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3 years entry ban to Germany for Indian citizen! - please help

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  • 3 years entry ban to Germany for Indian citizen! - please help

    Earlier this year I had traveled to Munich Germany, for the first time.

    Details of my Schengen Visa were:
    Duration of stay: 60 days
    Start date: 24-01-2015 End date: 08-04-2015
    Visa type: Geschäftsvisum (Schengen)


    Initially I was planned to stay in Germany from 24-01-2015 to 22-03-2015. 2 weeks before my return, due to hectic schedules in project knowledge transfer, my office asked me whether I could stay for a little while longer. I overlooked the fact that it was a 60 days VISA and saw the last date of exit as 08-04-2015 and said "yes" to the office requirement.

    I traveled back on 05-04-2015 from Munich to India via Dubai. At airport the Bundespolizei stopped me for the offense of overstaying. I had filled a formular and paid a fine of EUR 320 to the Federal police. I was aware that I might have to travel again and therefore checked with the officer is this incident will be an issue. He said, I cannot be punished twice for the same offense and since I have paid the fine, I will not be having any problem traveling again.

    In October 2015, my office again applied for my VISA to Consulate in Bangalore, as I am from Kerala. On this Consulate called me to office where I met with the Officer-in-charge. He explained to me that I have been punished by being imposed with an entry ban of 3 years to Germany. I was devastated and realized how my ignorance led me to such a grave situation.

    Consulate gave me sealed Annex 1 to be sent to "Bundesverwaltungsamt, Köln" for obtaining details regarding my case. Within 2 weeks time I received response from Bundesverwaltungsamt. However they could not advise me on "how to lift this long term ban".

    I contacted the Bangalore Consulate through their official page and they responded back stating that I should contact Bundespolizei, Munich Flughafen, as they created this alert in the system. I contacted Officer-in-charge through a phone call and obtained his e-mail ID. As suggested by the officer, I wrote all the details to him. He checked my Case and validated that Federal police is not competent enough to do anything about this. I should be contacting Ausländerbehörde Erding. Or I should contact the embassy with letter stating the whole situation and highlighting the IMPORTANCE of my travel from a business perspective. EMBASSY can exempt me from this and let me travel again to Germany.

    I wrote an e-mail to "Ausländerbehörde Erding" and they responded back stating that I should contact Bundespolizei.

    I also did not receive the decision letter from the Public Prosecutor about the decision made on my case as of 16-06-2015. I have wrote an e-mail to the Public Prosecutor as well. However there has been no response yet.

    I have been doing some research on the topic and realized that 3 year ban is imposed on someone who had committed a criminal felony during the stay. I have not done anything like that in the 71 days of my stay. I understand that overstaying 11 days in a foreign country is itself an offense, however, as per EU Charter of Fundamental rights, Title IV, "Justice", Article 50 states the "Right not to be tried or punished twice for the same offense". I have been in this case punished twice, a) by taking the fine of EUR 320, 2) imposing a 3 years ban.

    I am an IT Project Manager, working for a reputed German Organization. For me these travel opportunities are greater part of my job and my career growth. Now, despite being a law-abiding responsible tax-payer I am being banned to enter Germany. I accept my offense and apologize deeply for this.

    I have been admiring German Culture and language ever since I got to know more about this nation.

    Please, please help me with a way to remove this ban. My office is ready to produce a letter along with my VISA application while applying for Visa next time explaining everything. Kindly approve this request and let me travel to Germany again. It's kind of a lifetime opportunity of a working woman like me. I have come this far based on my hard work and my sincerity. I am aware about the extremely warm and collaborative relationship India and Germany has and would never commit anything against it.

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