What happens if someone I invited to Schengen area does not leave?
I have invited some friends to the Schengen area (through Switzerland) as part of the visiting visa. In the invitation letter I wrote the words:
"I guarantee that they will exit the Schengen area. I will be responsible for and cover all costs of their food, accommodation, and travel."
However, they have now decided not to leave the area and ask for asylum in Germany.
What are the consequences for me? What should I do to minimize the consequences? I've talked to them and begged them to leave but they are not going back.
The reason they are not going back is because they are pursued by the police in the home country! Can I use this information to prevent them for seeking asylum here?
It's very important for me to be able to invite my family to Switzerland in the future.
Best Answer
I (EU citizen) acted as a guarantor for non-EU citizens more than 10 times and in hindsight, I would never do that again. I had an expert lawyer on Schengen regulations counseling me and they clearly stated that if anything goes wrong the state authorities will make the guarantor pay for any expenses including, but not limited to, deportation.
You will not be blamed directly for them failing to leave in time, and you will not be held responsible in case they "disappear" somewhere in a Schengen country, or apply for asylum with whatever outcome - but none of this will change your financial liabilities to the authorities. Simply put: if the executive or the state has expenses for the case, they will ask for that money from you, up to a maximum of some amount around € 25.000,--
Your options:
- do nothing and expect a financial loss as stated in worst case. it is likely that the immigration office will contact you when the visa expired and no exit is recorded in SIS. I had one case where the invited party was a day late and on monday after I was asked to see immigration police and explain.
- inform the officer who processed the invitation. they may or may not be helpful, this can be risky
- lawyer up and work out a defensive strategy.
Pictures about "What happens if someone I invited to Schengen area does not leave?"
What happens if you overstay in the Schengen zone?
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.How long can you stay in the Schengen area without a visa?
2. How long can I stay without a visa in the Schengen area? You can stay 90 days in any 180-day period within the Schengen area.What is the penalty for staying over 90 days in Schengen?
The Schengen law states that you can't stay in the Area for more than 90 days. If you do, you're subject to a fine and possibly deportation and being banned from re-entering the Schengen Area.What is the Schengen 90 180 rule?
What is the Schengen 90/180 rule? Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV
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Answer 2
In addition to the answer above, you do not mention your own status in Switzerland. Are you a citizen, long term resident or on a temporary visa? If you are a citizen probably you have less to worry, but if you are indeed looking for applying for a citizenship, such things could complicate matters.
Switzerland has several instances of denying citizenship including matters which may seem trivial such as refusing to shake hands and being annoying to the local residents. Your case depends on the severity of the crime your guests are being prosecuted for at their home country. They would not be getting asylum unless they are being prosecuted for causes which are basic human rights in the western world (eg: their sexuality or religion). (They could of course lie to the German authorities to claim asylum somehow.)
If they are being persecuted for criminal charges, this could well end up against you considering you abetted them in escaping. All this of course depends on how much information the Swiss officials would get about this case, but in case they know it, there is no way this would support your cause.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Max Vakhtbovych, Max Vakhtbovych, urtimud.89, urtimud.89