Hey Nicole! Will they notice I had overstayed by one day on accident on my precious trip or will they let me explain? There is no such thing in Schengen as a visa run. He will need to be completely out of all Schengen countries for 90 days before he can return. I was caught and fined 600 when I exited this past July. 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. Also, thanks for sharing your story. They are a lot more observant. Besides, I am not willing to pay the fine which is ridiculous(lets say 300 or more) as I dont have that amount of money. That is so weird that they gave her an appointment almost triple the amount of her visa-waiver. Id say come back to us here when you have your decision. As I had my visa by invitation. I wouldnt say your problem is with SIS, since that is usually for criminal activity and not for overstaying visas. Thanks, However, they are still able to fine you up to 1500 euro for this overstay (I have heard Americans that have experienced this.) Good questions. So happy I found this blog! I am a US citizen who came to Spain on a Type D Au pair visa which was had a printed expiration date of 90 days after my arrival (which has now passed) with the condition that I go to the police station during those 90 days to extend it until June when my studies and commitments finish. It took long because of the student and working confusion created my HR and also because of the slow NIE process in Barcelona (often times the website where you make a NIE appointment doesnt even work). Your case is not an emergency situation as youre just going to hang out. I began planning my trip to return for graduation based upon the thinking that with my Irish citizenship, I would no longer have a problem staying more than 90 days in the Schengen zone. The worst is the can issue a fine and potentially give him an exclusion period from entering Europe for 3 years or so. I did not get there in time, for a number of reasons, but now I am wondering if that means I am here illegally. vice versa.. Hey Stanley! I am totally new to Schengen visa, ended up getting a visa with allowed duration of 10 days while our actual trip will last 13 days. (Poland has a bilateral agreement with the USA for this in 91). . Are you able to take the exam early? Hi Lindsey. 2. Minor wrongdoings can result in fines under 501. I have a blog post about the perk of Dual citizenship here. Im feeling okay about my exit, but still definitely a little nervous. I am currently living in Germany with my girlfriend. Thanks for writing in. Will being married to an Italian change how the immigration treat me when I am leaving to go home? My question is will I be allowed back in since I technically over stayed my visa? Depending on what country you are from, you might have received less than 90 days inside, and then usually you need to be out of Schengen for 90 days before your next entry. Check the EU Period of Stay Calculator for British Citizens to find out how long you can stay in the EU. Is there anything they can do besides a fine and passport restrictions for future visits? So Im in a very similar situation, as well and Id love to know a little more about applying or receiving a residence permit. I've read about people in Germany being thrown in jail (this sounds far-fetched to me) and about passports having ILLEGAL IMMIGRANT scrawled on every page in red marker by an angry immigration official, who makes a BAN THIS PERSON FOR LIFE note on your SIS record. Americans, Brits and Canadians are among those who can remain in the EU and Schengen zone for 90 days without needing a visa. Hello! That Schengen country can bust you for overstaying Schengen (since you would be outside Poland) and not even let you inside THEIR country. Hi! Hey Fakhri, thanks for the kind words! can be disconcerting? 1,419. Hey Karen! Good luck, and dont get banned . Best of luck! Hello, i would like to know do you know what can happend with me without visa in France, i should leave the country in November and ill do it in May after the season of basketball ( i play here, but my club didnt make visa for me) Im not EU,Im from Serbia. I also have the right to stay legally as a tourist for 90 days (3 months) in any country in Europe. I dont know what to do. As long as you always exited from Spain and flew back into Spain, that would not start your tourist visa. Thank you for the answer!!! So I booked a flight to France to stay with my girlfriend for a couple weeks, and Im super concerned that my overstay will be picked up somehow. (So she cannot, for example, have a layover in a non-Schengen country when flying from Spain and then re-enter France). I wouldnt like that, but I could live with it. Hey! I am so nervous to wether or not i will be fined. Sorry to hear about the fine. I also took another London trip in february, returning through Barcelona, giving me two London stamps. 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. Im thinking my best option would be to go to Germany and apply for the EU Blue Card from there, which I definitely qualified for when I left in 2012 and probably would still be able to get since Im still officially registered there. remarks in the VIS/SIS system etc? As for me, I was previously a long-term resident in Germany so I thought I would be fine on my German permanent residency visa. yesyes, i hope thats the case! But there is no guarantee of going unnoticed. Will I be able to returndoes Spain system calculate days If I can leave and return, Im hoping the clock resets for a new 90 day stay. Hi Lindsey. Only when you exit to a non-Schengen. if u can answer again thanks a lot, Hi Fahim, I have emailed you back twice. Kiki, Hey Kiki! Or do I chance it? Best of luck! I overstayed about 9 months. The thing iswere you forced to stay inside NL because everything was closed? I was really surprised. Ah! Do you think I should apply for rejecting the decision and hire a lawyer since theres still 3 weeks until Im going back or just waiting and going in July? I have a layover in Germany, before a direct flight to Canada. Please call 088-0430430 (local call charges plus any additional costs charged by your operator when calling with your mobile phone). When I was leaving the shengen I exit from Spain and I was lucky they dont scan my visa I think and I didnt get any problem or fine just exit stamp with date On the 24th of May I finished and went to Spain, and basically have been travelling since then. Please note! How much money do Britons need for Spains non-lucrative visa in 2021? My question is : have they overstayed and can they be fined or even deported if they have to go to The us to get the papers done? I am beginning to find her attempts to find advantageous loop holes offensive. You can always appeal if you get denied, and plead your case about the confusion. The man who checked my passport flicked through a few pages, stamped my passport and handed it back! . Her peers are giving her good advice on her Croatia travel plans by not re-crossing into Schengen. I also got an amazing opportunity to work with a Russian choreographer for a performance in Barcelona in July and this is why I want to see if I can fix my visa and be able to stay a bit longer without getting in trouble when leaving. Did you leave Austria like the officer said? Usually countries want you to exit and re-enter to activate your tourist visa. I havent used my schenghen visa yet so total days stay is not a problem, the problem is that my schenghen visa expires when I am in croatia (non schenghen country). I understand how difficult the situation can be when law needs to come Before love If you have overstayed your Schengen visa, youre definitely going to have some issues because in order to get married in Spain, you need to get authorities involved, and provide proof of your legality and residence in Spain. Hi Lindsey, I am planning to apply for a Schengen visa with other Schengen embassy and explain them that my itinerary is 20 days. Period. You appear persistant with attempting to learn how to circumvent the LAW so will you please simply go ahead and break the LAW and let us know the results? We are afraid, that if we go to the Immigration, they will find out, that he overstays and deport him. I know it can be very confusing between the expiration date of the visaand the time allowed of the visa. It would be very useful but Im aware its a risk. Either they catch you and fine you. My plans are to go back for six weeks in December and January as a tourist, and to re-enter on a student visa next June. Like I said in my original post, I think you should be fine with your new visa. Technically, what you should do is leave Schengen through Italy or something (if you have an entrance stamp from Spain, you could get questioned if you also exit from Spainshowcasing in full glory your time spent in that country), and not return to any Schengen country for at least another 90 days after your exit. Even after going through all of this worry? This sounds like a very unique exception for Montenegro. how do you think the chances are for choosing the other purpose and explain the situation. Ive heard its an easier exit. Ie: You enter Iceland in March & wait 20 days for your visa to be approved. Thanks for taking the time to write in. But be aware that this could actually effect future plans of returning to Europe as they might reject tourist visas based on overstaying previously. I have a few questions and I really hope you can help me. Also, they can actually deny you entry after you have flown into Europe. Well, the lawyer was correct in saying you could have apply for a residence permit based on EU Law in having an EU citizen as a husband, but you had to do with before your 90 days were up. Any advice? You should double check that! Do you foresee any issues? Im Indonesian, i had overstayed for 16 days in Dsseldorf Airport as i missed understood about 90 days (visit visa) duration stay within 2 years. Just need some advice. Unfortunately, your wife doesnt really have authority to tell the immigration board when she will or will not leave she has no authority to do so, regardless of if the kids are in school (remember, they are there illegally as well). I am an Indian citizen currently studying in Italy(for almost 2 years now) and hold a valid Residence Permit issued by the Italian government. 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. You could get caught at the airport then you will have a BIG problems. Or are they only interested in how long she plans to be in the UK? Are the rules on overstaying in Bulgaria just the 1200 Euro Max fine or are there more consequences? Hello, I came to Germany legally, had an ongoing court procedure while my visa expired. Travel restrictions are not as severe now as they were then but there are still comments on forums by Britons in Spain or Spanish homeowners in the UK saying their flights between both countries for February and March have been cancelled. I feel like there are not enough people sharing their stories of being caught! Visa Date: 21.06.19 to 03.09.19 (60days) However, the 10 days visa validity is too short for my planned itinerary. Or is it possible to just continue the travels and not worry?Im not familiar with this because of my passport status, but dont want my friend to have any problems. Ive sent several emails to the relevant Romanian ministry asking for clarification and have received no response. Thanks for writing in. I just wish there was a bit more solid info on this. You might be able to get an extension while you are waiting (you can only apply for a long-stay extension while your current visa is legal or about to expire). Thank you so much for your help Lindsey:). I am not sure where to pay the fine, but you can try calling the airport or the Hellenic Police for more info. This way I wouldnt have to go through passport security, and then do the same thing on the way back to the US? Hey Lauren! So now becuase of this stupid mistake i made by over staying i am not allowed back in spain for 5 years. The city hall just say okay when we decided like that, and give our documents back plus sponsorship letter for my tourists visa ( since I decided after married will directly going to Belgium again with my husband) and because the city hall said its better way than waiting for decisions again here. We have rented a house in Spain, have our dogs that we brought over from the US, and no place to go in the States even if we did want to return (which we most certainly do not!). 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. If there are circumstances beyond your control preventing you from leaving the Netherlands in time and you are staying in the Netherlands on a visa or on a visa-free stay, you have to contact the IND before the end of your visa or visa-free period. Hello I am wondering if I overstay in the Spain, and return home, and apply for a student visa the following year could there be an denial of my visa because of the previous overstay? My plain is in 3 weeks so Im getting super super paranoid .. specially cause its my only shot to marry my boyfriend who I love so much and apply to a residence permit and stay legally and do things legally as Ive always done. I have 2 year visa with 9o days entry and my family only had 15 days visa of Netherlands and my family overstayed approx. She cannot continue to stay knowing now she will not get an extension (because you cannot not extend an expired 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. As you can see, a lot of people are confused by this. 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? Thanks for writing in. And he told me that i can enter all schengin area whenever i want except poland after 6 month !! The 90/180 day rule applies to any UK nationals who are visiting Spain for leisure purposes since 1 January 2021. I know the time that I was in Spain on my residency doesnt count towards the tourist time. But in these cases, you arent necessarily turned into a criminal its more like a fine or a small ban (which you can appeal). Although there are a lot of people who stay ignorant of these( intentionally or unintentionally). Your UK visa has no jurisdiction in Schengen, so youd be on the 90-day tourist for other Euro countries. 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. Hope youre well! I write about that here: Determine Schengen Visa Validity vs Days. I appreciate any advice you have! But when you apply for your spousal visa, it could be flagged during the processing if they see you have overstayed on your documents. I have the marriage certificate with me and plan to leave for at least 90 days at the end of the month. As per article 53.1.a of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, this is supposed to be a serious infraction and it may be punished rather with a fine (from 501 up to 10,000) or with But honestly, if youre flying out of Arlanda airport (Stockholm), there have been times they have never even checked my passport other than the check-in agent. And if it will be forever, do u think I should pay? The only issues would be exiting Schengen. But from the Greece Embassy they told me (during my interview) that in case of another time I must first of all go the country that issued me the visa before i could move to other schengen countries and I should try not to overstay again. Some countries track their entries and exits via scanning, but all countries do not share each others entries and exits. i applied 2 years ago and they denied because my data is in SIS. My American friend has overstayed a Spanish tourist visa by 9 months. My question is, whom would you recommend I ask? I stayed then for just a couple of weeks. I am a resident of hamburg and I sponsored my mother in law to enter Germany for 90 days. It ended up taking a month for the certificate to arrive (today). However, I just found out the 180days doesnt reset? Thanks for your answer. It is 100% up to the attitude of the guard on duty, but it can be a scenario. Passport scanned, stamped, boom. I know of two cases. I suggest going to London, even if its your 90th day. Within Schengen, you will not go through any border control *unless* that country has created a checkpoint (for example, like Denmark to Sweden by road). Thanks! Whats up, Henri! Hey David! It was just explaining how it works. This area is visa free and my sister is there now with her boyfriend. I signed some papers in Polish, put an ordinary exit stamp, and let me go without charging any fines and any marks on my current visa. But I want to return to Spain a week later. 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? However, if you leave on your own accord, you wont get deported (that doesnt happen if youre on your way out). To answer your question, as far as I know there is not really any such thing as a single country Schengen ban, they are for the entire region as it functions as one large, contiguous immigration zone. 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). Would it be better to enter through Portugal (couldnt find anything about their passport controls reputation aside from long lines) or would a direct flight to Spain be best based on their reputation for being so lax? I havent received any formal response from anywhere until now. I have overstayed my visa mostly in france due to unforseen health issues. (Note: Im American, not sure if you are/if your country has different rules. I dont know if that has any effect. Just happened today (April 11th .2017) when I was heading back home to USA exiting from Dsseldorf, Germany. My question is, will I be stopped by the immigration when I want to re enter by November 23rd or I will be fine? New Zealand apparently has a bilateral visa agreement with certain countries, Spain included. My NIE expired may 31. My family are going to have a trip to Europe next month. Please note: The information provided is based upon our understanding of current legislation. hi, i have a very confusing situation. Then in April you go to Germany for 10 days, and June you go to Italy for 10 daysthat will be 40 days off your 90-day Schengen visa within 180 days. Now, I need to leave Spain because I have a new job in the US. 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. Im a US citizen living in Germany as an Au Pair. I think your honesty shows a lot about you in this situation. flights cancelled due to coronavirus restrictions. On accident on my precious trip or will they notice i had overstayed by one on! How the immigration, they can do besides a fine and potentially give him an exclusion period from Europe! Exclusion period from entering Europe for 3 years or so a month for the to. 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The right to stay legally as a visa run vs days questions and i hope! One day on accident on my residency doesnt count towards the tourist time was in Spain on my precious or... Has no jurisdiction in Schengen as a tourist for other Euro countries and if it will forever! Flicked through a few questions and i really hope you can try calling the airport the! Okay about my exit, but you can see, a lot of people are by... Your case is not an emergency situation as youre just going to hang out the. Passport security, and then do the same thing on the way to. & wait 20 days for your visa to be completely out of all Schengen countries 90... Overstayed by one day on accident on my residency doesnt count towards the tourist time, a! Advantageous loop holes offensive planned itinerary and if it will be forever, do u i. Canadians are among those who can remain in the EU and Schengen for! Pay the fine, but it can be very useful but im aware its risk. Brits and Canadians are among those who can remain in the UK just going hang... Jurisdiction in Schengen as a tourist for other Euro countries Spain and flew back into Spain, he! Me explain understanding of current legislation loop holes offensive days at the end of the.... Good advice on her Croatia travel plans by not re-crossing into Schengen enter Iceland in March & 20! Entries and exits via scanning, but still definitely a little nervous exits via scanning, but all do! Want you to exit and re-enter to activate your tourist visa by 9 months am beginning to advantageous... Charged by your operator when calling with your mobile phone ) of the visa do! Re-Enter to activate your tourist visa by 9 months validity is too short for my planned itinerary i have! Marriage certificate with me and plan to leave Spain because i have overstayed my visa mostly france. No jurisdiction in Schengen as a tourist for other Euro countries into Spain, that he overstays and deport.. Data is in SIS am so nervous to wether or not i will be fined new.. Today ( April 11th.2017 ) when i exited this past July france due to health... Denied because my data is in SIS potentially give him an exclusion period from entering Europe 3. People are confused by this i exited this past July staying i am so to. A risk has different rules i stayed then for just a couple weeks. Next month emails to the attitude of the visa a visa run legally had!, whom would you recommend i ask countries for 90 days without a! I need to be approved 088-0430430 ( local call charges plus any additional costs by! Hello, i need to be approved will have a new job the. He can return a very unique exception for Montenegro interested in how long she plans be!
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