sept 10 to March 10) are automatically encumbered by precise regulations: no more than 90 days within the Schengen zone. Starting about Dec 10, Natalie was in violation of residency laws. At any time she remained within the Schengen zone after this date could have been reprimanded, fined a large amount, or worse. The most critical time for legal trouble is at exit from Schengen. This is when the warnings, fines, signing documents barring re-entry or agreeing to not re-enter for a certain period of time-- this is when it happens. As soon as she clears this point, all violations become moot. She has exited the Schengen zone and is no longer in violation. And now that March 10 has past, there is no longer any encumbrance from the previous entry on future entry to Schengen.

So proposing she faces no obsticles, that she will re-enter on a reset 180 day period. There is no retroactive punishment for previous violations. However, entry to Schengen is always at the discretion of the officer who may ask pointed questions, but she has answers and will admit irresponsibility.

Outcome likely to be positive.

tom_mn Apr 10th, 2015 05:02 AM

Sorry, hit the button before taking out spelling mistakes.

needmorevacation Apr 10th, 2015 01:07 PM

Right, but tom_mn, the problem with you quoting advice from other forums is this: the information could be wrong.

You've given plenty of incorrect information on this thread alone. Just because someone wrote it on a forum does not mean it is true. Your extrapolation of things written on other forums is even more worrisome.

If someone came on here and quoted what you were saying and posted it as the truth elsewhere based solely on the fact that it was 'posted on a forum', your information would still be wrong. Make sense?

thursdaysd Apr 10th, 2015 01:44 PM

And, surprise, the information is wrong. The 180 day period doesn't reset when you leave.

From the US State Dept. web site:

When you leave the Schengen area after three months, you must wait another three months before you can apply to enter the Schengen area again without a visa.

Alec Apr 10th, 2015 02:25 PM

Use Schengen calculator:
http://ec.europa.eu/dgs/home-affairs...ulator_en.html

KTtravel Apr 11th, 2015 06:45 AM

Have you contacted your university in Germany? I wonder if they can somehow be of help or give you good advice as likely other students have had this issue. What did the embassy advise?

KTtravel Apr 11th, 2015 06:59 AM

Have you contacted a passport/visa expeditor? We used one when my daughter had a tricky visa situation. It cost a fair amount but we were able to get her student visa quickly. We used the one that had an initial (first letter of the alphabet) followed by a name (don't want to advertise.) I am sure there are other services, too. I don't know why it was faster to use that service than to go through the usual channels, but it was.

Alec Apr 14th, 2015 03:35 PM

Expeditors like A Bi**s have special arrangement with embassies/visa offices to submit applications personally, bypassing often the slow mailing route.
But even they can't get you a visa if you don't qualify for one.

natalie_browning4 Apr 20th, 2015 04:27 PM

Thank you everyone for replying!

Backed with so many prayers, documents, optimistim…I walked into the Frankfurt airport, extremely nervous, trying to appear calm…and was only asked the basic "What am I doing here" and "where will I live" questions before getting a smile and "Viel Spass." I literally broke down crying after during baggage claim.

A miracle.

Much of my freak-out was due to the internet, and this website, actually. I don't know if a real miracle occured or if random people on the internet need to cool down about the world and its consequences…the law, the scary border control.

Anyway, my advice to other people in this dilemma: get as many people involved as possible, carry as many documents with you as you can, and look as cute, pleasant and innocent as possible. Oh and praying--no matter how excessive, all the emails I recieved telling me I was being prayed over calmed me significantly. These are just things to set you at ease. And maybe get you in... Good luck!

KTtravel Apr 20th, 2015 04:34 PM

Terrific news! Thanks for letting us know.

Alec Apr 20th, 2015 04:39 PM

You were very lucky, as you didn't meet a border official with their usual thoroughness. It worked for you, so pleased for you.
But I still maintain that people should play strictly by the rule, and then you have nothing to be nervous about when going through border formalities.

nytraveler Apr 20th, 2015 04:59 PM

Wouldn;t it have been much simpler just not to ignore all the rules to begin with?????

crosscheck Apr 20th, 2015 07:45 PM

Congrats, Natalie. I had been wondering about what happened. Thanks for checking in to let us know.

quokka Apr 20th, 2015 09:26 PM

Now finally settle your residency and visa matters as soon as possible.

thursdaysd Apr 21st, 2015 04:08 AM

Thanks for reporting back. Glad it worked out for you. Wouldn't suggest trying it again.

Sassafrass Apr 21st, 2015 06:16 AM

Natalie,

It is great it worked out for you, but I hope others do not take your advice to look "cute, pleasant and innocent" and "pray."

That is actually not the right thing to do and very bad advice. The advice should be to settle your legal matters in a timely manner as to avoid the angst and unpleasant possibilities when you ignore the rules.

Travel_Nerd Apr 21st, 2015 10:36 AM

Glad it worked out, you are very lucky. I wouldn't call it a miracle--just luck.

However, please know that there are laws for a reason. As others have said, please make sure you meet the LEGAL requirements for your continued stay in Germany, especially in this day of international terrorism.

I hope you took this situation and learned from it. You may not be so lucky next time.


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