Germany Expat Forum

Vivre
Joined 2019
Posts: 2

4 years ago

Overstay in Germany - repercussions on future family reunion visa application

4 years ago

My wife and 2 year old child had a family visit visa to visit me in Germany from India. The visa was valid from the 29th August 2019 to the 4th October 2019 and the number of valid days was 22. So, she should have left by 19th September but we misinterpreted that and she left on 21st September 2019.

She was stopped at Frankfurt border control and she was charged with an offence under section 95 Abs. 1 Nr. 2 AufenthG. There were no remarks made in her passport and she was told that she will be served with a penal order and the letter will be sent to her Indian address.

I have a Blue Card and my wife intends to apply for Family Reunion Visa as soon as possible from India. Now my questions are as follows:

Do you have any idea how much time it takes for the decision to be made on the case with which she has been served? I hope that she gets served with a fine and no bans. This is her first offence and for two days only, But I have also heard that Germany has a very strict approach towards these mistakes and I am worried.
Is there any place in Germany where I can enquire about the status of her case? She had been given the address and phone number of two court clerks who will forward the court order to her. I will obviously contact them. But is there any other place that I can ask?
Should she wait for the decision to be made and then apply for the Family Reunion Visa in India?
If she applies for the Family Reunion visa before the decision is made should she confirm in the application that she was convicted in Germany as yes? Technically she has only been charged and not yet convicted and the question in the form also asks for the nature and duration of penalty. She will not know that unless the decision is made.
Both of us are literate and we are deeply ashamed to have made such a mistake. Also we are eager to be re-united as a family and this is a problem that we did not envisage at all. So any advice will be really appreciated.

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