I am an Indian national writing to request a consultation regarding my application for a Slovakia long-term work visa (Employee Card). My situation is complex due to a past immigration issue in the United Kingdom, and I am seeking professional legal advice.
Case Summary:
• UK Entry Date: September 18, 2023, on a student visa for Newcastle University.
• UK BRP Expiration: December 31, 2024.
• Reason for Overstay: Due to personal and family difficulties that led to a period of severe depression, I was unable to continue my studies and was not enrolled at the university. This resulted in my legal status expiring before my BRP. Misunderstood my BRP VAILD date 13/12/2024
• UK Departure Date: February 19, 2025. I left the UK voluntarily and at my own expense. I was not deported.
• Current Status: I have returned to India and have obtained a new passport, but I will be including my old passport with my visa application to show all my travel history.
I looking for work permit Slovakia
I would like to understand the legal implications of my UK overstay on my Slovakia visa application and how best to present my case to the Slovakia authorities. I have drafted an explanation letter detailing the personal circumstances that led to my situation and have supporting documents, including my voluntary departure flight ticket and a UK Police Clearance Certificate showing no criminal record.
I have an Indian police clearance certificate that’s also no trace. 3months back I got the pcc
I am prepared to be completely transparent with the authorities and am seeking your firm's expertise to maximize my chances of a successful
Thank you for your time and consideration.
Sincerely,
Parthiban
Lawyer Answers
mohammad mehdi ghanbari
Based on the information you have provided, it is important to understand that your past immigration overstay in the United Kingdom can have significant legal implications for your Slovak long-term work visa application. Slovak authorities, like those in other Schengen Area countries, treat immigration compliance very seriously, and a previous overstay is a considerable red flag.
The Schengen Information System and Immigration History
Your UK overstay, even though it occurred outside the Schengen Area, is a critical part of your immigration history that will be scrutinized. The Schengen Area uses the Schengen Information System (SIS), a large-scale database that allows member states to share information for security and border management. While your UK overstay might not automatically create an alert in the SIS, your travel record will be carefully examined during the visa application process.
Starting in mid-2025, the new European Travel Information and Authorization System (ETIAS) and the Entry/Exit System (EES) will be implemented. These systems will electronically log the entry and exit of non-EU travelers, making it easier to detect overstays. A history of violating immigration rules in one country is a significant concern for another, as it raises doubts about your intention to comply with visa regulations in the future.
Potential Consequences for Your Slovak Visa
A past overstay can be grounds for a visa refusal. Immigration officials may view it as a sign of unreliability and a risk of illegal immigration. The consequences of overstaying within the Schengen Zone itself can include hefty fines, an entry ban for up to five years, and immediate deportation. Although your overstay was in the UK, the principle remains the same: a failure to adhere to immigration laws is a serious matter.
Recommended Strategy
Your proactive and transparent approach is the correct course of action. Attempting to conceal the overstay would almost certainly result in a refusal and could lead to more severe penalties, such as a long-term ban, if discovered.
Key strengths of your case:
Voluntary Departure: The fact that you left the UK voluntarily and at your own expense, without being deported, is a significant mitigating factor.
Hello, good morning
No Criminal Record: Your clean police clearance certificates from both the UK and India demonstrate that your overstay was an immigration issue and not related to criminal activity.
Transparency: Your willingness to provide a full travel history and an explanation letter shows good faith.
To strengthen your application, your explanation letter should be:
Detailed and Sincere: Clearly and honestly explain the personal and family difficulties that led to your depression and inability to continue your studies. Express remorse for the overstay.
Factual: Stick to the facts and avoid making excuses. Acknowledge the mistake and emphasize your intention to fully comply with all Slovak immigration laws.
Supported by Evidence: Include the supporting documents you have gathered, such as the flight ticket confirming your voluntary departure.
While your situation is complex, a well-prepared application that directly addresses the overstay provides the best opportunity for a successful outcome. Seeking professional legal advice from a lawyer specializing in Slovak immigration is a critical step to navigate this process effectively.
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