Visiting Denmark with a prior overstay

Upvote:1

The length of time is irrelevant if there was no need for explanation between attempts to visit. If Denmark has a consulate or Embassy in your current country, visit or write to them. Clearly explain your reasons for the past indiscretion, along with your need for current travel. More importantly, express your willingness to provide evidence of the need to return (i.e., your children are enrolled in school here) and paid for return travel (i.e., a round trip ticket). A good immigration attorney can smooth this over in no time at all.

Upvote:2

As a complement to Gayot Fow's excellent answer, I'd like to state the following additional points (migrated from an answer to a duplicate question):

  1. Collect all information that proves that your previous overstay was actually not your fault. Preferably, it shouldn't be the fault of your husband, either. For example, if you couldn't get a ticket out of the country after your denied permanent residence application, a letter by the airline or travel agency stating that the first ticket that they could get you to your home country was after your visa expiry date would help. It is surely difficult to obtain that now, though.

  2. Contact a suitable lawyer specialized in immigration/visa issues regarding Denmark. There may be ways to appeal for a reconsideration of your case, but after two denied visa, trying again without legal help is risky.

Upvote:6

It can be difficult to overcome a previous judgement error. An overstay of 10 days from 8 years ago may be harsh, but reflects the growing public mood in Europe towards visa abuse.

Fortunately there are at least two good ways to overcome a pejorative visa history...

The first, and better alternative, is to build up a record of successful performance in countries that monitor and punish overstayers. These countries would include (but not limited to) the USA, Canada, Brazil, Japan, Russia, and the UK. Having a strong record of compliance is a compelling reason for an immigration official to decide in your favour. Although it is a self-referencing rule because it leaves the person in an initial quandary about where to start, it is arguably the best way to effect a permanent cure to clearing up one's overstay history. Three or four compliant journeys is usually enough, but more is always better.

The second alternative is to have a compelling change of circumstances such that the prevailing conditions that made you overstay the first time no longer exist. This strategy requires a solid understanding of rules along with the ability to depict the change in circumstances in a logical and disciplined manner. Persuasive writing skills are key. Accordingly, this alternative works best when using a lawyer who has built up a practice area helping overstayers.

Although your question is scoped to visiting, you may want to try one of the family routes. For Denmark it means posting collateral and a rigorous language hurdle that you may find unpalatable. More info here. There are also some protected routes under Article 8.

Given that you have an in-country refusal and two out-of-country refusals in your history, I would recommend not attempting another application until you have one of the above strategies firmly in hand. Although the literature states that each application is a unique event governed on its own merits, a lengthy series of refusals can be an indication that you do not understand the rules. This can create credibility issues in its own right.

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