So I think we are describing the same thing. I am currently in Genova, Italy where I am working as an au pair. My boyfriend and I are trying to figure out the details of that currently. Thanks in advance, your site has a lot of helpful info, but I couldnt quite find an answer. Ive been living in Germany, and my passport was stamped in France. Long story short, back in July 2016 at Geneva airport they didnt allow me to enter the country because of overstay visa (10 extra days based on my last visit), they sent me home at the next flight. I am leaving now and would like to find out whether I will get into any trouble that might cause me to miss my flight back home? Is there a way for them to pardon this? Sorry to hear of your holidays cut short from medical issues. The EES is being introduced to bolster border security and identify travellers who overstay their permitted time in the Schengen Area (90 days within a 180 day Or tell your work you need a different type of visa if they are sending you over frequently for longer periods. Its best to book your return ticket ahead of time and bring proof to the airport with you, just in case. Should I Deal with it when I leave- or do I turn myself in? I am a U.S. citizen with no previous overstays. I have heard many stories of this. My name is Julius and I am from Nigeria. If you have exceeded the length of your visa or your visa-free stay (overstay) an entry ban may be imposed on you. 4/7/2018-4/18/2018 I am a student in Barcelona and my student residency card expires 5 May. To apply for a Montenegran visa, here is their official website with information: https://www.visit-montenegro.com/tourism/visas-and-montenegro-embassy/, Thanks again, on the same site u referred, I found the below document which gives detail in article 5 So happy I found this blog! his residency card was expired 2 months before his contract (the card expired on 10 Feb, his contract ended on 7 April). When we passed through passport control on the way out of Schiphol I was caught. 2: This is a bit more complicated, since I have never dealt with this scenerio. So now becuase of this stupid mistake i made by over staying i am not allowed back in spain for 5 years. Please suggest meeeee. If you lie by saying no then you could actually be jailed, fined or deported anyway if they ever found out you lied about it. Would you please provide me the repercussions if the do decide to leave italy 4 days after the validity of my tourist visa. Im a Portuguese resident married to a non EU citizen who is currently visiting me in Lisbon. waiting for your repliesThanks in advance//. Were you caught overstaying? The question is: can I go to Bulgaria or another non schengen area country in E.U? Most cases they will let her through and give a warning. But if it is an EU country, they could have record on it. I have been traveling between Spain and Italy via boat and have never once been asked for my passport by any police officer. Should I leave the EU with a few days left and wait for the visa to be ready and then when my visa is available fly back in and receive the visa? (adsbygoogle = window.adsbygoogle || []).push({}); Looking on how to stay legally in Europe? Fines or Expulsion - Citizens Advice Bureau Spain Consequences of Overstaying in Spain? Im assuming you were on a 6-month student visa? The stamp doesnt show anything else; it was a weak stamp; not much ink. one and half month we are from Pakistan and we are back to Pakistan few months ago.. luckily not get any fines or any stamp or ban from the immigration officer they havent checks the date of entry of my family passports might be thats the main reason we did not face any problem or plenty.. the main reason for our staying is my daughter was ill and we have missed our flights and stay with my wife cousin house . Thanks for stopping by with your question. 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 played dumb. Citizens Advice Bureau is a registered as a Spanish Non-Profit/NPO/ONG organisation. Hey Lor! During my year in Spain, I traveled to Italy and Switzerland in February and Germany, Austria, and Czechia in August. That would be a good idea, if you need a 2nd opinion on it let me know. 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. You said not to re enter Europe for 6 months if possible. This is the standard length (for example in case of an overstay of more than 3 months) My husband was on a B1, which allows 6 months to stay and left after 3 months, and returned about 1 month later, and they detained him at the airport for 2 hours asking why he came backand he was legally allowed to do so. I realize that this is probably a repeat question but am stressing so have to ask! Please take a look at my Schengen calculator to get a better understanding: Im a US citizen traveling to Europe in May. I entered in Oct. 2017 and left in Sept. 2018. Dear lindsey Usually, countries let you stay if you have on file your visa is processing (but you cannot leave the country while it is processing). It depends where you have been during your 90 days. When exiting the officer said nothing, just stamped the exit stamp with date. Can you tell me how crossing boarders by car will effect our trip. So yes, you are allowed another 90 days in Schengen. I had my girlfriend (US citizen) visit and overstayed by 2 days. Thank you!! So entering one and leaving another in a tip if you wind up in this issue. (its not written in passport, they just have sent me a letter). Just thinking you will find work when you get there isn't a good idea. Hey David! I overstayed about 9 months. The agent in Spain probably did not have the time to actually do the calculations in her head. If you were in the country illegally for between 180 and 365 days, you will be prohibited from entering the country for three years.How do I fix an overstayed visa?The best course of action to fix an overstayed visa is to speak with an immigration lawyer who can advise you on whether you should return home, apply for an adjustment of status inside the US, or pursue another route to residency.Can you get an extension on a Schengen visa?The requirements for granting an extension of a Schengen Visa are extremely strict, and your reason for applying must be serious and unforeseeable. My student visa is in my current one. So, since the end of July, I decided to living with my boyfriend while looking for another family. Dear lindsey Otherwise, you should maybe speed up your wedding date and apply for a spousal visa. 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. Do you think that was the reason of the refusal? Your visa run plan wont work in Schengen (you cant just acquire 90 more days by exiting and re-entering a couple days later). Reader question: We are British and travelled to our second home in Spain before Christmas. Was that at the same time as your NIE? . I replied to your private email in response! I also need to get a new passport (either in Madrid or in NY) within the next month or so. After talking with a consulate today, it seems like they (Greece) arent likely to extend my schengen visa, so Ill be overstaying I was thinking I might ferry to Turkey and fly home out of Istanbul (much cheaper than flying from Greece)- if Im deported, fine with me; Im already on my way out! You can always appeal their decision if they deny but in the future, you need to make sure you do not overstay a tourist visa. Greece is extremely sensitive for overstaying right now due to the refugee and financial crisis. Not sure why other people recommended Francethat country is a big no-no to try and leave from. im equally close to france and slovenia. I entered in Barcelona and have 3 stamps from Barcelona for entering, leaving 80 days later to UK, and entering again in Barcelona 13 days later and have not left since. The local municipal office informed me that they have forwarded my papers to the appropriate office in Brussels. Being an American citizen, I am rather lucky because I get a free waiver visa throughout basically any country in Europe. Hi Lindsey, Hi Lindsey, your website is awesome, great work. Hey! Anyway I went to Greece I said there 42 days continues and I exit now I want know can I count it as 90/180 rule like 45/180 or I must wait till the expire of my visa and apply again it never happen to me and I dont want to book tickets and go to Greece and be dined entry I would look so stupid you know, anyway waiting your reply thanks alot George. i have the below question: I would honestly just explain the situation if you are questioned on exit. If they catch you a 2nd time overstaying, you could get banned from returning to any Schengen country, not just Spain . This is a very informative thread. However, some countries do not allow your touristic time after your student visa in their country has expired. If you are not subject to a visa requirement you can stay in the Schengen area during your visa-free stay. I read so many ans which you give reply to pples and its very much helpful actually. Thanks for sharing! If yes, and it has expiredthis means you absolutly cannot work on your tourist visa. In November, she would fly directly from Lisbon to London (non-Schengen), and then go on to Split, Croatia from there. So best stick to non-Schengen. Hey Lindsey thanks for replying! @Wade. I went to the guard bord in the airport to fix my papers and to be legal !! Europeans have more than enough unemployed, they don't want any jobs displaced by foreigners (whether the foreigner is from the U.S. or anywhere else). But since the bilateral agreement predates the time Poland joined the EU (2004), that in effect the bilateral agreement has authority over the new Schengen agreement. I have a Hungarian student visa( residence permit) till September and i already overstayed that in Germany cause i didnt know about this rule ( I know its not a excuse) anyway do you have any suggestion for me? My question here, I Wanna go back there because I have contacts there who are making me an offer to work there, Also, American consular officials are pretty smart and careful. 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 have been traveling a lot for work this year, and it appears that I overstayed 2 days on a previous visit. For a little backstory to my situation, I originally came to Barcelona in the summer of 2016 but stayed here because I got married to an Italian. Hello ! 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. Thanks for letting my readers know your story and happy travels! Some countries track their entries and exits via scanning, but all countries do not share each others entries and exits. But if you ever want to apply for another Schengen visa in your life, you could be denied a future visa if you have had a ban. 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. My name is Tom from Korea. However, I wish to stay for at least 20 days. Stay date: 22.03.19 to 31.04.19 40Days If youre not American, ignore this, it probably wont help.). I honestly suggest calling your embassy and asking for advice on this specific case to make sure if you decide to stay and hire a lawyer to appeal you are legally entitled to stay in the country. You had no other entrance stamps from other Schengen countries? There are fines and entry bans. I am also traveling to Croatia this summer. 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). Anyway, I wish you the best of luck. Thanks for the reply, Lindsey. I can demonstrate I can support myself (platinum credit cards, round trip ticket, cash, hotel bookings etc). And thats what happened !! Hey Conor! Also, please note that a German residence visa does not grant you permission to live in Italy. I overstayed by 2 days because I was sicked and I can not moved or fly then I have to extend my stay. VBJ has written 3656 posts on Vagabond Journey. But, they are only in UK for 6 days (due to money and a job falling through there) and are going to try and get back into Lisbon to see their defacto partner again and a couple of weeks later they have finally got their VISA interview with the officials in Portugal to make an application for a longer stay visa for Portugal. I say apply for it and hope for the best! hey victoria, can you send me message on my email though? I know I am a delinquent and have undoubtedly broken the law, but I would really love to minimize my chances of getting fined or banned! How many Americans have you heard of actually getting banned from the EU for overstaying? I dont have an Italian permit yet. Hey George. Thanks for writing in. -Do my wife need to do anything? In addition we are also planning to get married in sweden before the visa expired and after I go back to the Philippines from Svalbard to process the permanent residency permit after getting maried i Sweden If you leave to the UK, you need to still stay out of Spain for about 90 days. I am an American citizen staying in Italy with my Italian fiance. If she did not give you a fine or a special stamp (usually they are triangles), there is nothing that would have flagged you. Im way overstaying, I came January and Im leaving June I wish I never listen to the lawyer. There are slight differences between the various countries in what the penalty would be. My last NIE that was valid was expired on Jan 31st, 2017. Thanks!! Hey Alex! Your case is not an emergency situation as youre just going to hang out. I am seriously anxious over here. As ever though, decisions on border issues remain with national governments within the EU. Please note that the common rule is applicable for other Schengen States, and if its a consecutive trip to Poland you must cross the Polish border directly from a non-Schengen State e.g. He seemed satisfied, stamped my passport and that was it. I think the legal advisor was trying to say you can do a visa run and exit (and get a stamp to prove you left) and then re-enter right away and get a new stamp. Hope this helps! However, Australian citizens have something called a bilateral agreement with many countries (you can read my post on it here)so this basically gives you the right to stay in many countries for 90 days each (France being one of them). My story: thank you so much. I applied in the Portuguese Consulate and with the necessary documents, including a confirmed itinerary of 12-20 November stay, the gave me 8 days. But of the 32 topics that Sally has started, 6 of them have been about Schengen and visa issues. My question is, whom would you recommend I ask? Even if they dont say anything to you when you exit, when you reapply they might deny your visa based on the fact you overstayed your visa previously. If you have more questions, you can always use my contact page to email me. Please see my blog post on the SIS: http://www.everyoneinbetween.com/2017/05/the-truth-about-schengen-information-system-sis/. Is the difference between violating the Schengen agreement and violating the Bilateral. I am going to be leaving out of Madrid after a overstay on a tourist visa for 3 months. And you absolutly do not want to stay illegal for 3 years. (Will they stamp her passport when she leaves Portugal???). Hi, I am Pakistani and currently on a multiple-entry Visa Type D in Italy, for a semester studying abroad in Florence. Hey Balaji! Or is it best to apply from home to avoid any further confusion regarding my overstay? Contact the author. My visa expires on July 25th, 2017 and during July 15 until 20 Ill be visiting Croatia. The new data shows that support in favour of leaving the EU dropped in every member state. The US embassy told me to ask the Italian authorities for advice. And if it will be forever, do u think I should pay? Thank you so much for reading and replying. Thanks for writing in with your issue. I really need your advice! To view it please enter your password below: We update our web site on a regular basis so please keep checking back. Countries like Republic of Ireland, Croatia, UK, Montenegro, etc. I came to Spain in September of 2016 (entered Schengen via Portugal), to live with my fiancee (shes Spanish). I think you should have waited to hear back from the language school, because you cannot change your tourist visa into a student visa within Germany! I am an Indian currently travelign through the Schengen area. he applied again for the permit of stay for the last 2 months but he couldnt get it. I am a American citizen, but I cant find where it states how long I can be in the Schengen area after my visa is finished. While leaving through Zurich in June 2012, I was stopped and fined for overstaying. You would need to register for a tax number if you work, otherwise it would be illegal work, which is a different topic. Hi Li! Fines reported here have ranged from several hundred up to a thousand euros per person. Presumably most people who have been caught and disciplined are not inclined to report it to a Travel Forum. So just be a bit prepared and know what you are going to say when asked about your reason for being in Europe. If he did not make you sign anything, I think youre clear. NZ will not turn you away, but if you are caught in Schengen, NZ control could obviously question your potential to overstay their visa after it expires. Re: Corona virus and overstaying on Schengen visa. Its when you exit a Schengen > non-Schengen. You will not have any border control flying from Finland to Norway. I am just nervous, because it would be after my visa is technically expired. I didnt even know Id overstayed. They may question you, however, if they notice your old stamps. HERE IS A DEFINITE WAY TO FIND IF YOU HAVE AN ENTRY BAN. Is Julius and I am a U.S. citizen with no previous overstays then have! Data shows that support in favour of leaving the EU dropped in every member.... 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