Parts of your proposed travel dates are almost 1 year after your trip in 2017, so those days in 2017 wont count anymore. Now I am going back to Ukraine and I really dont know how is better for return, should I go from Milan or from Paris. Thats why Trump wants to build that wall . Sorry to hear. Right now there are a lot of issues with immigration in Europe, so agents are quick to assume. It is actually hard to track your journey through Europe. 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. I need to fly back to New York (my home) for 2-3 weeks in November. Now we are leaving Europe back to our home country and we are afraid that this would enable her to ever applying to a visa in Europe in the future (she wants to study a Masters Degree here), as well as being arrested by the Police. I am not sure and certainly not an expert in these matters to reckon if authorities will be so tough on him or will they show some liniency towards him. I have a layover in Germany, before a direct flight to Canada. Hello there! If 90 days won't be enough, it's not hard to get a tourist visa to lengthen your stay (I believe they're good for six months at a time). I really appreciate your advice! I dd not check the number of days on the vsa and instead went by expiry date. There are fines and entry bans. The length of the entry ban depends on why the entry ban was imposed on you. Hi Thanks for your help. You can also speak with the Swiss consulate to see what options are available, and what happens if you were not let in prior. Days prior I was in Switzerland and France. Of course there is no border control to catch this but usually people do not live in a country as a tourist for 6 monthsthey usually try to work. However, you should speak with your school or an immigration advisor to see if you can submit an application for a short-stay uniform Schengen visa (category C). I had a weird situation here! My name is Alberto and I have been studying at a performing art school in Spain for the past 3 years. And thank again for this article and your responses- after googling schengen overstays for hours an hours, this has *definitely* been the most helpful site.. Hello Lindsey, Awesome Site!! (Long story, but I stayed thinking I could figure out a way to make it legit eventually, and now I am kind of stuck here.) Assuming you havent been banned, which, to my knowledge, I havent. Countries like Republic of Ireland, Croatia, UK, Montenegro, etc. I wonder if you would advise how to use the calculator, as well as take a look at my dates below, and let me know if it would work. WebIf you leave Spain, you may be registered as having overstayed the 90-day period by Spanish immigration. what should he do to avoid any problems (Fines, Jail, etc.). I say IF. Crossed from France to Spain at Le Perthus. I was explaining also to him that i do not know as i thought once u r out of schengen country u still have 90 days again to stay (my visa exp date is in 2019). Hey Greg! You can search on bootsnall.com. HOWEVER, you actually traveling to Spain during this time might seem a bit odd because you were able to move about during Corona, so why didnt you go home?Id say be careful on this one and do not disregard your visa rules if you want to return and make a life in NL or Spain. That is so exciting, and I am sorry you have to stress out a bit about this. But i am not sure, if the immigation knows about it. WebTherefore, the consequences of overstaying in the Schengen territory, whether your visa or the permitted 90 days for nationals of the countries under the visa-waiver program, 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. I find that I am overstaying my welcome in this country by one day. So yes, you are allowed another 90 days in Schengen. So you need to apply for a separate visa to enter Montenegro. spains foreign ministry doesnt mention what the consequences of overstaying 90 in 180 days in spain are, but according to article 53.1.a of spains This is the standard length (for example in case of an overstay of more than 3 months) Or is it only if you overstayed 180? You could get fined, deported, banned, or your next visa denied. 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. The other thing is if I stay passed the 8th of June, Im set to finalize nationality in July. When I tried to leave the Schengen Space through an airport in Italy the passport control officer noticed that I overstayed and he explained to me how the 90|180 rule works, I explained to him that it was not an intentional overstayed and he noticed that I had stamps from all over the world and from a lot of European countries from my prior trips, at the end he stamped my passport and he let me go without paying a fine, being deported, had a red stamp on my passport or being warned that I was not welcome in the Schengen space for an amount of years, he just said that I need to be more careful with that and it should not happened again. Howdy, Gabriele! Im very concern now, I have been traveling to Greece every year and I never overstayed for the past five years. She would have to return to Australia to get that visa again wouldnt she? As my wife is in Germany right now (processing a Verpflichtungairklairung) The obvious advice however is that if youre not planning on applying for residency in Spain, you should book your flight out long before the end of your 90-day stay, to give yourself some leeway in case your flight is cancelled. My employer applied for my visa January 4th as it was apparent I was staying beyond my 90days to complete the assignment. You wouldnt have trouble traveling within Schengen unless there was a reinforced border check, which France actually might have until April 30th, but that is only if you re-enter France. Dont confuse the validity of the tourist visa with the 90 days within 180 days rule. He certainly lost his right to stay when he crossed the validity (which he claimed i didnt know about these laws especially when you are student and you are paying for everything- which are huge amounts for fees, living and other stuff) and he cant go back not because he does not want to leave Sweden but out of utter shame or not getting the degree which would be twice hard for him to face the consequences in his home country because Everyone asks and he will not be allowed in future to travel anywhere by the family (acceptance or rejection of visa is a different topic). Once you are married, he can apply for a spousal visa, but this can take some time to process (and he might not be able to stay in the country while he is waiting for the visa to be approved). But, I figured out I have 3 more months without any visa. I am all about travel photos and helping people live in the countries they love. 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. Thanks in advance, Hi Chloe, you hadnt said your citizenship, but this might be a problem because of your illegal status. In Hungary where the government has been in conflict with the EU, attachment grew from 60 percent to 70.3 percent. I just returned home (NYC) after mistakenly (I think) overstaying for ~1.5 months. I know of a valley north of Lienz, Austria that I'd love to build a house in--for part time living. If there is a partner there or even a business opportunity, you might want to check out D visas, which are residence. I think your honesty shows a lot about you in this situation. The visa center (all the visas application must go to one big center here) told me you can get 90 days in each visit Ouch!! So there is a certain level of chance to it. Hi. , Hi There can you answer the following my son is in Portugal the 90 days will expire Nov 1 2017 can he fly to Dublin for a few days and fly back to Portugal to have the 90 days restarted? Basically, she needs to leave Schengen as soon as she can. Your information has now been added to the SIS system which is looked at when you apply for visas. Denmark and Sweden have border control due to some temporary issues. 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. Whether you get caught or not really depends on the border control agent and if they are familiar with the extension rules and Schengen law. TL;DR: If no action was taken due to the initial overstay (you werent banned, basically), as long as youve been out for 90 days, it should be no problem. Hey Sue Thanks for taking the time to write in. Its best to book your return ticket ahead of time and bring proof to the airport with you, just in case. Direct flights are available from Madrid to many major US cities for ~$1100-1500. 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. That being said, it is best to make sure he exits Schengen zone and can look for his next moves to apply for the proper visa. Thanks a lot for your prompt response. I am overstaying in France since Jan-17, I have a obtained a work contact with a firm here and my application had been submitted to the local prefecture. Where I can employ the spokes of the wheel travel strategy from NYC. Hopefully you are not passing through Germany again, just in case. Now she has to return to Moscow but we are afraid of what might happen. I came to the Czech Republic in complete ignorance of the Schengen 90/180 rule (oops, I can be irresponsible like that!). Hi Lindsey, Fiona Govan joined The Olive Press in March 2021. Hello I over stayed 2 days and I got a decision to leave EU within 30days and lift EU after 27 days what dose this 27 days counted as??? My boyfriend unfortunately doesnt qualify to sponsor a visa for me because he doesnt make enough money ;( any advice is greatly appreciated!! Arrest me? But any advice on how to present myself and my situation would be appreciated. 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. Was that at the same time as your NIE? How do they call this overstay? I was also quite fearful of the repercussions I could encounter, so I was prepared to possibly pay a fine but not much. Not really sure how to handle this, i figure you may have run into a similar situation, Hey Mark Have you been in Poland 14 months straight? Otherwise, you should maybe speed up your wedding date and apply for a spousal visa. They say I should have a decision in mid-January, and my new lawyer says that based on the cases he deals with, I will be approved. 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. For Americans, there are few options, but here is one for teaching/studying and another work other employment. i have doubts because i dont know if the officer at the airport that time put my name in schengen information system. Thats really the worst case. This is a link you might find helpful. Since 2015 I never applied for schengen visa although I have been travelling to China and so on but not to any Schengen suburbs. Save. I went to the Netherlands in December, but entered Schengen through Iceland because of a layover. Sweden is very strict on visas and will most likely ask him to leave if he does not leave himself first. They can see all the history of your previous visas if they actually look into it, so yes, they can see if it was canceled. Can u give us some advices? Hope this helped! For instance if I leave to the U.K. Once the visa expires and then fly into France before flying to Spain? I am trying to get back home to the US soon and I am a little unsure about my flight back home. No worries if you cant answer that. Do I need to be out of the country after 110 days are over (i.e. It will stay on your record and you have to carry the receipt around in your passport that you overstayed and payed the price. 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. The only issues would be exiting Schengen. Do you happen to be familiar with the Barcelona airport control? If you dont know what that is, I have a blog about it: How to Travel in Europe Legally with Bilateral Agreements. Does Germany offer an extension? heres my questionive been in italy on an overstayed visa for about 5 months. I am an American living in Madrid, Spain on a 1 year student visa. New Zealand apparently has a bilateral visa agreement with certain countries, Spain included. And it was then that I did encounter some problems, the officer read my passport thoroughly, asked me why i was traveling to BE so frequently (to visit my partner), asked me about my return date and then told me that I was not allowed in because I had surpassed the 90 days within a 6 month period rule. Hi lindsey, i was wondering if when a passport is scanned in the schengen area is it being tracked? Hmmm I am still feeling somehow but the Greece guy was nice. Alberto Serrano. Best of luck! As I will have overstayed the 90 days, I know that it will be an issue when I would leave. Im an American who has been living in Spain for the past year and a half on a student visa. Please don't be the ugly American who acts as if the rules don't apply to you. Hey Lindsey! In Germany, a fine of up to 3,000 is possible while in Spain it can range from 500 to 10,000. He also added that some of his credit points (which you need per year to be eligible to apply the next permit minimum requirement) got updated a day later his permit ran out. You could get stopped at the border and they might have a talk with you. I would like to stay here for a longer time other than the 90 days visa-free cap for 180 days.