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In another post I asked for help about my situation. After waiting for 6 long months, the German authorities sent me an email that they have closed/dismissed my case.

I have another work trip coming up, where I have to go to Frankfurt for 2-3 weeks. Will this affect my chances? I have normal entry/exit stamps on my passport. Is there a record of this in the system, now that the case has been dismissed?

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    Is that really all the email said? In your other post you commented that you didn’t make sure you fully understood what was happening. If you don’t fully understand how the case closure/dismissal affects you, you should ask the appropriate people the appropriate question(s).
    – Traveller
    Apr 13 at 17:38
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    Do not be naive, it is a fact that you overstayed your visa, and this will affect chances of getting another visa, but how exactly, nobody can predict.
    – Dr. Snoopy
    Apr 13 at 18:32
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    What do you mean by "closed/dismissed my case"? Do you mean a case you raised against an entry ban? Why ddon't you just apply for the visa? Apr 13 at 20:49
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    Why don't you apply for a visa, and let us know how it went?
    – dda
    Apr 14 at 2:24
  • IMO don’t stress too much , there are thousands of illegals immigrant those who never return from Germany. You have done a huge favour by returning to your home country. They didn’t give you a paper or a stamp of a ban then think if it is as a warning. People make mistakes. Don’t repeat it Apr 29 at 16:18

2 Answers 2

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At some point in the application process they will look at your passport and notice the stamps and compare them to your previous visa and will notice the obvious overstay.

So there is no need for these entries and exits to have been recorded anywhere but in your passport (note that currently there is no such record for routine entries or exits, this will change when the ever-delayed EES becomes active).

However, since there was an irregularity, it is also possible that information has been added to the VIS or SIS. Germany will also have their own records showing a procedure was started and then later dismissed.

So the chances of their not noticing anything at all are slim to non-existent, and they will have to take this into account.

Whether they will consider it to be a minor infraction they can ignore, or a real problem which will prevent you from getting a new visa for a long while, we cannot say. The fact that the case was dismissed means they won’t be coming after you with a fine or an explicit ban, but it doesn’t mean the overstay should not or cannot be taken into account for future applications. You breached one of the most important rules for a visa application, which is about whether they can trust you or not, not only on your documentation/circumstances, but also on whether you are able to respect the rules.

The only way you can know for sure whether they will grant you a new visa is to apply for one, but the risk is that if you get a refusal, you’ll have to say so on many other countries’ visa applications, and thus one is hard to justify (“I was refused a visa because of a previous overstay” is not very positive…).

I think it’s time you used the services of a good, reputable immigration lawyer, which should be able to give you a better estimate of your chances and the best way forward.

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The closed/dismissed thing is about your criminal proceedings b/c of staying in Germany illegally. This is routine and expected: if you overstay, formal proceedings will be opened by the relevant German prosecutor's office, but usually closed after some time. Because going after people who overstay a few days and are now abroad is just not worth the effort from the POV of the prosecutor.*

However, that does not mean that for the German embassy everything is now good again. They will probably still be able to find out that you overstayed and may or may not find it problematic.


(*) especially as it seems staying illegally negligently is not a crime but an administrative offense. It still can cost thousands of Euros in fines, but it is not something prosecutors and criminal courts deal with.

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