If not then how long should I wait? The family court procedure is now over, And I am now somewhat illegal . Hello! This doesnt mean youd get out unnoticed, but most countries are worried about overstaying in their own country. I am seriously anxious over here. Best of luck! I have a situation that Im looking for a little bit of insight on. Also I was planning on being home for a month and a half then entering England for a few days and then back to France. And 6 months later i applied for a schengen visa and include all papers justifying why i overstayed but they denied my visa and said that it was not because I was sick i overstayed. Hey Maggie! Being an American citizen, I am rather lucky because I get a free waiver visa throughout basically any country in Europe. 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. Please make sure you pay attention and only stay 90 days within your visa this time. yesyes, i hope thats the case! (Will they stamp her passport when she leaves Portugal???). This looks like an interesting guide! I would strongly urge you to not even consider trying to overstay your visa. But if not I have exceeded my time spent in the shengen area. Your overstay is quite a long time, so if you are questioned they will want to know what you were doing and how you were supporting yourself financially. She was advised by her peers in Portugal, and the manager of the hostel, that this letter allowed her to legally overstay her time IN PORTUGAL by 90 days, because she has an appointment for review with them. Do you think this could happen? So in the future it is always important that she keeps up with statuses of third-parties (your dads company) when it comes to someone handling her legal status. If you know you are going to be staying longer than what your visa has given you, most people apply for the family reunification visa while still in India. I am considering overstaying by 6 days (until the 11th) to save 600$ and visit a dear friend who lives in southern Spain. I am wondering, will I have problems with that layover at Gatwick? Therefore, Portugal can issue you the fine if they catch this error in your stay. I have been reading about Schengen for a while now and am still a bit confused. Thanks! And, while, some have escaped the penalties for overstaying, it's highly risky and not advisable. 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. If Spain is like most other European countries, you probably cannot be in Spain (especially on an expired tourist visa) while the visa is processing. That said, deportation is rarely enforced for a visitor who isnt attempting to work illegally or claim benefits. Mari. 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. 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. BUT when leaving from Spain my immigration officer was fully convinced that I did overstayed, our conversation was around only 1 minute, in this time I try to explain but finally she said okay okay you know, just go and sealed my passport with a normal exit stamped. I am actually writing a post on Bilateral Agreements right now from your inspiration. So here is my situation, I hope someone can help me or give me advice :(. Ive held off on further bookings such as accommodations as I dont want to potentially be out more money if a refusal happens. i think we have the same problem now. That was 2008 to 2009. I think all you can do at this point is focus on what youre in Portugal for: your thesis. Hmmm. and So Ive been illegal eversince. Because if you dont apply for the visa, you cannot stay after your 90 days are up even if you are married. Hey Lei! You cant recharge a tourist visa. Do you know if I could figure this out by contacting our consulate in Spain or the Spanish consulate here? I really need your advice! If your visa is denied, you will most likely need to show proof of application and denial letter to any border guards when you exit if they ask (which would need to be immediate if you get a denied decision). I could return without problems after 3 months out of Schengen. Nothing in the world is worth it because it could ruin future visa chances if you are caught. Can they pardon my overstay with a notary? On leaving the guy noted I was overstaying my visa and I told him how I had been doing breast cancer research and he felt pity on me and let me leave without any symbols/ banning. 2023 Rick Steves' Europe, Inc. | Terms of Service | Privacy Policy. 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? Best of luck! You shouldnt have an issue inviting your wife to get a visitors visa. If you are only allowed 30 days with a multi-entry within 90 days, this could definitly be an issue when you are leaving Sweden, since they have become quite strict due to immigration and asylum cases. 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. i have the below question: As my things were in Vienna, I risked it by flying from my country to Budapest and took a train in to Vienna and later on flew out of Budapest a month later with no issues. So if they deny your visa due to this reason, you will have to appeal and explain your case. 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. In the middle of my au pair time, i leave my host family because they didnt respect me, make me overworked without paying. So I think we are describing the same thing. 28th April) or can I stay and travel in the Schengen area until 13th May? just on my tourist visa.. obviously I'm in trouble. It ended up taking a month for the certificate to arrive (today). If its for work, your work NEEDS to be responsible and get you a residence visa before you go. You would be put in a tricky situation more on a moral basis potentially lying on official documents (not advisable!). Hi Lindsey, They just detain to ask questions, or they hold you up right there and ask questions. Travel Records Looking at their I-94 arrival and departure cards, which clearly state how long they can stay, is all it takes for foreigners in the US to determine whether they have exceeded their visas.What are the consequences of overstaying tourist visa?You will be prohibited from returning to the United States for a specific period of time if you were in the country illegally for more than 180 days, which is defined as exceeding your visas validity by 181 days or more. Also, if you were sick and couldnt fly, you should have received a doctors note that would help explain this in case you got in trouble. My understanding is the worst the Romanians can do is hit me for $600 and ban me for a year. Its official too , Hi Lindsey, 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? My passport is brand new as I got it reissued while abroad (it was full), so it only has the Spanish exit stamp on it now. Hope this helps! just to make sure i will ask the uk embassy and see what my position is, if anything i will be travelling back very shortly.. so Im thinking that should solve the problems, it was just my naivety in this instance i shall let you know how it goes, just in case anyone has this experience! Dede. Truly helpful . If I thought I might be close, I'd send for a visa. It is unreal they would put you in that position. Morocco is so beautiful, I have been twice. When entering or staying in the Netherlands during the length of an entry ban. So full of great information! 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. Hey David! When exiting the officer said nothing, just stamped the exit stamp with date. Good luck, Rao! I replied to your private email in response! Please advise. If you had applied for a course that needed a visa, unfortunately, this is a mistake that could cost you some chit-chats with the border guards. Thank you for taking the time with your question. 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. I had to head back to the U.S. unexpectedly and left Spain on the day my visa expired. Stay safe. They do have your 2016 adventure on record, but they also gave you another visa, so youre in the clear. 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. You cannot go to Denmark on a tourist visa, and then hope it turns into a different type of visa while you are there (like family reunification). But according to your plans, your U.S. friend cannot legally travel in Schengen countries for more than 90 days within a period of 180 days. Happy travels! Ie: You enter Iceland in March & wait 20 days for your visa to be approved. Of course you can try to hire an immigration lawyer, but I am not sure how that will effect the outcome. 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. Thank you very much! Corona has messed up all the rules so its hard for me to give concrete advice on that. Hi Lindsey: My parents moved to Prague for work and my dads company was supposed to be handling the extended visa for my Mom. Well Im there now :D, never lose hope, thanks for the help. Thanks so much for posting about the Schengen rule, its very helpful. Thats how it works! If you have exceeded the length of your visa or your visa-free stay (overstay) an entry ban may be imposed on you. Will I have overstayed if I stick to that plan? Be warned people, and I am an older guy 55 at the time and very normal looking. Romania isnt where the problem would be, it would be exiting Italy. I now have a trip planned to Europe(schengen) at the end of October. First, thank you for all your tips and advice here. Should I leave out of a different country than Germany/France, and if so which ones are my best options? I will not be returning to the Schengen area until our wedding which will be in Italy in July 2019. 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. As for the switch over to tourist visa, there is not a lot of information on this. Im assuming you were on a 6-month student visa? Thanks. It blows my mind how embassies dont know these questions.If you havent been caught or fined, then my suggestion is just to make sure you have been out of Schengen 90 days since you last exited. Also, they can actually deny you entry after you have flown into Europe. I suggest going to London, even if its your 90th day. Is it a for sure that a red flag is gonna pop up when they scan it saying I overstayed the 90 days? Thank you for the answer!!! 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). Just keep that in mind. Yes, I gave Sally a pass on that, Norma, figuring she just loves being in Europe so much she can no longer think clearly :-). I had advice on that too! I'm clearly in violation. 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. Do you know what will happen to me? Spouse Visa? Usually when your visa is processing youre either not allowed to enter the country or leave the country. Happy travels! 3) she missed her flight and had to pay for a new ( very pricey) flight. Not if you are a tourist. My American friend has overstayed a Spanish tourist visa by 9 months. Technically, you have the right to a new visa since your ban has been completed, however, they still have the right to deny the visa or even give you very little holiday days within their country. 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. u know how the US visa works?? Just do not leave after! Wow, thanks for the quick reply! My 90 days in the Schengen will be up the 9th of December 2018. Id love more than anything, any kind of suggestions or help! 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. I am assuming you are from a Schengen country? My question is, what do you think they will do to me as I dont want to pay the fine? Along with a copy of the bilateral agreement. Hello there! You still can only stay within Schengen for 90 days within a 6 month period of your 1 year visa. To find out if you are in the SIS, you need to call the immigration board, or whoever issued your visa and ask to have this information. I am planning to apply for a Schengen visa with other Schengen embassy and explain them that my itinerary is 20 days. How do you know this?? Good luck, and dont get banned . So no, I dont think you can come back to stay in France (or anywhere in Schengen) if you get married. Sorry about that. You definitely MUST go to the country that issued you the Schengen tourist visa, but usually, you get the Schengen visa for the country that will be your main travel destination where you spend the most time. Would I be on a legal tourist visa? is the entry ban data disappear automatically from SIS? Wooow Iceland! Otherwise, it is difficult to believe the situation if there is no proof of illness and the inability to travel. Will they notice I had overstayed by one day on accident on my precious trip or will they let me explain? Does the company realize they are breaking laws by having you basically overstay your Schengen tourist visa? My concern is once she reaches the UK: will the UK immigration/customs see that she overstayed her Schengen 90-day tourist allowance, and fine/deport her back to the US? Hello! They will most likely slide it through a scanner, and then flip through the pages to find your entrance stamp and see where youve been. Best of luck! can I return to Denmark to apply for a residence permit (which then gives me a bridging visa while its processed)? I think Greece is going to get me with the fine, I heard that, they are very harsh with the fines is not that I have a lot of money, but I choose paying than have a chance not to comeback here to Greece. Once he receives the Spanish visa, he can enter on that and be just fine. This is from Chopin airport in Warsaw Poland. Any stories out there of not being allowed back when trying to enter with a tourist visa? If yes, you violated your bilateral. They are a lot more observant. Hi Cheryl I replied to you via email! In March, which is a month before my appointment, I called the office to confirm my appointment and the person on the other line told me that they wouldnt renew my visa because my visa had been expired for too long, I was pretty pissed about it because first, they told me to wait for the next appointment, and second I continually asked them if Im going to have any problems and whatnot in the future and they keep telling me that Ill be fine so I just went along with it. (its not written in passport, they just have sent me a letter). My question is how will I know if I got ban from Shengen zone or not, as Im willing to travel to Europe in the future again. (adsbygoogle = window.adsbygoogle || []).push({}); Looking on how to stay legally in Europe? Sweden is very strict these days about who is immigrating here. Appeal letters do not work in this case. As I mentioned, your D visa will be for whatever validity they give you longer than 90 daysfor Poland only. I have to take the exam and pass in order to continue my studies for the Fall. I thought that then I would be able to obtain my Irish passport and use it to return to the U.S. If you are in the country without the right to be (without a visa), then you actually are legally required to leave, that is the whole point of having the visa. I got slammed with questions these months! The validity of the Schengen visa is stated on the visa attached to the travelers passport and ranges from 6 months to 5 years for double or multiple entry (circulation visa) Schengen visas. Your email address will not be published. COVID has the world at a stand still. 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). While i was in Poland , i got offer for job before my visa expire, so i apply for Residency permit in Poland on the basis of work,before expiry of my 90 days tourist visa. and when it is scanned is the border official able to see where you have been? This condition is ideal for those who would appreciate investigating adjoining regions. hello there, i am Lily from Mongolia. Heres my advice on visas, wifi and living costs, Serbia is toughening its visa rules after migration prompts pressure from the EU, New visa rule: Schengen applications to move online for millions of visitors, It's official: Croatia will be joining the Schengen zone but Romania and Bulgaria denied membership, Dry January: The best places for a sober getaway, The top two most visited countries in the world are in Europe, Why you should walk between Italys culture capitals in 2023, Tourists in Mexico could now face fines for smoking in public, New digital nomad visa could make it easier to live and work in Spain. You can use my Schengen Calculator if you need to calculate the stays: First of all, I would like to thank you for your amazing work Lindsey. I was told by my employer that it would be processed in time for my trip to London for Christmas break. Thanks for these amazing blog! Youre helping people who are in really bad situations and thats a rare and greatly appreciated thing. I am just nervous, because it would be after my visa is technically expired. , Hi Lindsey I have a question. Dont confuse the validity of the tourist visa with the 90 days within 180 days rule. Once you are married, you are not just given a visa to stay and work. Any tips about re-entering the Schengen before 90 days have passed since I exited (after staying the max timeand a little bit over)? Will I have difficulty entering the country? In fact, I have a calculator right here you can use for free. Hello Lindsey, Loving all this quality advice you are giving. According to Spanish lawyer Romulo Parra, Spain only generally offers visa extensions to third-country nationals in the event of illness or an accident, but these are unusual times.. (Many people are waiting 1 year sometime without leaving!). If you dont re-enter on a tourist visa, you are technically traveling on an expired student visa. I am receiving a lot of job offers and interview calls now. Im Canadian and this was a few months ago, if I hadnt overstayed id be allowed in on Dec 8th. But, they let me go and did not pay any fine. Then arrange a bus / coach journey to France from Dover to Calais ( using sea France ) .They is no passport control at all when you enter France and retun to the u.k in the same way before your 6 month ends. Hello! I would think that if you were "making every effort" to abide by the law, you would make sure that you were nowhere near the limits of the rule. I just wish there was a bit more solid info on this. Its part of the consequence that I warn everyone about on this blog post. There dont seem to be any direct flights from Lisbon to Croatia without layovers in a Schengen airport). Thanks in advance, your site has a lot of helpful info, but I couldnt quite find an answer. Will being married to an Italian change how the immigration treat me when I am leaving to go home? Being an Au Pair? Usually the main problem is not exiting the Schengen it is when you apply for a future visa to re-enter. I travelled 2 days before my visa expiry date and overstayed by 3 days. Went through no problem in Iceland. Best of luck! I recommend calling the Italian embassy in Saudi. Relevant details: none of my flights to and from France between Iceland have ever involved a passport check on either side at least in the three years Ive been here. Then i can fly back from montenegro to uk. I have a blog post about the perk of Dual citizenship here. I know it will again depend on the person working. I still have some days left for collection and I want to believe that I will get it Lol. I arrived in Norway on July 5 and am set to depart on October 3, early in the morning. any help you can give me PLEASE help!! Was it a single-entry or multi-entry visa? You are obviously not there for touristic purposes. Is Spain the best country to leave from (and avoid a fine/penalty)? On March 16th, the UK government said It is against all non-essential travel worldwide until the beginning of June. My question to you is in your article you say to leave from a different country than the one you entered which sucks because I entered in Spain and you recommend Spain to everyone. Me explain dont want to pay the fine, or they hold you up right and... Is gon na pop up when they scan it saying I overstayed the 90 days within a 6 period... Married to an Italian fines for overstaying in spain how the immigration treat me when I am leaving to go?... 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