What is the possible outcome in this? ANY advice would be greatly appreciated and thanks for sharing, everyones experience keeps us informed What he has been going through has made him already depressed and anxious to extreme degrees. I guess i cant do anything about it now seeings ive already booked my ticket out. Hey Phoe Good question! Is it a for sure that a red flag is gonna pop up when they scan it saying I overstayed the 90 days? I think it is best to speak with an immigration lawyer with a company that is wanting to hire you, and you can discuss from there. As i didnt pay attention to the rules, i stayed 86(instead of a month) days within the 90 days of the validity of the visa. Not even a question about my plans or anything. Hey TJ! Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States. If we decide to be together than according to several organizations that help immigrants, its better that I stay in France, give birth here and then get my French residency as a mother of a child born in France. So my question is, would it be possible to do that? (Her peers advised that she NOT travel/fly through any Schengen country on her way to Croatia, since her Schengen overstay would be revealed. You were lucky an officer let you through last year I do know Americans who have been fined $100 just for overstaying by 1 day. Are the rules on overstaying in Bulgaria just the 1200 Euro Max fine or are there more consequences? So maybe when you come in through UK, stay there for about 90 days, and then youll be clear to be back in Schengen for another 90 days. Hi Lindsey. Of course, there could be issues again when you re-apply for your tourist visa in Poland if there is history of overstaying and banning you from re-entry.They might not want to give you another visa in case you continue to overstay. Im from Brazil so I do not need a schengen visa to enter Europe so this is my situation, I got a VISA D and a residence permit to work in Switzerland for 4 months last year, after this expired I left Switzerland and stayed 90 days within the visa free in Sweden , after this finished I went to the UK for another 90 days and enter again Sweden for other 90 days and finally left to my home country and now waiting another 90 days to go back to Europe through Spain. Hope this helps! You didnt mention your country origin, but your proposed travel plans should work just fine if you are on a basic multi-entry Schengen C type visa. And, If I have to pay, how to pay it? There is a high chance no one will catch it, which is why this is such an odd situation. Immigration Law in the United States of America, Immigration to the United States of America. He didnt take me anywhere or make me sign anything. In any case we need to depart on 20 Oct latest. Hopefully you are not passing through Germany again, just in case. We inquired with them and they told me not to worry about applying for an extension and that I should be fine to stay here until the end of December. I hope everything works out for you smoothly! You could have traveled by car and no one stamped your passport. will do the trick for a quick visit. Please let me know anything I can do, I would appreciate it so much! Hello there! Arrest me? and can you maybe give me a solution? I am American citizen, i entered in potrugal. The idiot in me just assumed that a border guard would never notice that I never got an entry stamp on my new passport and would just allow me to just leave. The 90/180-day rule, which pertains to those entering the area as visitors from third countries whose nationals are exempt from visitor visas (nationals of certain countries may not even enter France without a visa), refers to not spending more than 90 days in any 180-day period in the Schengen area. I overstayed about 9 months. Its best to book your return ticket ahead of time and bring proof to the airport with you, just in case. Othet Sengen countries don't have any idea. Its just that being in a long distance relationship is extremely difficult. I started seeing a girl and fell in love and have now over stayed by nearly 2 months. Hey! Is your visa a tourist or resident visa? Thank you for the answer!!! Or will they know I over stayed and hold it against me? Or tell your work you need a different type of visa if they are sending you over frequently for longer periods. My understanding is the worst the Romanians can do is hit me for $600 and ban me for a year. Just be calm and cool, and make sure you stay out of Shengen for the following 92 days (the added 2 days to make it even). Also do you know how strict the Spanish customs are about an overstay of about 2 weeks? If there were any days, you minus that from your 90 days allowed. I wish you the best of luck and health! Would you recommend I leave from Amsterdam or Barcelona? Please see Germanys policies on visa extensions here. Thanks for the reply, and sorry for the confusion! When i went to the border control to have my passport stamped i was asked by the man why i overstayed and told him that i continued studying a little bit longer then i was suppose to. We would therefore advise UK nationals to direct any queries to the relevant Spanish authority. You wont be arrested if caught but you will most likely be banned from re-entering any Schengen country within the next 3-10 years until you pay that fine (if issued to you). You can use my calculator to do so: http://www.everyoneinbetween.com/schengen-visa-calculator/. Will it make me look less suspicious when re-entering Madrid? But, they let me go and did not pay any fine. Anyway thanja for the help! Thanks! When you go back to UK, youd be entering on a UK tourist visa, so no issues there because UK airports dont care about your Schengen status. Well, it has happened what meant to happen. That is why I am trying to help people avoid this situation by educating on visas available and consequences. Im a Paksitani national with 90day Schengen Visa who came to spain and been overstaying for 3 months now as I lost my passport. Thank you! I am german citizen. The thing is that, I was crossing border 5 times within my current visa exceeding 60 days every last 180 days, out of 5 I was notified last time. (Got married and have 2 kids) I was so scared to meet the police officer at the security checkpoint cus I read all the Schengen visa rules. Hello Lindsey, thank you for the great information you have shared and it is really very grateful that you are almost answering everyone inquiries! Usually this means you need to leave as soon as possible if you have no visa to stay in the country and most importantly you cannot continue to work. In July 2016, the passport control told me: Sorry sir, I cant allow you to go inside, you overstayed by two days (92 days during 180 days), simply, they put me back at the next flight. My sister is getting married in Italy next year and that would be just horrible. Europe is looking for overstays these days brings in the $. If you are in France past the expiry date of your visa or the time you are permitted to stay without a valid excuse, you may face a penalty. I do know a bit of German, so that could be helpful. Shouldnt be a big deal cause it was 2 days and she was leaving. How about teaching English? They helped me so much and i stayed at them 5 hours until they finished my papers !They understand me but the said i have to be punished and he gave me the minimum 6 mnth. If you decide anyway to go to Canada for the holidays, carry all your paperwork in hand showing your December appointment and the pending waiting time of the decision. We had a reader tell us she was fined 600 for overstaying 2 days in Greece. They will always check the SIS but also on the visa form they might ask you your entrance/exit dates from your last trip. Ive been overstaying in Germany for 18 months now without any legal document but my only Passport and finally be leaving soon to my country.What I will do is to just go to the airport and and take the risk whatever it would be as I wont return back to Germany or any Schengen country. I left the area on the 4th of July! Do they banned temporarily (like 1-3 years) or permanently? However, make sure you never have a layover in a non-Schengen zone country (Like Serbia, UK, etc) when flying between Schengen countries. !so he told me that he had a problem w am overstaying in poland since i extend my visa for a week !! Countries like Republic of Ireland, Croatia, UK, Montenegro, etc. The consequences that a British national may face for staying in the EU longer than permitted depend a lot on the country where he/she is caught overstaying, as well as the number of days overstayed. Also to add for those reading this & looking to stay in Germany, its good to know Americans are able to register themselves for a residence permit on entry (longer than 90 day stay). Im very confused with the situation Im in right now. I already in my country now, Im came back through Dsseldorf, the immigration only asking why I overstayed and I gave all the papers for proofing of the timeline what I have done, because in Dutch they didnt understand, they just ask me to explain, after I explained everything they let me go. He should make sure he exits a southern Schengen country he spent the least amount of time in. However if you know you have overstayed, you should be making plans on how you will exit instead of stay longer. Sounds like a blast. Im leaving from France and I had entered in Iceland, and I have lots of in and outs within that time. If you are caught overstaying, this could affect your student visa application for the fall. But I am going to be leaving on the 3rd of November arriving the 4th which (if my math is correct) around 183 days since my original day of arrival. Do you happen to be familiar with the Barcelona airport control? I wish I wouldve found this site when I first got here and didnt listen to the ya embassy because it seems they want to give advice but not follow it up by ensuring nothing will happen. we went to the city today to get a residence permit form. Or is it only if you overstayed 180? Its great being a dual citizen. Clearly, I was ignorant about the system. He had all of the documents and everything lined up untill he made a huge blunder. They just detain to ask questions, or they hold you up right there and ask questions. Please note: The information provided is based upon our understanding of current legislation. I CAN NOT come back to the EU with out first waiting 90 days. As an American, you get 90 days of tourism in Schengen so when you fly back in, the officer would recognize you are no longer using that visa. Ask what to do. Thats how it works! In your experience, will all of this be in jeopardy because of the ten day overstay? If shes leaving voluntarily its highly unlikely shed be You can still try to apply for a short-term visa for Bulgaria. I am Egyptian nationality and I have entered Shengen zone in Netherlands December 10th 2016 and and left 27th January 2017 from Netherlands as well. Cant open a bank account or get an apartment). Is the SIS a global database or does every country have their own? I have got student visa for six month in Spain and I plan to overstay for a month. BUT that doesnt mean you have the right to work in Spain. Im too scared to get on a plane or anything. I think? They then told me I would know by post if the judge will decide if I am guilty of a crime or not. I dont have much money for a lawyer, but I need to do whatever I can to ensure I can finish my project. When you applied, did you tell them your exact travel dates? It is possible that the officer wrote something down without your knowledge, but no need to jump the gun on that. Hello, I travel to EU a lot, I remember in July 2016, I took a plane from Dubai to Geneva and the border guy in Geneva told me: sorry sir I cant allow you to enter Switzerland, youve exceeded your limits by 2 days!! Have you thought about leaving from a non-Schengen countryas long as you dont have a layover again in Schengen! Hello there! I have all the paper that the city hall sent while waiting. By this time I had stayed 4 months. Hey Lyndsey //Lindsey. I am all about travel photos and helping people live in the countries they love. Hey Ali! Like I said, this doesnt mean he wont get caught, but borders can be a bit relaxed due to high tourism. No matter, as they are both Schengen which is borderless. But I am afraid, bcz they collect my address from me by written and they tell me to sent something to my home. I played dumb. The last thing is, I have Turkish pass. I feel like there are not enough people sharing their stories of being caught! Dont do it because nothing is worth that. They saw the immigration authorities twice, petitioning for residence on basis of family reunification, but they make them go through hell.. they require a stamp on many documents the authority need.. Happy travels! I have been here, just for fun and visits with friends, for almost 6 months now. And of course, next time be careful Safe travels! It is a good thing that border control never said anything to you when you left, but they might have it on record of the entry and exits which could cause an issue when your family tries to re-apply for a short stay tourist schengen visa. In 2015 I was granted a marriage visa to Switzerland from January to May. Is it possible to leave without getting a stamp. Was that at the same time as your NIE? I entered the Schengen Area on April 23rd, left for about six weeks to the U.S and UK on May 15th (22 days in Schengen so far), then entered from the Schengen area again on June 29th and plan to leave out of Berlin on September 26th (an additional 90 days). A non-EU national who stays in the Schengen region for more than 90 days (without a residence permit or long-stay visa) is in the region illegally and may face a re-entry ban. Hello Lindsey, Im in the Air Force stationed in Germany. She was thrown in jail and ended up having to pay a 500 euro fine. I have a piece of paper stating I should leave by latest, the 14th that I can show if I need to. Sorry for the delay. Any advice is appreciated, and thank you! I travelled in Schengen in April for 24 days, then returned to England to finish my studying. But The student visa never counted as residence but only as a long term stay, so it doesnt help in anyway to apply for residency no matter how many years you live here. My advice is he needs to leave as soon as possible and not overstay longer on his exit, he may get questioned, fined, or banned but most likely, none of that will happen and the real issue will occur when he tries to reapply for a visa and they see he has overstayed. An urgent response from an authentic source is most welcome. I can't imagine complicating a trip with going into and out of Schengen so much that I had to worry about this issue. Since passports are scanned on entry and exit to the EU, overstaying is easily detected. I left from Barcelona in Sept. 2018 without issue. But maybe since Im leaving from Barcelona Ill be okay?? What are my chances of getting out of here? So my suggestion is to get a direct flight from Poland > U.S./non-Schengen country, and if Polish border police stop you, just say you are under the bilateral and make sure you have proof of exit/entrance to a non-schengen country every 90 days. This content is password protected. Should I go to Germany and see what I can do from there? I am from the US and previously stayed in Germany visiting my long term boyfriend (who is a permanent resident) beginning the 5th of may, I left Germany on the 2nd of august which is exactly 90 days but due to my layover flights I wasnt able to leave Iceland until the 3rd of august where they stamped my passport which is technically 91 days and an overstay of my visa even though no one said anything about it or caused me trouble over it. There is no general requirement to enter through the country that issued the visa, but some countries are more strict than others. I dont think anything will happen to you at the airport, but France is a bit strict these days so you never know. Whats up, Reggie! Hi! The first Visa obviously has no issues but the second one I missed my flight to Italy and because of my appointment in Spain I have to travel straight to Spain. Best of luck! My family and I have been stuck in Europe due to Covid and are trying to work out what our next step is. I have written about this issue on my Top Questions about Schengen Visa Overstay under Situation E. The validity of your visa has nothing to do with your allowed days. If you say you moved to Sweden, that means you have a Swedish residence visa. Anyway, wish me luck on my way back home I just want to go back to my Boston . Just because you married a citizen of that country doesnt automatically grant you the right to live and work there. I have a quick question. Well Im happy to say we just passed through immigration, I was questioned about my length of stay in Schengen, and I had a printout of proof when I left, dates and days in between. Because if you dont apply for the visa, you cannot stay after your 90 days are up even if you are married. Is it for business or vacation? In the study, first reported by the Irish Times, respondents were asked the hypothetical question: Imagine there were a referendum in [your country] tomorrow about membership of the European Union. Hope this helped! All the best! I was a student for 4 years and this year, I have been working. Will he be asked to leave the country or he be allowed to stay since he applied later but cant work, use services or whatever. Enjoy your travels! i wonder will be denied. My girlfriend from serbia overstayed in romania 7 days and we got a fine because of it [100eu]. I am a Canadian. On the surface it seems the same 90 day rule is in effect, but Ive heard conflicting stories as to whether or not is as simple as 90 days on/ 90 days off. Save. can be disconcerting? It is now October, The best countries to leave from are usually Italy or Spain. Hello: Unforunatly I have a diffrent story. Question about the transition from a student visa to a tourist visa. Im embarrassed to say that we thought the 90-day rule meant he would have to exit the Schengen area briefly and then be able to re-enter for another 3 months. What can I do?? If your duration of stays is 10 days within a valid period of 24 days, you can only stay 10 days. You count the days days the moment you go through border control in a Schengen country and ends when you exit a Schengen country. Thanks a lot for your prompt response. My goal was always to figure out a legal way to live in the countries I loved that is why I now help people find alternative LEGAL routes to live in Europe. When applying for a long-term visa, usually it is asked on the visa form your last time in the country youre applying for, etc. Since, i have valid contract with employer who is ready to sponser my work visa & ready to give me job, Polish immigration here in warsaw accept my application & my application is still on process. Hi , I overstayed my visa in Italy for about 6 months. They cannot detain you or stop you from leaving. So this website can function correctly please whitelist The Local with your adblocker, antivirus software or browser add on. I have C-type business multi-entry visa valid from July 3, 2018 until January 2, 2019 with duration of stay 60 days. I believe in this situation, they might give you information that your child will need to apply for dual citizenship (Greek or Irish) for future returns. I was ignorant of the laws that govern the Schengen states and thats completely my fault. My name is Alberto and I have been studying at a performing art school in Spain for the past 3 years. Hey Sue Thanks for taking the time to write in. Thanks for writing in. I am a US citizen and have overstayed my visa in Spain by about 7 months. So how much time will this last! Please note! Some advice, go to a male guard if you can , Hi Lindsay, In 2017 I went Spain with 15 days tourist visa only, but during that time, one of my friend asked me to stay in Portugal with legal entry and arranging a work contract for me. The cbp officer merged my passports (the dates) so I have the overstay, can you help me please? Duration 90 days. My visa says duration of stay: 110 days which, starting from the date of my entry, expires on 28th April 2018. I do not have a student visa, but I was a student in France last year with a student visa. I am an American who will be overstaying my schengen visa by about a month. She waited for it in Europe even though she had to do it in our home country because as a marriage we didnt wanted to be separated and we were confident that after a few months, the decision would have been positive. There are always consequences for overstaying in a country. You definitly cannot live in Spain on a German visa, just like people from other countries cannot just pick up and move to the U.S. without paper work. We would like to get married however the issue is that my Spanish Visa has expired. It will be up to them if they want to sanction you for overstaying by 1 month, or just let you go that is IF you get questioned. The common rule 90/180-day period (what we talk about in this blog) does not apply in this case. Also- I want to come back.. in 3 months. Do you know anybody who has done this or in this similar situation as me? Hi Lindsey! With all of these assurances, Sarahs plan is to stay in Portugal until early November, and then leave for Split, Croatia (non-Schengen), to stay/travel there a bit before coming back to the US. However, even if you manage to avoid them, your passport will be tagged with an overstay alert making it more challenging for you to return to the EU. The stamp doesnt show anything else; it was a weak stamp; not much ink. The (Schengen/non-EU) description following Norway was only in reference to Norway, as the layover there is what Im wondering about, specifically regarding whether or not Ill have to pass through security again when changing terminals. I have a pakistani passport I stayed in Prague Left from Denmark, no questions or problems there either. What a SITUATION, right? My question is this: I am a doctoral student, and my stays in Greece have been to conduct research and do volunteer work in conjunction with that, so my biggest concern is what problems I am likeliest to encounter on future trips, because these trips involve my dissertation research. I am a Palestine national, living in Saudi Arabia and was issued a 10 days tourist Italian visa (not schengen) and planning to visit various city at Italy this coming July 2018 with my family. I think something to keep in mind, is if your 3-month extension was for touristic purposes? , Hi Lindsey, I am so lucky to chance upon your blog and it was indeed optimistic and an eye opener for me! The validity of the visa just means if you had decided to come at a later date, that between the day the visa was issued, and the day it expires, you ONLY can stay 110 days in that period of time. How many Americans have you heard of actually getting banned from the EU for overstaying? Thanks Lindsey, for your fast reply, ok may I have another question since I was on c visa its 90/180 days and thats why I was overstay anyway when I would apply for a national D visa 180/365 do they count the 365 days and the 180 days just for the D type or both c and d i hope you understand what I mean but since I was in Poland overstay anyway if they count my visa c time inside the new day visa it would be act actual useless or they totally different type of days they wont count both as one, As a Schengen D visa holder, you will be entitled to stay in the territory of Poland throughout the entire period of the Visa validity and move within the territory of other states of Schengen zone, but not for more than three months within a 180-day period. I think he will be fine but he will absolutly need to stay out of Schengen for 90 days. thank you so much Lindsey. Do you know what will happen to me? Hey Nick, I am also under the impression that Americans can re-enter on a tourist visa. To be honest, I would check with the American Embassy to see if you are able to return to Spain on a 90-day tourist visa right after your 6-month student visa expires. The thing iswere you forced to stay inside NL because everything was closed? You can also use my Schengen Calculator to help: Hello Lindsey, Thank You for taking the time to reply to all the messages. Thanks for the kind words, Sue! Hi Cheryl I replied to you via email! I am on a work permit and residence permit in Germany that expires on a Friday. You should probably speak with whoever granted you the visa and explain to them the issue. what a day, I went to the investigation room, after that, they put me back to the next flight to Dubai, no good at all. Best of luck. I think youll be fine, only because of your citizenship could allow you to get away with it. You should apply for an extension before you leave for your trip. Thats definitly a great option for those in your position, and I wish you luck when applying. anyway, i ended up speaking with the Hungarian Embassy in London and they, like you, said i had no problem leaving Hungary after 4 months of stay but it is still unknown what the correct procedure is for an eu citizen staying there longer than 90 days, at least just as a tourist anyway!! If the Swiss Embassy is suggesting to go through VFS Global, you should get in contact with VFS to start your application process. I planned to go home to the U.S. just before Thanksgiving in November, and as I am talking with my friends about my exit plans, Ive learned a bout this Schengen rule! Buy the one way ticket, arrive at the airport 3 hours early, be prepared for a visit to the immigration offices on your way out, where you may be banned from re-entering Schengen for up to 3 years. Germany is not planning to stop its endeavours to make the immigration system beneficial for the country and its Copyright 2013 - 2021 SchengenVisaInfo.com. Check the EU Period of Stay Calculator for British Citizens to find out how long you can stay in the EU. Hi Victoria! Also relevantly, I had to replace my passport about 6 weeks ago, so what I have is clean (like 4 stamps two of which are to and from Boston about 4 weeks ago). You exceed your visa-free stay when you are staying in the Schengen area for more than 90 days within a period of 180 days. thanks for the reply. I have a few questions and I really hope you can help me. The following letter was from a reader who wanted to share her experience of overstaying a tourist visa in Spain. Thank you for your reply.. (Note: Im American, not sure if you are/if your country has different rules. This is true, which is why so many people escape. I have overstayed my 90 day tourist allotment in Spain by about 35 days. Thanks for writing in. Hey Lor! Hey Sam Thanks a lot for checking back! Went through no problem in Iceland. During this time he has a new passport from Consulat. But when you fly direct Greece Denmark, you do not exit Schengen or go through passport control anywhere. I think youll be just fine on exit since youre Canadian (sad to say, but where youre from can definitely be taken into consideration). If there is a place on the form to explain what happened, I would explain exactly what you wrote here about the flight being cancelled. When we passed through passport control on the way out of Schiphol I was caught. I think you should be okay due to your citizenship and since you are on your way out of Schengen and it was only a couple days. . . Americans can get away with overstaying a couple days because their visas are not ones you have to apply for. Hi Lindsey, I am not sure where to pay the fine, but you can try calling the airport or the Hellenic Police for more info. If I come back on a tourist visa will I be denied entry? According to them, Bilateral takes 1st place, so as long as you abide by those guidelines in theoryYou should be ok leaving, pending you dont layover in another Schengen country. I am not sure why you are not receiving them. Hello, I am interested by this sentence: Man, if you just went to Morocco prior to the expiration of your student visa you could have returned and got a fresh 90 out of 180 day tourist visa. Does that mean if you leave the schengen zone your 90 out of 180 days re-news itself? 2.- If I go to UK, could I be deported or my entrence denied for overstaying in the Schengen zone? Obviously my new passport doesnt have an entry stamp nor the visa sticker. what should he do to avoid any problems (Fines, Jail, etc.). Most cases they will let her through and give a warning. And because I was scared to leave home for Christmas and not being allowed back I stayed in Spain. You need a visa for any courses that are longer than 90 days. I am continuing to travel around mostly by car with my boyfriend, who is an Austrian citizen. Hi Lindsey, hope you doing well. Otherwise, you should call the Portugal Embassy in the U.S. to ask about this officially: http://portugal.usembassy.gov/. Its really well written and nice anyway. I know the consequences range (with cruel randomness, I read) from nothing at all to a fine of 1200 euros and a re-entry ban of one year to life. I think you should leave from Italy since you are always stamped from Spain. Should I leave out of a different country than Germany/France, and if so which ones are my best options? I would recommend keeping your length of stays inside Europe less if you are traveling so frequently for work. Hey Matthew if you can avoid overstaying, you should. And at the boarder they never told me anything about the rules or system. My NIE expired may 31. Just so you know, Croatia is not a Schengen country, but as of 2013, they are EU so you should be fine. i begged and begged to him to not do this but nothing worked. Type :C Im unable to get a working visa in Canada because the wait time is way too long and I already have my ticket to fly there. ??? Letter from Laura about overstaying visa in Spain: I do not have a question as such, just wanted to briefly tell you my experience of overstaying. You have to understand a countrys main concern for people who overstay is that they are illegally working/living without paying taxes, or getting benefits without being in the system. Please advise me! 2: This is a bit more complicated, since I have never dealt with this scenerio. Any suggestions and guidance will be greatly appreciated. My question is will their be a passport check within Vienna and Bilbao, or a border check? Would I be able to leave for a few days and return in October? None of us really know what is to happen after all of this, so thank you for letting us know what the US Embassy said in Romania. Youre helping people who are in really bad situations and thats a rare and greatly appreciated thing. Hope youre having a blast! Travel has been heavily restricted around most of the globe for the past year, so has this led to any relaxation of the rules in Spain in terms of length of stay for non-EU nationals such as for unregistered Britons? You can search on bootsnall.com. I would make 100% sure you have no entry stamps anywhere from your Christmas trip in Schengen. Unless, you happen to be some countries named Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. Will they see on my passport that I overstayed my last tourist visa and deny me entry/ban me? I told him Hello, I came to Germany legally, had an ongoing court procedure while my visa expired. Hi Shamim, you cannot change your tourist visa into a work visa while in the country. a student in Germany. My flight is from Schipol but passes through Iceland, which means the customs control would be there I suppose. I was planning to travel for 3 weeks after I complete my study. So, for my readers, it is correct that you can enter Montenegro if you have a valid U.S. visa? I don't think that Sally got the answers she wanted here and is probably looking elsewhere. the officer scolded me why i overstayed for almost 2 yrs, i didnt saw him scan my passport and he got out from the boot because i presumed that his work time has finished and talked to me at the corner and asked me why, i told him i was from norway because my aupair permit in passport is that from norway, he told me that we should send you back to norway and face jail time, then after a few minutes he gave me my passport and told me that okay this is just a warning so go on your way now and i dont have more time, i must go now too. He decided to try to apply for an extension through the Commune with a letter from the program. If they say something is the case, then it probably is, and they told me that two offices in the Romanian government gave them this information. 4 months is too long to be considered a mistake. He wouldnt go to jail, but being fined or banned is the risk everyone takes for overstaying. It has been almost a year and I ve never got the letter, Ive even sent a couple of letters to the German police to get my SIS status, once directly to the police address,other to my german boyfriend so he could send the letter to the police and they never reply. I was told by my employer that it would be processed in time for my trip to London for Christmas break. More power to you. If you decide to come back on a tourist visa and you are already married to a Belgian citizen within eight days of arrival in Belgium, you will need to register at your local Belgian town hall in order to be issued with a residence permit (F card). The thing is, no one wants to actually overstay their visa, so it is important to think about realistic options and eventually leaving before racking up too much overstayed time. It would be very useful but Im aware its a risk. Im from Egypt and i had last year a schengen Visa with duration of stay of a month within the validity visa which is 3 months. If so then how long? Then expecting questioning in England I again got nothing! When they say that you are banned they generally mean it. Less than 2 years 2 million - 4 million. My studies will end this October and I want to get back home to Macau, I just want to prepare myself for the situation most likely to happen when I go through the immigration at the airport.. Hey Jo thats rough. uk border agency inspects your passport when you return( at Calais ) if uk border agency asks you tell them , you left the uk for a day trip.no one will know when you leave the uk and enter France . Ive read on this site that you dont know of people being denied re-entry on a tourist visa but that doesnt mean those cases have not occurred. However, if you are leaving France (and Schengen), it is way better to be on the way out of the country (as opposed to being caught by police while still living in the country). Here is the deal if you dont pay the fine, youre basically banned from all Schengen countries until you do. If it is denied, you need to then leave, and bring that paperwork with you on exit. Abide by it or face the consequences. I told you to be careful when going through Germany! Spain tends to have a more lenient control in general. If you dont re-enter on a tourist visa, you are technically traveling on an expired student visa. can you please advice what should I do.). If I have to pay a fee I will, but how long of a travel ban am I looking at? Best of luck and happy holidays! The other was caught when changing planes in Zurich. 2.The border should know I over stay in Schengan more than 90 days, does it mean I already had bad record in my passport? But, the current situation is, he cant speak or discuss this to anyone because he is super nervous and something he is afraid of. I am an Indian currently travelign through the Schengen area. Just dont overstay in Schengen! I say IF. My partner is a Polish national who has been working in Spain for 1 year. She has the right to contact the German embassy in her home country and ask if she has been added to the Schengen Information System due to this issue. they didnt answer my question when my next trip will be available. I re entered U.K in July 2018 and I am planning to leave by this month end, Oct 30th to be precise. Otherwise, it is difficult to believe the situation if there is no proof of illness and the inability to travel. Thank you!!! They are a lot more observant. I really need your advice! Hi Lindsey Also, you said you had to stay out of Schengen for 7 months this is not true. Nina, Hello! In the future try not to purchase tickets until youre SURE the paperwork is finishedand make sure your employee is sensitive to your own legality. This all just recently dawned on me, Im not even sure how I will be able to leave here if I cant afford a last minute ticket. Thanks Lindsey, yes I have now recovered and be fit to travel on 12 Oct. From past experience of your members who have shared with you, what could be the consequence in cases such as mine. Just be very careful next time and understand the rules of your visas! Or can I use the two weeks (or even just a few days) remaining out of the 90 to travel a bit before flying back? I am in Prague. As long as you are just hanging out and not working in that country without a tax number, taking government assistance money, or taking from that countrys health system, I dont think there is much law for it. As long as she tries to get a direct flight out of Portugal, she runs a lower risk of being caught. Thanks for writing in with your issue. Thanks for sharing. Also, please note that a German residence visa does not grant you permission to live in Italy. I hope you have a few minutes to help me with a few questions I have for you. Anyway, I flew in Portugal for my Master studies in 2017, my visa expired January 2018 (Im holding a Philippine passport). Any stays beyond the 90 days in any 180-day period will be dependent on the applicable visas and immigration rules for Spain. Will they face any troubles in Prague airport while leaving? Hello Lindsey, Awesome Site!! You could get caught at the airport then you will have a BIG problems. I was deported from Denmark on February/2017 and banned from schengen area for 6 years. Was the visa a multi-entry visa within a period of time, or just single entry? You can apply here for the Visit Visa (Tourism). Wanted to share my experience leaving the EU as an American after an overstay. Also I dont ever remember my passport being scanned or my passport number being typed into a system when I entered through Spain both times and me and my wife were both over 90 days and didnt even wait 90 days and they stamped us both back in. You basically only need to be out of Schengen 3 months, and you can return again. Reading this was helpful! Its a mess out there with information! Your email address will not be published. Best of luck! Can I trav back on business visa. I came to Spain in September of 2016 (entered Schengen via Portugal), to live with my fiancee (shes Spanish). I then flew to Croatia on June 26th and stayed there until July 10th when I took a ferry to Italy. They have entered last year on tourist visa and tried to extend their stay but failed. Can I pay some fine and clear the over stay issues?.. So I left. I explained that we did a mistake that we thought I could stay for 6 months. Will I have any problems if I try to leave or will you recommend flying out from another country? When I came back to the UAE, they checked the visa in my old passport and stamped the new passport. when i was exiting to return to Dubai from EU i exit from Spain and i didnt have any problem when i was exiting and i didnt pay any fine just got stamp on my passport of date when i exit You should be fine! Thanks, Lindsey! We are so happy! The man with a bad face put the stamp but cut the part where it said in which airport had been. I was also told it was fine to stay in Spain up to two weeks past June 30th which is why I left July 12th. Countries are also within their rights to impose a ban on re-entry for those who have broken the 90-day limit. I have been traveling a lot for work this year, and it appears that I overstayed 2 days on a previous visit. Are there any way out. Your information has now been added to the SIS system which is looked at when you apply for visas. Serious offenses are punishable by a fine ranging from 501 to 10,000 euros. Every year I apply for France and they give me 90days available during 1 years You cannot arrive in the EU and then apply for a visa as a way to extend your stay. If you need to get a new passport, its best to get it before you apply for the Pareja de Hecho (because it might get put into the passport). I have the marriage certificate with me and plan to leave for at least 90 days at the end of the month. I am here for 10 months to study and have applied with Spanish Immigration for an extended stay, but this will take four to six months to process. My friends travel on the same date in was supposed to travel in !! I just wanted to ask if you have idea about my case, I have 1 year multiple entry schengen visa which was issued last nov 2018, and will expire this nov 2019. WebThe amount of Fine for overstaying visa in Turkey applied on the foreigner varies from one foreigner to another according to his citizenship, the cause of his overstay. The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. Single entry or multi? She was asked to leave, which is a nice way of immigration to say if you do not want to get deported, please remove yourself from our country by XXX date. When she leaves, she may be stopped by the border police and given a fine or a ban from returning. As ever though, decisions on border issues remain with national governments within the EU. The options I can afford right now are:1) Fly out of Tegel to NYC as planned- Risks as outlined above. Im a Portuguese resident married to a non EU citizen who is currently visiting me in Lisbon. Whats more than likely going to happen? Dear Lindsay, Great that I found this article. In September I left Switzerland and made a stop at the airport in Frankfurt (Germany) the agent interrogated me and asked for my stay permit, since he had noticed that I stayed for 6 months. Sorry if youve already answered this but I read through many of the posted questions and could not find the answer. Different Schengen countries have different fines. My opinion is if they did not ban you, then you have every right to enter again (just be very careful to make sure you are within the 90/180 rule on tourist visa in the future). As an expatriate living in Spain; do you find that the Spanish bureaucratic system I saw on a calculator that my 180 days started a month before my original travels, which would mean the 180 period starts again in a few weeks. its stressing me out so much I cant even focus on my thesis well. They might ask for proof, however (hotels, receipts, or just an itinerary.) Can they just ask for money or they can ban me from EU for 1-3 y?i can show them that i played here legally basket and i was on the university too.. Hey Mitar, if you are in France playing Basketball for an EU team, they should be providing you with a visa that covers all your games and practices. If that is the case, you cannot spend more time in Spain. But however topsy-turvy the world has become, there are still limits on how long certain groups can stay in the country. Id contact your school and ask for some more information. In the meantime, my current situation is that I am a Singaporean and have just arrived in Germany together with my German boyfriend of 4 years on 09/Jan/2019. Thanks for writing in a lot of people think if they get married while on their tourist visa to an EU citizen, they can automatically stay legally (so I appreciate your story proving otherwise). I never knew new that I have to first travel to Italy before I could travel to Spain or any schengen countries. So maybe speak with the Slovakian immigration board on this. Hii Lindsey, I came to France with tourists visa and was stated multi, for 3 months i have to stay 1 month each in 3 months but Ive stayed more than one month, now am in sweden and will be going back to Turkey where i have permanent stay, is there going to be a problem at the airport while leaving back to Turkey? This can give you an indication if they say you need to leave before your tourist visa expires or you can stay as long as the visa is in the process But, I am afraid since you are already on an expired visa, you probably should just get out while its still tourist season and you go more undetected. Is this situation likely to affect her ability to get a longterm visa or to return to Spain? Just proceed with caution and have your exit plans of Schengen ready to show border police. I am worried that if they reject my permit application what can I do .. Do if I get a work offer from some other firms and able to apply for a short visa from french consulate ?? Unless I know the exact dates for everything, I cant properly calculate for you but the rule is 90 days IN Schengen nonconsecutive and then 90 days OUT of Schengen within 180 days. I am working again in Austria in Summer but my company (which is Austrian) has not yet obtained the new visa as it can be difficult. Hi, Im in Spain and working on nationality based on the new law passed 2015 for Sephardic people. It doesnt matter where you wait for your decision for your visa to Sweden, as long as you do not enter Sweden while your visa is processing. . Any thoughts or suggestions? Thanks for writing in. As of now my boyfriend has no work yet so his mom will be my sponsor going there as she has job and own a house there. Copyrights & copy; 2020 Everyone In Between. Hi Celina! Ive also been to Austria in the last 180 days so would that trip already give me the Schengen visa? Do you overall have any advice on what else I can do? The processes of truth-seeking still exist, and I would argue that theyre still effective. now its over (2011 2016) So there is a certain level of chance to it. If they are forced to do so, by an act of godso technically, you needed to apply for a visa extension (prolongation de visa) before your tourist visa expired. Starting from July 08, 2018 within my current visa I stayed in total for 43 days. Also my wife got an acceptance letter from a German university to procude her master degree just yesterday! . However, you should probably contact your student abroad center or even the American consulate for an exact answer. It is your responsibility to abide by the laws of the countries you are visiting. I entered schengen through the country that delivered me the visa and exit through another schengen country. Great article and replies to all the comments! My ticket has two stops , one in Frankfort and the other one in Portugal, my question is: if I pay the fine in Greece and I make the other stops, are those countries are going to fine me or stop me? Also, you can visit my friends over at Expatica for information about opening a business in Spain. I asked from Spains police and they told me that i dont have problem in Spain to leave but they wasnt sure about Germany. We have given all the documents for marriage in town hall and they proved them already. Im in a bit of a pickle. @Mike you said the man told me that i wasnt alowwed back into spain for 5 years. Hey Nella! Hey Sam! There will definitely be issues in your travel future due to this, however, you did pay the fine and I am assuming you did not receive a further ban? We are traveling with two young kids, both holding US passports so visa is not an issue for them. I and my fiancee want to get married in Germany. When Spain went into full lockdown in March 2020 and it allowed thousands of third-country nationals who were unable to return home due to international travel bans to remain in Spain, it did force those who spent more than 183 days in Spain to become fiscal residents and to start paying taxes here. She needs to stay out of Portugal for 90 days. Well here we are 10 days before I leave and my work visa is not complete and I have overstayed my tourist visa for the schengen zone. So now we are in Spain with our 2 dogs, a great house and a car with German plates and I have no idea how to resolve this situation. Epic. But, i was wrong and i got stopped by Immigration officer. Hey Martin! If you are returning on a long-term visa, they cannot tag you for overstaying previously. I came to visit him this summer, entered and exited Europe in different places (went to Uk for a week), my last entry to the EU was via Lisbon. Any info appreciated Thanks in advance, Hi Chloe, you hadnt said your citizenship, but this might be a problem because of your illegal status. Thank you in advance for your advice! Unfortunately I was unsuccessful in finding any jobs and Ive decided to apply for the student visa to learn the German language. I found your blog to be very helpful for me. This is a very informative thread. Companies will still have to go through the same process to bring you to Europe even if you are in India, so you will have to go home eventually because they need to send for you. My mistake was leaving out of Germany and not Denmark( I originally bought my ticket as a round trip in January). No, your son cannot fly to Dublin and immediately fly back. Do you know is Iceland lax? Im a student in Germany and had a German residence permit, which expired in Oct. 2017. Thats a good point about visa applications. Here is how the typical law works: All Schengen countries calculate nonconsecutive days IN within an 180 period. What do you think about my situation? Spain is one of my favorite countries, so I dont blame you for trying every trick in the book to stay there. Having this documented to show to any border guards will help. Quick question , can i visit to Hungary ? Feel free to email me privately if you want. I have 2 year visa with 9o days entry and my family only had 15 days visa of Netherlands and my family overstayed approx. The length of the entry ban depends on why the entry ban was imposed on you. Best of luck! If you are an EU citizen with an EU passport, none of this applies to you personally. Residence permits and long-stay visas are subject to different rules and the above explanations and calculations do not apply to them. but I am not sure if the 90 days start to count automatically. thanks again for your advice before. Duration But its not that easy or stress-free to go through that process. Hello! I just returned home (NYC) after mistakenly (I think) overstaying for ~1.5 months. Happy travels! With Croatia not in the Schengen zone, the rules do not apply so you could stay in non-schengen countries for 3 months if youd like. Q: I have had an investor visa with residence in 2014. I just got a job and dont want to have to decline it! Anyway, for your current situation, it depends if you are allowed to leave the country while your visa is processing. I *never* would have risked this for an overstay, it was just an ignorant mistake (I visited a friend in Switzerland on the way to Greece & equated Schengen with EU, so didnt think it counted). should i leave from italy, or another country? I say apply for it and hope for the best! Also ask yourself what your reason is for coming and going so often to France? 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