Will I be refused a visa if I previously overstayed in a different country?

Will I be refused a visa if I previously overstayed in a different country? - Modern instant camera printing photo with heart symbol

I went to South Africa and overstayed there for some months.

Might I be refused a visa for Sweden because I overstayed in South Africa?



Best Answer

It depends on whether they notice it (you don't have to disclose anything like that on the form like you do for other countries) and probably on the rest of your application.

If they do notice it, it might lead to a refusal, not because there is any formal rule that bans people who overstayed elsewhere but because it goes to your credibility: You now say you will leave the Schengen area in three months time but the last time you implicitly did that (namely for your visit to South Africa), you actually stayed longer illegally.

So the consulate could legitimately rule that your “intent to leave the territory of the Members states before the expiry of the visa could not be ascertained”, which is one of the standard reasons to refuse a visa.




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Can an overstayer apply for a visa?

You won't be barred from re-entering if you're applying for a partner or family visa or were under 18 when you overstayed. The overstaying might still be held against you on future visa applications.

Can I leave the country if I overstayed?

Visas allow travelers to stay in another country for a certain period of time before they must leave. Those who overstay their visa and remain in the country will usually face consequences and possibly prosecution by local immigration authorities.

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.

Can I come back to UK if I overstayed?

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.



What is a Visa Overstay? Consequences and Solutions to Over staying a Visa




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

Images: Anete Lusina, Karolina Grabowska, Anna Shvets, Karolina Grabowska