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I am an Mongolian. I entered Spain in 2011 with a Schengen travel visa which we all needed to get in order to enter any European country. So at first I intentionally overstayed my visa for almost 2 years. Before going back to my home country I went to France hoping not to get caught. But I got caught on the border, stayed in deportation centre of Toulouse and got deported in august of 2013. I got a hearing and stuff and honestly I don't have any documents they gave me before my deportation proceeded. I got a new passport now. And I want to go to Ireland to study of course legally so what I really wish to know are

  1. Is it possible for me to get a visa and re-enter any European countries?
  2. If I were to apply student visa to Ireland should I mention that I got deported once seeing as I got myself new passport?
  3. Or should I mention that I got deported but this time I want to stay legally when I apply for a visa? Hope I was clear about my situation and thank in advance.
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  • Why Ireland in particular? Have you been offered a place? And how will you prove to the Visa Officer that you will abide by the relevant visa rules (eg any restrictions on working), and will leave at the end of your studies?
    – Traveller
    Commented Oct 7, 2018 at 12:59
  • I am interested in English-speaking countries. So one of my considering options was Ireland and based on my situations I wanted to know If I have a chance to move there. Well I'm also considering Canada.
    – Anu
    Commented Oct 15, 2018 at 4:34

1 Answer 1

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  1. If you get a visa, you can re-enter the European Union (or to be more precise, Ireland, this time) if you can convince the border agent that you will not overstay (again).
  2. Application forms for visas typically ask if you ever overstayed. You will have to tick "yes" here, which reduces your chances to get a visa. Don't even think of trying to hide your overstay. It does not matter that you have a new passport. Your overstay is most likely recorded somewhere, and if the visa officer finds out without you having disclosed this, the level of trust in you will even decrease, making it even harder to get a visa.
  3. You must mention the overstay if asked. Mentioning that you want to stay legally this time to the visa officer may sound a bit weird, as they absolutely will take it for granted - you would not apply for a visa otherwise.

On a related note, look up the Irish visa rules on the web to find out if you have a ban. That would require a lift of a ban before you can get a visa. Also, a common step after an overstay is that you hire an immigration lawyer, as after an overstay, everything becomes more complicated. If you got a ban, this is almost unavoidable.

Either way, you should ask yourself how you can prove to the visa officer that an overstay would not happen again. Do you for example have a job in your home country to return to afterwards? You will have a very hard time to convince the visa officer, especially since you have been caught overstaying at a time other than returning to your home country. You wrote that you overstayed intentionally - that is the worst case.

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  • I really appreciate your informations regarding my situations. I met with agencies so they said It's a risk but you can apply see what happens. But I don't want to take risks. Would it cause any problems for me to apply visas other than Schengen area? Canada, US, or any English speaking countries. Thank you.
    – Anu
    Commented Oct 15, 2018 at 4:39
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    @Anu As DCTLib states in the second part of the answer, your immigration history will significantly reduce your chances of getting a visa from any country whose visa application process requires you to disclose your overstay and deportation.
    – Traveller
    Commented Oct 15, 2018 at 6:14

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