Overstay in Germany - repercussions on future family reunion visa application

2 posts in this topic

My wife and 2 year old child had a family visit visa to visit me in Germany from India. The visa was valid from the 29th August 2019 to the 4th October 2019 and the number of valid days was 22. So, she should have left by 19th September but we misinterpreted that and she left on 21st September 2019.

She was stopped at Frankfurt border control and she was charged with an offence under section 95 Abs. 1 Nr. 2 AufenthG. There were no remarks made in her passport and she was told that she will be served with a penal order and the letter will be sent to her Indian address. Both of us are literate and we are deeply ashamed to have made such a mistake. Also we are eager to be re-united as a family and this is a problem that we did not envisage at all.

I have a Blue Card and my wife intends to apply for Family Reunion Visa as soon as possible from India. I have contacted a lawyer in Essen (that is where I am located at) and she has written to Bundespolizei asking about the status of the case. But I do not expect them to reply as I wrote several emails to them and did not get any reply. Now she has no idea what to do next. Now my questions are as follows:

  1. Do you have any idea how much time it takes for the decision to be made on the case with which she has been served? I hope that she gets served with a fine and no bans. This is her first offence and for two days only, But I have also heard that Germany has a very strict approach towards these mistakes and I am worried.
  2. Is there any place in Germany where I can inquire about the status of her case? She had been given the address and phone number of two court clerks who will forward the court order to her. I have contacted them and one of them said that he still does not have any letter for my wife. But is there any other place that I can ask? 
  3. Can anybody advise about any good lawyer in Frankfurt who can advise me better about this case? I want to get a decision to be made on this case so that she can apply from India. If Toytown does not allow posting to individual businesses, one can also DM me. 

Any advice will be really appreciated.

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3 hours ago, Vivre said:

she was told that she will be served with a penal order and the letter will be sent to her Indian address

 

I guess she will need to wait for the letter to arrive so you know what you're up against. Maybe nothing happens.

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