Im not concerned about getting back into Europe any time soon, or the potential fine, my concern is getting a black mark on my passport that may cause New Zealand officials to turn me away when i get there, even though I have a NZ Visa. 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. When we passed through passport control on the way out of Schiphol I was caught. I came to Spain as a tourist visa 90 days but I had overstayed after staying 45days I got residence permit. My daughter is from Australia but is currently in Lithuania & has overstayed the 90 days by about 7 weeks. It's understandable human nature, imo, to try every angle. I had some Indian parents of a friend overstay because they confused their visas expiration date and thought they could stay until that date instead of the 90 days granted on their visa. i took my flight and got a layover in istanbul and didnt had any problem there too. This would be for taxes and health care benefit reasons. However, if you are there right now on an expired visa, they might not grant you a new tourist visa and might tell you to leave right away and reapply from your home country. If you leave to the UK, you need to still stay out of Spain for about 90 days. In any case we need to depart on 20 Oct latest. However, if you do not have the visa being processed and just paperwork is being filled, you might need to leave to make sure you do not overstay a tourist visa. But everything getting longer then I expected. I know of two cases. Also ask yourself what your reason is for coming and going so often to France? Britons travelling to France should understand the the Schengen area's rules and be proactive in showing proof of residency to avoid 198 fine. No computer system with the passport. I am a resident of hamburg and I sponsored my mother in law to enter Germany for 90 days. Switzerland is very strict with visas, and the visa is put into place exactly for the reason of controlling how long people are within their country/region. On 31 Oct 17, I visited France for 3 months and I left on 31 Jan 18. Now she has to return to Moscow but we are afraid of what might happen. 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. Ive been scrolling thru the comments to see if I could a similar situation as mine but so many comments that i figured Id straight up ask you. A visa is set into place to tell a person how long they are allowed to be within a country/Schengen. Your punishment from overstaying could be denied a future visa, or a ban from all Schengen countries. I was also thinking of flying Greece to France/Denmark because they have some agreements with the US, but dont know if my passport would be checked when flying to there; once Im in the other country though, I should be good. Neo-authoritarianism isnt only real, its trendy. In 2016, I was traveling like mad to Geneva for work purposes. So now, I have no legal documentation from Feb1st, 2017. Hi! My last NIE that was valid was expired on Jan 31st, 2017. But you really dont want him to get caught by the police while he is in the country and not leaving then he will get deported, which is horrible because then it goes on your travel record for any country you enter anywhere on that passport. However, make sure you never have a layover in a non-Schengen zone country (Like Serbia, UK, etc) when flying between Schengen countries. Hello there, Im an American citizen who has spent the last few years studying in Barcelona. Related services Fixed-fee legal services (1) Immigration Because he broke a more serious law when his visa ended he was working illegally. Also, it is your legal right to know if you are on the SIS (Schengen Information System), so you can ask the German embassy about that as well. You can find a full explanation of how it works HERE, but essentially it limits trips into the Schengen zone (which Spain is a part of) to 90 days out of every 180. I'm Lindsey, and this is my creative space. But I want to return to Spain a week later. Im a US citizen living in Germany as an Au Pair. You need a Schengen tourist (C) visa to travel after your D type visa expires. Im just worried that they will count my days at passport control when i get my stamp out of Sweden. Thanks for writing in with your issue. Hi Bernadette! Its probably best to leave from a country you have spent the least amount of time in, like Italy. I have got the same case with you. I suggest calling the American embassy in Madrid to get an official clarification. This could have an effect on your status in the future for gaining Schengen visas for Europe. He seemed satisfied, stamped my passport and that was it. I am just nervous, because it would be after my visa is technically expired. But there is no guarantee of going unnoticed. Howdy! Thanks a lot for saying hello! So Ive been looking for information on this and its really across the map because everybody has an opinion without knowing what will happen or the best way to handle the situation. If your overstay went unnoticed, you dont really have much to worry about as an American citizen. Will I have an issue traveling within the schegan space? But if for some reason they ask, usually they let you explain and if you honestly had no idea, depending on the guard, they could just give a warning and if you do it again, then youre in trouble. All I have in my passport is my entry stamp in Frankfurt last September, along with a student visa that expired 60 days after I entered Spain, as well as my Spanish NIE that expired may 31. Btw I also wanted to post this so if others have this situation, It could maybe help them also. In the future definitely be careful to not repeat so you can stay on the legal side of things so you dont have to worry! My application was rejected. Already travelled- Ive also been to Austria in the last 180 days so would that trip already give me the Schengen visa? And even if Im not allowed to be here, what are the risks of traveling by plane within the Schengen area? I am so nervous to wether or not i will be fined. I would say law is law and be respectful when existing and entering to the country you are traveling. In the document the Spanish government explained how those people who were in Spain, with permission to stay for a period not exceeding 90 days, that has expired during the validity of the state of alarm, would see their stay automatically extended for a period of three months. Seems like this visa issue is happening all around Scandinavia. . If you said the expiration date was 2 days BEFORE you left and you were only granted 22 days, that means it was most likely a single-entry visa, and you must apply for a new business visa. I am worried I will exceed the 90-day permitted limit while awaiting residency in Spain. I feel like there are not enough people sharing their stories of being caught! Where I can employ the spokes of the wheel travel strategy from NYC. But as last years Spanish state bulletin dealing with overstays of third-country nationals did give them a further three months grace period during the state of alarm in 2020, there is less reason to think that any of these penalties should be applicable if reasonable and justified reasons are given for not sticking to the deadline ie. I have been going between the U.K. And shengen area. Hey Jocelyn, it might cause more confusion, no doubt, but I dont think it seems suspicious because youre not trying to do something wrong. Hope you are staying safe during this time. I asked from Spains police and they told me that i dont have problem in Spain to leave but they wasnt sure about Germany. Since she had language barrier, they had called me and said that she might have to sign couple of documents to board the flight back to the origin. She answered that it wont be a problem for me to stay long because Im a wife of a Greek citizen and when Im in Greece I can apply for residency.. anyway, the thing is that I found out here that she tricked us, and now Im in the situation of paying the fine, being ban or deported I dont know and Im very concern, because I have my ticket going back to the US on June 5th 2019 I would recommend keeping your length of stays inside Europe less if you are traveling so frequently for work. You cannot do this, so dont risk overstaying again waiting for a visa that cannot happen. Hi Lindsey! More power to you. Hey Jade! Ive held off on further bookings such as accommodations as I dont want to potentially be out more money if a refusal happens. Thanks for writing in. I never knew new that I have to first travel to Italy before I could travel to Spain or any schengen countries. Moreover, it can not only result in fines, but also bans for future visas. I was planning to travel for 3 weeks after I complete my study. I hope you can answer my questions: I am a Filipino living in Australia and I received a Type C visa valid for 8 days. This would be within an 180 day period. I, on the other hand, never got any problem in having my first student visa and then my renewal. Honestly- I would rather stay in Italy than spend two weeks in London but I have been getting so paranoid about getting caught for over staying. You can search on bootsnall.com. Yes, punishment will most likely be the same. My question is is it okay for me to flying back to my country from Brussels again ( since I arrived in Brussels before) ? Will I be charged a crime? They have entered last year on tourist visa and tried to extend their stay but failed. Or tell your work you need a different type of visa if they are sending you over frequently for longer periods. Hey Mackenzie! If youre on a basic Schengen C tourist visa, extensions are only in cases of an emergency outside your control such as an unanticipated medical condition that makes it impossible for you to travel. We are from Saudi Arabia, my wife and kids enrolled in the normal German schools and language schools without any probkem. If the overstay are few days so might be visa officer understand and its approx 40 -45 days that is the main concern just last question if i get any good prof from Italy that my daughter was ill and is there any chance to get visas ??? I think you should apply for the reunification, and see what happens from there. Thanks for explaining your issue. Hello! 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). I am Australian and have the work visa for UK. Anyway, if you enter on your U.K., they cannot legally deny you entry since you are a citizen of a (for now) EU country. I overstayed in Schengen area. So Ive basically overstayed my visa for close to 2 years now. You should either stay out for 90 days, or enter on the residence visa whenever it is processed. Hello Lindsey, Im in the Air Force stationed in Germany. So Im in Italy on a tourist visa, which ended January 24th but I took a plane a week before the end of my 90 days to London to receive a stamp and took a train back into Italy, where I did not receive another entry stampso technically Im still in London, out of the Schengen area, until my 90 days are up, again. This blog post is directed towards non-EU/EEA citizens, so youre in the clear! I am from New Zealand and I have been living in london for the past two years on a T2 youth mobility visa, this expired and I went travelling for summer in spain. Im now planning to apply for a national visa d for a schengen country which is different from the one i got the last visa and different from the exit country. Best of luck! I am an American living in France and have overstayed my visa waiting for a Carte de sjour for almost a year through the PACs (civil marriage agreement). if yes, then how? Unfortunately, if they have given him a warning to leave within 3 months, and he did not follow those instructions, he will most likely have a difficult time getting a new work permit in another European country. You could really mess up your future travel/visas if caught overstaying because it goes into the system (even if you pay a fine only). I am sure youll be fine! Usually when applications are pending, they can stay within the country without penalty (but no working or anything). They could punish the overstayer on the spot, question, or decide to let it slide. Less than 2 years 2 million - 4 million. Im very confused with the situation Im in right now. You should NOT say couple of days are fine when existing, NO it is not fine at all. There is a lot of paperwork that happens in order for you to have the right to stay in Europe. please help, iam so confused. Im a Canadian planning on au pairing in Spain. Unfortunately, I dont think you are able to do anything at this point besides either pause your studies for a later date, take them before June 18th, or try and take them online. Thank you so much for your help!!! . It sounds like she might want to leave the Schengen through Portugal rather than Spain. Since you have overstayed, I still would be cautious because it really is up to the border guard on if they choose to proceed with punishment for overstaying, or just looking the other way. Thanks for any advice, this article was very helpful! Can you try leaving a day early? Hi Lindsey! You never mentioned what country youre from? My contract is up March 4th and was planning to meet my two teenage daughters in Paris for a 10 day vacation before returning to the states. I would like to take the risk to stay the extra 30 days, but I am not sure. He applied after a week when his last permit expired and the reasons he gave were mostly based on his health issues. My case is different compared to the others. I applied for a visa to visit my boyfriend in Denmark from the 13th to 30th of July. You can remain in the EU and the Schengen zone for 90 days in an 180-day period without requiring a visa or residency permit. Greece is quite strict. The US embassy told me to ask the Italian authorities for advice. 1,419. This area is visa free and my sister is there now with her boyfriend. The passport is scanned for 2 different reasons. What a SITUATION, right? my next question is whether she will be banned to enter schengen again? You could always leave 2 days earlier to be 100% you wont get stopped. Hey Nick, I am also under the impression that Americans can re-enter on a tourist visa. 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. You had no other entrance stamps from other Schengen countries? Being an American citizen, I am rather lucky because I get a free waiver visa throughout basically any country in Europe. My understanding is the worst the Romanians can do is hit me for $600 and ban me for a year. So he decided to go for a year more extension which is fine if you are able to show what stopped you from completing the studies in written. i wanna ask is it possible for me to travel around schengen country (not going outside border) when my visa is already expired? Im getting 1 story from the stories and another story from the US embassy. As for your travels to Spain, there will be no passport control between Austria > Spain. She doesnt have a valid visa now, which seems to make her invalid for an extension in the upcoming 5 months Technically, she probably cannot leave Portugal and travel around to other Schengen or non-Schengen countries if she wants to extend her stay in Portugal. I would definitely suggest Italy or Spain in your case. Thanks, Hey! My partner is a Polish national who has been working in Spain for 1 year. I hope it works out for you! If all else fails, go elope in Brazil! Do you think this could happen? Also, if denied, he cannot come back in November, because his 90/180 will be finished. Thank you so much for reading and replying. I see where it says that in their information. I dont know if that has any effect. Do you foresee any issues? So,my stay right now for waiting my residency permit,will be counted as over stay or they will consider me, since i applied for legalistaion of my stay. But maybe since Im leaving from Barcelona Ill be okay?? A month before I leave, I called them And i said that we would not get married and ask the woman if there would be any problem leaving the country or wanting to return, she said no, that everything would be fine. Have so much fun on your trip! When it comes to those who would vote to remain in the EU, support has increased as might be expected given the fall in support for leave, but surprisingly not among all countries. Hey Sue Thanks for taking the time to write in. Your visa would be exhausted then. Going to save so that I can come back and read more later! , Hey Scarlett! Since you overstayed your student visa, you cant apply for an extension because it already expired. HELP! This professionalism is the result of corporate leadership, teamwork, open communications, customer/supplier partnership, and state-of-the-art manufacturing. I suggest applying for a tourist visa extension ASAP at the immigration office, or speaking with your school on how to help. I was not stopped or questioned when I exited after overstaying 2 days, but any math done will show a previous overstay during a 180 day period. Should I go to Germany and see what I can do from there? I am an American citizen who has one month left in Berlin. and youre lucky & do not get stopped, you shouldnt have an issue applying in the future. unpaid for entrepreneurs. Sorry for the late response. I dont know if you will find this interesting and I dont know how to post for everyone to read. And my concern now is I am scared to have problems later in processing my visa back to Sweden to be with my boyfriend again coz it might shows in the records or in the immigration that I did not went home before my 90 days expired. I havent been informed about any ban from Shengen zone, and officer that was dealing with my case stated that I will be informed by someone else, however that never happened. My question is should I just continue with my plans with my daughters? She moved to Spain in 2006 to be The Daily Telegraphs Madrid correspondent and then worked for six years as Editor of The Local Spain. Often, travellers are confused by this rule and fail to calculate how long they are permitted to remain in the EU, or they believe that overstaying is not a big deal. I visited Netherlands/Belgium/France/Germany a few years ago, and overstayed by a few months. Since you are responsible for the child and its passport rules, they could issue you a fine for not organizing this before hand. Appreciate any advice. I suggest you go home and apply for everything from the U.S. Was Germany your 1st point of Schengen entry where you got stamped? You can live in Spain while your application is being process but also while you appeal the rejection of that application and while that appeal is being processed, she said., Q&A: Everything you need to know about residency in Spain post-Brexit. Also, if someone is fined and/or banned in Romania, does it have any impact in the Schengen area? Ive been living in Germany for about 18 months. Tickets are expensive and I wonder if the risk of overstaying by a single day is worth it? She would like to return home and apply for a long term visa. 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. Hey Alexandra! Were you even allowed to work on a student visa? Hi Jackie! However, can anyone tell me what range of fines have been levied for exceeding the Schengen Zone limit? At least according to what the US Consulate in Warsaw is saying. It is 100% up to the attitude of the guard on duty, but it can be a scenario. I have been stopped in Riga airport by officer and asked couple of questions. I was going to take a week long trip to Romania as I thought that would buy me the 4 days back, but do not want that expense if not necessary. My boyfriend is originally from chile but already living in sweden with his whole family for more than 30 years now and so they are now a swedish citizen. 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. We were flying directly from Rome to Romania because I got a job teaching at a Montessori school in October. I think youll be fine. Americans can stay in the Schengen Area for a maximum of 90 days within a 180-day period without requiring a visa. Anyway, my main question remains, how do we find out the info about our travels that is stored in the Schengen Information System? But you also need to leave from Denmark if you go back home or elsewhere (no layovers in Schengen countries). In fact, I think you need to send your passport to wherever it is being processed. 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. Now i have another question. First, I am going to travel to India on July 31st, 2017 and then on August 31st, 2017 to the US. But from what you say, you should be in the clear you were out for the specified amount of time, you should be allowed back in. The farther north you get in Europe, the more strict they are at looking at your entrance stamps. I left the area on the 4th of July! Im not sure if self-employed can qualify. He got accepted to a basketball academy in Spain and had to leave in a hurry to get there for the start in January this year (and as it was holidays and all the NZ/Spanish embassies were closed) so I sent him there as I knew NZ had a bilateral agreement with many of the countries in the EU that meant he could do 90/180 in each of them. 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