Overstaying Schengen visa due to Covid-19 infection: What are the consequences?
My friend visited Germany on a tourist visa and she got the Visa for 77 days which was until 27th March 2022 but the validity on her visa was until 10th April 2022. For her return back to India, she tested Covid positive on 27th March and quarantined herself for 7 days and re-booked the tickets for 7th April.
When she crossed immigration in Frankfurt airport some authority stopped her and did investigation that why she did not informed anyone (I know this should be the correct way to do it). As she was affected by Covid, she couldn't take these actions. Also because she was a tourist, she was unaware of this rule. Now they said she will be charged with a crime under paragraph 95 Abs.1 Nr.2 AufenthG and provided contact number of a lawyer and asked to be in touch with him. They allowed her to take returning flight.
Anyone has faced this situation please help if you can provide any input. Also if anyone has faced same issue what are the consequences? Her husband lives in germany and she was living with him. They're planning to apply for dependent visa. Will it create an issue in procedure?
Best Answer
I will sincerely recommend your friend to get a lawyer specializing in German immigration law. It seems indisputable that your friend, albeit for a short period of 10 days, stayed illegaly in Germany and if the immigration officer found it serious enough to initiate a criminal process, the outcome is not unlikely an entry ban.
Being a tourist is probably not a good excuse for not knowing that you have to somehow deal with an expiring visa if you are prevented from leaving the country. Being infected with covid is also not necessarily preventing anyone from doing so. Your friend could have contacted the authorities both by e-mail and phone. In this situation, it should have been absolutely no problem for your friend to get a visa extension.
If an entry ban is imposed, it will be for the entire Schengen area and prevent issuance of a regular visitor visa. Dependent visas will not be categorically refused even if an entry ban is in effect, but the circumstances of each case will be evaluated.
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