1

My husband has been staying in Germany for the last 5 years. I have a Schengen visit visa for 20 days.

If I stay beyond 20 days after finishing my visa, what are the legal implications for me and my sponsor?

  • 4
    It depends a bit on your nationality and your husband's, but in general if you stay beyond your authorized period of stay, you can be fined, deported, banned from returning, or any combination of the three. If your goal is to move to Germany to be with your husband, you should have a look at Expatriates and ask any questions about that there. – phoog May 30 '18 at 6:03
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    Why would anyone with honest intent consider the consequences of overstaying before starting up? If you want to stay, say, 30 days, you should plan before, not after – Rg7x gW6a cQ3g May 30 '18 at 7:10
  • As well as the direct consequences of overstaying as @Phoog describes, a breach of Schengen visa rules would have to be declared on all future visa applications, so it would harm your chances of travelling to other countries. – Traveller May 30 '18 at 7:56
  • @Traveller why would it have to be declared? The application form does not ask about previous violations. – phoog May 30 '18 at 9:33
  • @phoog You are right, I should have said ‘may have to be’, I was thinking about the potential broader /longer term consequences of overstaying in general, and how an action that may seem reasonable at the time can sometimes result in problems later on eg a Schengen overstay showing up when applying for a visa for elsewhere – Traveller May 30 '18 at 9:52
7

It depends on how you got your visa.

  • You may have to pay a fine when you leave, and it will become much harder to get any future visa.
  • What happens to your sponsor depends on how he sponsored you. In Germany there is something called a Verpflichtungserklärung which is a promise by the sponsor to reimburse the German state for all costs of your overstay and removal. If he signed that, they'll demand that cost. If he hat to put down a deposit, the cost is not limited to the deposit.
    If you qualified for a visa without a Verpflichtungserklärung this does not apply.

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