Visa Refusal due to overstay. What shall I do? What will happen now?
Posted: 30 October 2007 03:56 PM  
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I unintentially overstayed as as I was counting the 180 days from the DATE OF VISA - not entry.

My multi visa was for 1 year so I thought first 180 days start from the date of the visa. I entered though 2 month later - and that meant that I stayed longer then 90 days in 2 visits accourding to calculation from the first entry date. Not knowing that, I applied for another visa again as the 1st one is expiring soon.

I was refused the visa on the basis of the misuse of the previous one and that is when I started to read and realised I counted from the wrong date. So I was told to appeal to Tribunal court in Madrid if I want to… Also, that I can reapply in 6 months time.

Did anyone have a similar situation?

I have a house there, it’s real tragedy as I believe that even after 6 month reapplying I will not be grated a visa as I am from so to say “unprevilegious” country and I read that if any of such citizens overstay even for one or two days, their infraction will be noted and they will have significant trouble to get another Schengen visa within their lifetime.

Most of you are probably American/Australian/Canadian and you would probably be “forgiven” in such circumstances, but I would appreciate your advice/thoughts anyway.

Thank you.

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Posted: 30 October 2007 08:07 PM   [ # 1 ]  
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Wow, yeah, that’s a tough situation. And you think the tribunal will be prejudiced in their decision… which I wouldn’t be surprised to hear. I would cross my fingers and hope for the best. Be sure to dress sharply for the tribunal. When do you have to leave?

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Posted: 30 October 2007 09:42 PM   [ # 2 ]  
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need to read you paper work and if you dont under stand it ring and fined out about it
you sined for it and up to you read it like getting a MORTGAGE and not know what your paying and what date you need to have momey in you bank account

need to fine out can you go to a tribunal and get it over tuned ..... dont hold you breath as 80% are turned down
there outher way getting visa

where you from ?

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Posted: 31 October 2007 03:31 AM   [ # 3 ]  
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I am Russian and I am actually in Russia now and thus, won’t be able to personally attend the court in Madrid. I will try to go to the consulate to find out and explain but worried they will not listen….My only explanation for overstay is that I was adviced to count 180 days from the date of my visa by my visa/travel agent, so I relied on him and never thought of checking it up on the internet, etc. I worry the court won’t care about this…

In Russian forums, nobody can really tell me anything. There were cases of denial but they never really cared to appeal or apply later again….

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Posted: 31 October 2007 03:34 AM   [ # 4 ]  
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Hmm, well sorry to hear that. I really hope the consulate can help you out. We all make mistakes like that and don’t read the fine print occasionally (good lesson eh?).

Let us know what happens though, it might help the next person!

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