4

About three years ago, I made a dumb mistake of not checking the need for a Schengen visa when booking the cheapest Lufthansa flight to go home from the US. This flight included 2 layovers. Having flown through Europe with single layovers before, I didn't think that 2 layovers would make any difference.

Obviously, I was young and naive and got stopped at my first layover and sent back since I couldn't travel to my second layover on the same flight without having a Schengen visa.

Now my question is: does that count as getting deported from that first country? Do I need to report that in my future Visa applications (where they ask if you ever got deported? or overstayed?). I don't have any proof of what happened on paper other than the entry stamp to the first airport: Geneva Intl: imgur.com/SDJX8LD ?

EDIT: The visa application I submitted recently that included such a question was the Canadian transit visa. They had a simple YES/NO question about deportation to which I responded by "NO". Should I update that somehow?

UPDATE: I double-checked the application and it mentions refusal of entry as well. Accordingly, I will have to cancel that application and do a new one (since no way to update). Thanks for the help nonetheless.

11
  • 3
    Visa applications where? It would not count as a deportation in the UK for example (where “deportation” means something very specific: it's a removal following a judge's order, for someone who has been convicted of a serious crime) but the question they ask there is much broader and I think you ought to mention this. OTOH, I don't think you have to disclose anything for Schengen visa applications.
    – Relaxed
    Commented Mar 16, 2016 at 7:18
  • 3
    As far as I can tell, you were simply refused entry. But then you should have received a standard form stating this and the reasons for the refusal.
    – Relaxed
    Commented Mar 16, 2016 at 7:20
  • 2
    Generally speaking, being refused entry is not the end of the word, being upfront about it is best especially if you can genuinely say it was a mistake. But if they catch you in a lie, things can get ugly really quick, even for a minor issue like this one and your explanation will sound like a made-up excuse.
    – Relaxed
    Commented Mar 16, 2016 at 7:21
  • 2
    That's a standard entry stamp...? Do you really have no other paperwork?
    – user4188
    Commented Mar 16, 2016 at 7:55
  • 2
    This is a box-standard removal.
    – Gayot Fow
    Commented Mar 16, 2016 at 10:54

1 Answer 1

2

It is difficult to say, but the problem is that the exact definition of legal terms may differ between jurisdictions. There was a similar question here just a few days ago, where a UK visa was denied because the applicant had stated in his application that he was not convicted for a crime and the UK immigration authorities later had a different view of the facts after they had checked the applicant's criminal record. The applicant did have a criminal record, but in his home jurisdiction, the court verdict was not a 'conviction' as of the local legal definition of the term:

UK Standard Visitor visa refused (V3.6(b), deception on prior convictions, 10 year ban), can I reapply immediately?

Since deception or failure to disclose relevant information in a visa application is usually harshly penalised (e.g. with a long entry ban), if in doubt, you should be open about the issue and give as much details as possible. In this specific case, it is very unlikely that the Canadian immigration authorities would deny you a transit visa even if you answered 'yes' to a question like 'have you ever been deported?' and explained in detail, that you were denied entry because you were not aware that a regular visa was required for transit.

1
  • Thanks for the answer. I requested to withdraw my current application in order to submit an updated one since there is no way to update the documents once submitted.(was rushing it because of time)
    – GGMU
    Commented Mar 16, 2016 at 15:27

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .