Overstayer in UK wants to go to Germany
I am an overstayer in the UK and have been here for a couple of years. I know would like to visit Germany before I go back home to Brazil. Would German border control stop me or allow entry for 90 days? My German girlfriend would travel with me should that help if they question me?
Or, what would happen if I return to Brazil and fly from Brazil to Germany? Would that give me a better chance of visiting?
Best Answer
Nobody can definitively predict what will happen in a situation like this, however...
As a Brazilian citizen you do not require a visa for a short-stay in Germany. Coming from the UK, you are currently allowed enter Germany under their COVID-19 rules (although this could change at any time). So based on that it is most likely that you would be allow board the flight to Germany.
Thus whether you are allowed entry Germany will come down to the immigration staff at the airport where you land.
Almost certainly, if they discover that you have overstayed in the UK then you will be denied entry - on the very simple grounds that you have shown a tendency to not abide by the rules in the past, so they will presume that you are likely to also overstay in Germany.
Whether they discover your overstay will depend. The UK does not generally have outbound (physical) immigration checks, so your passport will not be marked as being an overstayer like it might otherwise be for some other countries. Under normal circumstances it's possible the German immigration staff may not notice the overstay and you might be allowed in - but we are not living in normal circumstances at the moment.
The immigration staff will almost certainly want to be aware of your recent travel history, and that will mean looking through your passport - at which point they will discover your overstay, and as mentioned above that will almost certainly result in you being denied entry.
Once you are denied entry you will be in a very bad spot. Normally you would be returned to your origin, but given the UK will not accept you, that won't be possible. Most likely you will be forced to travel directly to Brazil - which will happen at your cost.
Having your German girlfriend with you will only make matters worse, as (in their eyes) it increases the odds that you are planning to relocate to German with her, and thus planning to overstay your allowed 90 day stay.
Again, nobody can be sure exactly what will happen, but your odds of being able to pull this off are extremely small.
Pictures about "Overstayer in UK wants to go to Germany"
What happens if you overstay your UK visa?
Proposed changes to the rules on overstaying in 2022 are set to increase the maximum prison sentence from six months to four years for knowingly overstaying in the UK. If your period of overstay exceeds the 90 day limit, you will more than likely face an exclusion on re-entering the UK for at least one year.Can an overstayer get visa in UK?
Coronavirus - if your visa is ending and you can't extend your visa or leave the UK. If your visa expires before the end of June 2022, you need to ask for more time to extend your visa or leave the UK. This is called 'exceptional assurance'.Can an overstayer apply for leave to remain UK?
Under certain circumstances, an overstayer in the UK is allowed to apply for leave to remain in the UK and succeed in the application despite being an overstayer. (ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971.Can I go to Germany with UK travel document?
British citizens require a visa and/or residence permit for any stay beyond 90 days within any 180-day period. British citizens may apply to the local immigration office (\u201cAusl\xe4nderbeh\xf6rde\u201d) for their residence permits after arrival in Germany and do not need to have obtained a visa prior to travelling to Germany.Can overstayers apply for visa in the UK?
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