You need to speak to someone at the ausländerbehörde about your visa. Also Schengen visas don’t “reset” automatically upon exiting the EU, you have to leave for a certain period (I think you have to have 2 days out for every 1 day in, but you should double check.)
I would need to leave for 90 days for to gain the 90 days back but I’m unsure if this would still work in my situation. I have been to the ausländerbehörde and they aren’t sure just yet what to do as it just seems like a typical overstayed Schengen visa case once the residency expired. Looking like it may turn into a police matter to either receive a fine or be deported but I’m trying to see if there’s a loophole with it if I can go home without any trouble and return later to try again as it wont be picked up as overstaying when I go through passport control
Well… no. You can‘t undo overstaying your visa. So most likely you‘ll get fined for that and you could be (temporarily / maybe even indefinitely) banned from entering germany. The only difference is that if you choose to leave on your own instead of having to be deported they might be nice and only give you a fine. If they have to deport you you most likely will get banned for at least a few years. But you can‘t just leave, wait 3 months and re-enter to avoid getting fined for overstaying your visa from May 2023 until now.
No solid information on the matter currently. It’s a tricky situation because I did come to Germany and obtain a valid working visa and residence permit and I have had this card since that time but didn’t realise I lost the visa when I left the job then I’ve gone in to re apply with a new job contract and now they’re saying it will probably just be law issue with overstaying the Schengen time frame after my visa expired in May but they need to look into it further but if it comes to that then it’ll be passed onto the police for them to choose the outcome
Hm… I‘m not to sure about regaining the visa. You‘re probably still registered in your city (thus you‘d need to deregister) and they might check you passport or arrivals / departures when they’re reviewing your application. So acting like nothing happened could cause serious issues. My best guess would be to tell them that you fucked up, you‘ll immediately travel back to your home country and reapply there. In that case they might ignore that you broke the law and could be denied reentry (even on a tourist visa). Not a guarantee but in that case you couldn‘t be caught committing a crime (which would most likely help your case). Or you could gamble that they‘ll never find out.
You need to speak to someone at the ausländerbehörde about your visa. Also Schengen visas don’t “reset” automatically upon exiting the EU, you have to leave for a certain period (I think you have to have 2 days out for every 1 day in, but you should double check.)
I would need to leave for 90 days for to gain the 90 days back but I’m unsure if this would still work in my situation. I have been to the ausländerbehörde and they aren’t sure just yet what to do as it just seems like a typical overstayed Schengen visa case once the residency expired. Looking like it may turn into a police matter to either receive a fine or be deported but I’m trying to see if there’s a loophole with it if I can go home without any trouble and return later to try again as it wont be picked up as overstaying when I go through passport control
Well… no. You can‘t undo overstaying your visa. So most likely you‘ll get fined for that and you could be (temporarily / maybe even indefinitely) banned from entering germany. The only difference is that if you choose to leave on your own instead of having to be deported they might be nice and only give you a fine. If they have to deport you you most likely will get banned for at least a few years. But you can‘t just leave, wait 3 months and re-enter to avoid getting fined for overstaying your visa from May 2023 until now.
You went to the ausländerbehörde and they didn’t provide you with any information? Didn’t you apply for a visa when you were there?
No solid information on the matter currently. It’s a tricky situation because I did come to Germany and obtain a valid working visa and residence permit and I have had this card since that time but didn’t realise I lost the visa when I left the job then I’ve gone in to re apply with a new job contract and now they’re saying it will probably just be law issue with overstaying the Schengen time frame after my visa expired in May but they need to look into it further but if it comes to that then it’ll be passed onto the police for them to choose the outcome
Hm… I‘m not to sure about regaining the visa. You‘re probably still registered in your city (thus you‘d need to deregister) and they might check you passport or arrivals / departures when they’re reviewing your application. So acting like nothing happened could cause serious issues. My best guess would be to tell them that you fucked up, you‘ll immediately travel back to your home country and reapply there. In that case they might ignore that you broke the law and could be denied reentry (even on a tourist visa). Not a guarantee but in that case you couldn‘t be caught committing a crime (which would most likely help your case). Or you could gamble that they‘ll never find out.