Visiting Denmark with a prior overstay

Visiting Denmark with a prior overstay - Brown Concrete Building Near River Under White Clouds

I have visited two time in Denmark where my husband lives. Last time I went there was 8 years ago. I applied for a permanent visa which is refused and I overstayed there for 10 days because I never got a ticket to come back.

Now they won't even give me a visit visa. I have two children holding Danish nationality. I have tried two time for visit visa but it was refused. Now I want to try again to apply for visit visa can u give any advise about it? My husband has Danish nationality. My first son is 10 year old and second is 1 year old they both have Danish passports and they live with me in Pakistan because they can't live without me my husband always came Pakistan after 9 months. They said in refusal that I might be trying to live permanently in Denmark.



Best Answer

It can be difficult to overcome a previous judgement error. An overstay of 10 days from 8 years ago may be harsh, but reflects the growing public mood in Europe towards visa abuse.

Fortunately there are at least two good ways to overcome a pejorative visa history...

The first, and better alternative, is to build up a record of successful performance in countries that monitor and punish overstayers. These countries would include (but not limited to) the USA, Canada, Brazil, Japan, Russia, and the UK. Having a strong record of compliance is a compelling reason for an immigration official to decide in your favour. Although it is a self-referencing rule because it leaves the person in an initial quandary about where to start, it is arguably the best way to effect a permanent cure to clearing up one's overstay history. Three or four compliant journeys is usually enough, but more is always better.

The second alternative is to have a compelling change of circumstances such that the prevailing conditions that made you overstay the first time no longer exist. This strategy requires a solid understanding of rules along with the ability to depict the change in circumstances in a logical and disciplined manner. Persuasive writing skills are key. Accordingly, this alternative works best when using a lawyer who has built up a practice area helping overstayers.

Although your question is scoped to visiting, you may want to try one of the family routes. For Denmark it means posting collateral and a rigorous language hurdle that you may find unpalatable. More info here. There are also some protected routes under Article 8.

Given that you have an in-country refusal and two out-of-country refusals in your history, I would recommend not attempting another application until you have one of the above strategies firmly in hand. Although the literature states that each application is a unique event governed on its own merits, a lengthy series of refusals can be an indication that you do not understand the rules. This can create credibility issues in its own right.




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What happens if you overstay your visa in Denmark?

If you exceed your visa's validity period you can be given a penalty period. During this period you will normally be unable to obtain a Schengen visa to enter Denmark. You can be banned for three years if you exceed the visa period by up to 30 days.

What happens if you overstay a tourist visa?

If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.

Do embassies know about visa refusal in other countries?

As long as there is no visa rejection stamp on your passport none will know that another country has denied your visa. Except for Schengen countries as they use the same system and they will be able to pull you information. In the Western world all of the embassies are linked into common computer networks and systems.

What is the penalty for overstaying a Schengen visa?

You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area.



OVERSTAYED PINOYS IN DENMARK PINAG-IINGAT




More answers regarding visiting Denmark with a prior overstay

Answer 2

As a complement to Gayot Fow's excellent answer, I'd like to state the following additional points (migrated from an answer to a duplicate question):

  1. Collect all information that proves that your previous overstay was actually not your fault. Preferably, it shouldn't be the fault of your husband, either. For example, if you couldn't get a ticket out of the country after your denied permanent residence application, a letter by the airline or travel agency stating that the first ticket that they could get you to your home country was after your visa expiry date would help. It is surely difficult to obtain that now, though.

  2. Contact a suitable lawyer specialized in immigration/visa issues regarding Denmark. There may be ways to appeal for a reconsideration of your case, but after two denied visa, trying again without legal help is risky.

Answer 3

The length of time is irrelevant if there was no need for explanation between attempts to visit. If Denmark has a consulate or Embassy in your current country, visit or write to them. Clearly explain your reasons for the past indiscretion, along with your need for current travel. More importantly, express your willingness to provide evidence of the need to return (i.e., your children are enrolled in school here) and paid for return travel (i.e., a round trip ticket). A good immigration attorney can smooth this over in no time at all.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Bruna Noronha, Pixabay, Mihis Alex, Pixabay