The overstay in Denmark was for 9 days.

The case is actually complicated.

I stayed there 9 days extra on the Schengen visa. Unaware of the overstay, I applied for a spouse type in the overstay period. This is when a cop there told me that you are overstaying. Meanwhile, the application for the spouse visa was rejected as it was applied during the overstay.


Then when i came back to my home country i applied for a Schengen again. It was rejected.

Now i have applied again for the spouse visa from my home country and waiting for the decision!

closed as off-topic by drat, Mark Mayo, Gagravarr, choster, Karlson Aug 16 '14 at 23:16

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  • Can your provide more information. Like did you leave voluntarily? And did you stay in Denmark the whole time? – Vagish Aug 16 '14 at 2:19
  • I applied for the spouse visa in the 9 day overstay, which is how i got to know the that i was overstaying. Before any notice, i left Denmark, voluntarily. And yes, i was in Denmark the whole time. – diszonant Aug 16 '14 at 12:24
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    In complex cases in which a lot is at stake (not some random trip but your future life with your spouse), hiring a lawyer is good idea, if you can afford it. He or she should be able to provide a lot more information than we are. – Relaxed Aug 16 '14 at 15:07
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    At the very least, as this is a question about long-term relocation, it is more suited to Expatriates.SE. – choster Aug 16 '14 at 17:15

It's difficult to know in general, especially without a lot more information.

One thing that might weight in your favor is that one of the most common reasons to refuse a visit/short-stay visa is in fact the concern that the person might overstay her visa and use it to immigrate illegally. That's a good thing for you to the extent that a spouse visa is intended to let you settle in the country (i.e. you can't abuse it by staying indefinitely as it's its very purpose). Therefore, the risk that you might overstay again is very relevant for short-stay visa applications, much less for long-stay visas.

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