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I am from Vietnam.

I had a Schengen visa with multiple entries from 2 July 2016 to 2 July 2017 issued by Spanish Embassy. My daughter (15 years old) had a Schengen visa with one entry from 25 January 2017 to 4 February 2017 issued by Spanish Embassy. I did it for her.

We flied to Germany with these visas on 25 January 2017, and both of us were denied to enter Germany due to visa misuse at Frankfurt Airport. They put big 'denied' stamps on our visas.

After research about this issue, I understand that I was wrong to think that with a Schengen visa, I could go to any countries in Europe. I understand now if I would want to go only to Germany, I should apply for a Schengen visa issued by German Embassy.

I understand that even I knew I would have no problem to apply for a Schengen visa via German Consulate. But I thought it would take time for my daughter to get it in such a short timing that she can go with me to Berlin for this Lunar New Year. That's why I did the visa via Spain which was much quicker. Now I've found out that I was totally wrong.

I understand that the incident has been recorded in the SIS, and it would create a very difficult situation for me to apply for another Schengen visa.

I have a clear intention to apply for a Schengen visa through German Embassy.

I have very good and clean history of travel and financial situation:

  • Current visas I've had:

    1. Multiple entries to Canada till 2025
    2. Multiple entries to UK till 2021
    3. Multiple entries to US renewal every one year
    4. APEC business travel card (Asia-Pacific Economic Cooperation) till 2021.

  • Old visa:

    1. A number of Schengen visas issued by French Consulate (in 2011), Spanish Consulate (in 2015, 2016 from one entry to multiple entries in three months, then multiple entries in one year)
    2. I studied in Australia 2004-2006.

  • Financial cover:

    1. I have employment for a indefinite term with a managerial position in a Spanish corporation.
    2. Good financial statements to cover all requirements if it's needed

  • Invitation to Germany: My German boyfriend will do anything needed to submit to German Embassy for my visa application. He has his own business, and quite strong on his position.

My questions are:

  1. How much difficulties when I apply a visa to Germany under my current circumstance?

  2. What would be the procedure to clear my issue regarding the declining my Spanish visa at Germany border?

  3. Is there any tolerance for my visa application that I would strong show how much I have been regret for the mistake, and would like to fix it immediately.

I've been very depressed about this issue. I put my daughter in a very bad situation, and did a very bad role model into her early stage of growing up as an adult.

I would like to show her that people make mistakes. There are mistakes can be fixed, and can't be fixed. This issue is hope to be fixed with positive attitude and the willingness to be a good person. That's why I wonder how much the tolerance in the SIS would grant to us.

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    I filled in the visa form about trip to Spain with booking of returned flight and hotel. I thought I just meed to get the Shengen visa. Then I could go to Germany without difficulty. I understand by now that it was wrong for what they call as shopping visa. I'm really regret anout it. So now it's the matter on my main questions above, not about what I've done wrong. I was so wrong definitely. I would like to fix it seriously.
    – Angela
    Commented Jan 29, 2017 at 9:53
  • Unlike in many other countries, there are no fixed penalties for immigration violations in the Schengen area, but these are decided upon based on national practices. The paperwork you received from the immigration police in Frankfurt is likely to contain more details about the consequences for you.
    – Tor-Einar Jarnbjo
    Commented Jan 29, 2017 at 14:29
  • "The paperwork you received from the immigration police in Frankfurt is likely to contain more details about the consequences for you." They said that it would take 4 weeks to be delivered to an authorized person who could receive the papers for my case in Frankfurt. So I don't know what would be the consequences for me. What a normal consequences for my case would you know?
    – Angela
    Commented Jan 30, 2017 at 2:56
  • Are you currently a resident in spain? applying for a residence is quite easy and would probably grant you a resident card, that works like a national ID and means that " residence permit from any Schengen country (or a national ID card from any EU country) is a valid travel document for use throughout Schengen." official EU site.
    – CptEric
    Commented Jan 30, 2017 at 7:49
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    It should also be noted that there is actually nothing wrong about entering Germany on foot of a Spanish visa, even visiting only Germany with a multiple-entry visa issued by Spain should generally be fine. If the German authorities denied entry based only on that, they were overreaching and clearly wrong (not that it doesn't happen, unfortunately). Most likely, the issue is that your daughter has a single entry visa, which is implicitly tied to a specific trip and this in turns implies you misrepresented your plans to get a Spanish visa. This could be more serious.
    – Relaxed
    Commented Jun 28, 2017 at 20:06

2 Answers 2

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You had a Schengen issued by Spain and arrived in Germany instead. Presumably you did not disclose an agenda that included visiting your boyfriend in Berlin and you could not explain what you were doing in Germany. You and your daughter were removed on the grounds of abuse, specifically "visa shopping". Prior to this you had built up a great history of performance.

What would be the procedure to clear my issue regarding the declining my Spanish visa at Germany border?

There are pathways that allow you to protest, but given what you wrote the removal was based on solid grounds, i.e., you were abusing the system. The only practical way to 'clear the issue' is to make a fresh application and be successful at it. Doing this would help restore your credibility. The downside is there's substantial risk because they do not trust you any more. More about this below.

Is there any tolerance for my visa application that I would strong show how much I have been regret for the mistake, and would like to fix it immediately.

Everybody in the world experiences intense sorrow when they get caught, it's natural. But they have heard it all before and your explanation is likely to fall on deaf ears. At this point it's better to focus on your premise and your supporting evidence. Your strong history will be helpful.

Now on to your real question...

How much difficulties when I apply a visa to Germany under my current circumstance?

You are facing a refusal with the reason: "Justification for the purpose and conditions of the intended stay was not reliable". It is the natural corollary to an incident of abuse that resulted in removal. Reading this article will be helpful and indicate what you are facing: Schengen Visa Refusal: Justification for the purpose and conditions of the intended stay was not reliable

The next step for you would be to arrange a consultation with a lawyer who has a strong practice area in Schengen and to show them your removal paperwork and the supporting evidence for your next application. Remember: having a viable premise is critical with ALL Schengen applications.

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  • Thank you @Gayot. You always offer great detailed answers which are really useful. I have had a strong history of travels to some countries: most of them in SEA (Japan, Korea, Singapore, Thailand, Indonesia, Malaysia, ...). I've been to Chicago, London, France, Italy, Spain, Germany. In your advise of "focus on your premise and your supporting evidence", what does it mean of premise? Would it be apartments that I would own? Regarding to hiring a "lawyer who has a strong practice area in Schengen", do you know how to find them in Germany?
    – Angela
    Commented Jan 30, 2017 at 3:04
  • I've added questions #4 & #5. Would you please help me?
    – Angela
    Commented Jan 30, 2017 at 3:14
  • @Angela Premise is the reason you are making the trip (including the surrounding circumstances). The implication of what Gayot Fow states is that you would need to provide a strong and clear reason for the trip that you are intending to make, with enough documentation (evidence) provided to persuade the official reading the application that you are telling the truth, despite the fact that they will have an automatic red flag against the application indicating that you have been untrustworthy in the past. He suggests (correctly) that you need a lawyer to help you achieve this.
    – ssmart
    Commented Jan 31, 2017 at 15:05
  • Thank you @ssmart. I understand now. I can be able to do it. Regarding to finding an experienced lawyer, where would I find him? Is there any official source that I could contact? Thank you.
    – Angela
    Commented Jan 31, 2017 at 15:09
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    @Angela No. You asked your question and you got your answer. It's done. The site is not a discussion forum for endlessly blossoming information. You can up vote, down vote, accept or reject the answer, or wait for new answers or ask an altogether new question or take it to an immigration forum site. Please read how the site works, thanks.
    – Gayot Fow
    Commented Jan 31, 2017 at 15:18
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For the updates:

My boyfriend hired a lawyer who helped us to clear the situation. I've got an one year visa 8 months ago. They helped to clear the bad record in the EU system too.

Lesson learned.

Thank you very much for your all attention to my case.

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