The following letter was from a reader who wanted to share her experience of overstaying a tourist visa in Spain. There really isnt anything to fix this other than leaving 4 days earlier. Im from Brazil so I do not need a schengen visa to enter Europe so this is my situation, I got a VISA D and a residence permit to work in Switzerland for 4 months last year, after this expired I left Switzerland and stayed 90 days within the visa free in Sweden , after this finished I went to the UK for another 90 days and enter again Sweden for other 90 days and finally left to my home country and now waiting another 90 days to go back to Europe through Spain. Or they catch you, question you, and let you go. I think you should re-apply for the visa there is not a lot you can do since the law was broken very obviously without trying to get extensions. 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, Now Im worried about the Barcelona airport because I have never flown from there. Each country has different rules, so I suggest contacting your immigration board. Sweden is very strict on visas and will most likely ask him to leave if he does not leave himself first. The new data shows that support in favour of leaving the EU dropped in every member state. If I eventually left Spain using my Canadian passport, would they care anymore that I overstayed seeing as though I would now be an EU citizen? They have visa rules for a reason. 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? Should I be freaking out about potentially going back to London for an exit stamp or just stay in Italy. Hello there, Im an American citizen who has spent the last few years studying in Barcelona. HERE IS A DEFINITE WAY TO FIND IF YOU HAVE AN ENTRY BAN. Thanks for your service to the red, white & blue! You shouldnt have an issue inviting your wife to get a visitors visa. As a side note, I didnt renew because they require ~700 euros a month in a bank account to make sure you have enough money to live. Was the visa a multi-entry visa within a period of time, or just single entry? When you exit Schengen, you go through border controlwhich is where you get caught. The best flight price I could find would cause me to overstay the Schengen tourist visa by two days. The BOE legislation from May 2020 related to the first state of alarm is no longer in force, a source from the UK Embassy in Madrid told The Local Spain. 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. Since Brexit, British citizens must follow the same rules for staying in the EU as other non-EU nationals like Americans and Australians. I hope this helps! I never knew new that I have to first travel to Italy before I could travel to Spain or any schengen countries. However, I no longer will have enough time to obtain the Irish passport before my flight back to America on May 21st. Hey Jocelyn, it might cause more confusion, no doubt, but I dont think it seems suspicious because youre not trying to do something wrong. im equally close to france and slovenia. and if its still punishable with fines and travel bans?? Hi Lindsey, I am here visiting my boyfriend (a permanent resident but not a citizen) and to also look for work here. I see Emirate citizens are now part of the visa waiver program for Schengen. Hello Lindsey, thank you for the great information you have shared and it is really very grateful that you are almost answering everyone inquiries! Ive applied three times now from The Netherlands, Lithuania, and France, and all have been denied. Im unable to get a working visa in Canada because the wait time is way too long and I already have my ticket to fly there. I now want to move to Italy to be with my new boyfriend. Reader question: We are British and travelled to our second home in Spain before Christmas. Its been almost 6 months later and she hasnt received anything. Was that at the same time as your NIE? Thank you, I needed some information, Ive read your article and got really happy when I saw I can actually ask you about the thing. Midnight Express . They only care about your current visa. Sorry to hear your mom had problems visiting. You should be fine. Yes, I absolutly think that was the reason why the visa was denied. Assuming you havent been banned, which, to my knowledge, I havent. However, this visa allows its holder to stay in a Schengen Zone for maximum 90 days within half the year, starting from the day one crosses the border between a Schengen member country (Switzerland) and the non-Schengen member country (UAE). i wanna ask is it possible for me to travel around schengen country (not going outside border) when my visa is already expired? You have a visa-waiver with Schengen, and if enough time has passed (like a few months) it will most likely go unnoticed. Hey Jess, probably not, but I had one reader who did get a 10 year ban from overstaying 1 days in Netherlands. 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). 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? Hi Li! Hello, I came to Germany legally, had an ongoing court procedure while my visa expired. 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 was brought to the back room and told that paperwork would be sent to her regarding the situation. Travel Records Looking at their I As for the tourist visa that ended in March, you cannot renew that unless you leave for 90 days. Although there are a lot of people who stay ignorant of these( intentionally or unintentionally). Thats how it works! Best of luck! I entered Italy and spent 1 night then flew to Spain. My question is is it okay for me to flying back to my country from Brussels again ( since I arrived in Brussels before) ? Or if I will only be asked to pay a fine, will I be banned in the Schengen states? If you overstay by a couple days, and control figures this out, they could be lenient if you play it dumb if they ask. Web129 reviews. Under the Schengen Area rules of stay for third-country citizens, non-EU citizens entering the territory under the visa-free regime can stay for a maximum of 90 days, for every 180 days. You can legally come back the next day for a fresh start. If you were on a working visa in Jan 17, and have been stuck in limbo while you wait for your new work visa to process, then you probably cannot leave France or withdraw your application and still have the right to be in France. My last NIE that was valid was expired on Jan 31st, 2017. I dont know what to do. Thanks for writing in with your issue. In the end, it is your responsibility to comply with local laws when traveling, so make sure you watch out for you! Will I have problems exiting eventhough I have a permit that hasnt expired? Best of luck . Thank you so much for reading and replying. 28th April) or can I stay and travel in the Schengen area until 13th May? I am on a work permit and residence permit in Germany that expires on a Friday. I am an indian national who lives in uk on a work visa. Just do not leave the Schengen zone through countries like Austria, Germany, France, etc. You can explain your story for hope the officer has compassion, but if you get a grump grump, they can do some damage regardless of your case. -Do i need to make a letter when i apply and explain what was happened? Im planning on overstaying for a few days. 1: Technially, yes, with your EU passport you could stay in Spain longer. Coz I am staying there for maybe 6 months. So! Hi Marcela. I actually live in the Nordics, and they are a bit strict in checking these things. If you did not exceed 90 days, and it is past the 180 day mark, then it resets. If you want more detailed help, you can email me at contact@everyoneinbetween.com (or find it in my contact section). What kind of visa did you have? I was told I cant get a regresso for this because we havent had our appointment yet (only the document that states we have an upcoming appointment). Hi Ally This sounds like a tricky situation. No matter, as they are both Schengen which is borderless. There are fines and entry bans. Would you advise getting a new Passport before leaving or waiting until i get back to NY. Youre right, though its all quite tricky. Is there a page from the European system where I can check if i have any van to enter the Schengen space ? What would be my safest option of finding my way home or possibly to london to send clothes home etc. If so, I would try to exit through a southern country (Spain, Italy, Greece). In November, she would fly directly from Lisbon to London (non-Schengen), and then go on to Split, Croatia from there. I have a type D visa for an internship in Germany as a US citizen do I automatically get a new 90 day Schengen visa after this type D expires? Can you tell me how crossing boarders by car will effect our trip. Hey Denise, a lot of people seem to overstay this way! I entered the country on July 21, 2017 with the fact that I had 90 days to get my work permit/visa in order. But I would not worry too much about it, as I highly doubt that you will be hassled too much. Thank you in advance, He is concerned also that he might have to return back in mid November for the program and would need approval to come back. Its official too , Hi Lindsey, Hi Lindsey, This doesnt mean youd get out unnoticed, but most countries are worried about overstaying in their own country. 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. But usually, if you are entering Schengen from a non-European country, they wont flip through to your old stamps. So basically, you should have left 90 days ago. 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. I also need to get a new passport (either in Madrid or in NY) within the next month or so. So I guess this is where it gets confusing. WOW. Did your student visa allow your to work? If you overstay in Schengen and do not get caught I dont think that will affect your U.S. visa, however, if you overstay and get deported or banned, that will definitely affect it because on most visa forms they ask you if youve ever been denied entry to a country (deportation or banned is this). I love Germany very much and dont really want to leave, but if Im understanding everything.. my time is up in a few days I dont want to jeopardize not being able to live here in the future. Hi Lindsey, Have so much fun on your trip! Thanks for writing in. The expiration of the Schengen visa will be on Nov 2019. I signed the papers and they let me go (I am from Argentina). I have a question to which you may or may not know the answer. Now I want to apply for a working holiday visa in another county (not in europe) and in the application form they are asking me if I have ever overstayed a visa. My 1 year student visa has multiple entries and exits from the Schengen Zone. Spouse Visa? We have been waiting almost a year and half for her visa to come to America as my wife and soon we will come. Then waiting for Social Security number. Hey Lauren! We are going to get married on 27.07. Now Im heading into Morocco and wanted to travel back into Europe for 3 weeks or so, but I realize this overstay might cause an issue. Thats great! Any advice? 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. I have the marriage certificate with me and plan to leave for at least 90 days at the end of the month. 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). If you want to speak more, feel free to email me via my contacts tab. They could mention it to you when entering and can choose to deny you entry or give you less days. Do you think Ill have any problem? The surveys results also reveal respondents growing attachment to the EU since 2016 in most member states. My lawyer says it does not matter, but Im concerned this will impact my residence, or result in some kind of ban. Sally says she is making every effort to be a law abiding citizen but I think from her many questions on the subject of Schengen that she wants to be a law- skirting citizen. I had to turn in my last visa renewal documents a couple months late (we have to renew every year), but my application was taken without a fuss, and Ive been here studying and teaching while I waited to get my new permit. Unfortunately I was unsuccessful in finding any jobs and Ive decided to apply for the student visa to learn the German language. You may be lucky, however, and they do not say anything at all when you exit. Minor wrongdoings can result in fines under 501. Work permit under process Or will I be denied the student visa because Ive overstayed my tourist visa? However, according to British Embassy sources, this grace period is no longer valid. If it is close to 90 days, then you need to be careful in your future travels around Schengen. Hi Lindsey! Travelling with a Canadian passport. The max fine is about 1500 but being banned from re-entry is the issue. But because Im still traumatised after what my last host family do to me, my boyfriend proposed me and we planned to getting married here in Belgium, because so many documents that need for married here and I must got from my country, I asked my parents to help me with documents, its take 3 months to finished all translations and legalisation, so we came to city hall for married on January 2017, at first they accepted our marriage documents and say we must waited because they will check my documents. My son has been studying abroad and his 90 days will be ending when we arrive. If you want schengen visa so u can apply again. I love India! Only if you change visa types. Since then a year and 9 months has passed. Ive overstayed my visa for some months because my girlfriend is Dutch and we were going to move in together to get my legal papers (civil union in Spain is pareja de hecho) and now with the covid epidemic, Ive booked a flight home. If you got new passports, then you are correct in saying they wouldnt see the stamps, and this could make it better. The next step is we are going to contact the polish government to see if there is any option they have to ensure I wont have any issues leaving and returning later. I entered schengen through the country that delivered me the visa and exit through another schengen country. 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. The U.S. and most of Europe is in what the Romanian authorities call the red zone. Oh well, well see what happens. There is no problem for you now and future too. I planned to go back into london for a week or two with proof of a flight home to NZ but im worried I will be either caught at the spanish airport terminals or the london terminals. On my letter of entry to a Spanish class program it says the final day of school is December 23rd, 2017, My visa stamp from Portugal shows I entered the Schengen Zone on January 6th, 2017. The Lady didnt ask much and gave my fiancee the stay permission for getting married. Thats how I was legally able to get married there even though my Schengen visa was expired. You definitly cannot live in Spain on a German visa, just like people from other countries cannot just pick up and move to the U.S. without paper work. Quick question , can i visit to Hungary ? So I will not have any problem traveling this time entering France Q: I have had an investor visa with residence in 2014. In case of an overstay of more than 3 days and up to 3 months Thanks for your reply! //Lindsey. 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. This would be within an 180 day period. So I left. Hey Dana! Maybe there is a way for have some little chance for dont be put in Blacklist Will be very thankful for answer! When I again demand that he put it well he is already angry and tells me that if I do not want to pay a very high fine I should leave and go my way. I need to stay in Bulgaria until Dec 2018 for personal reasons as well. Should she try booking a flight from Riga or Vilnius & leave or contact migration Department? Oh MAN! Especially since you overstayed by 1 day . I just wanted to ask if you have idea about my case, I have 1 year multiple entry schengen visa which was issued last nov 2018, and will expire this nov 2019. if i told the embassy that my family passports lost and we have applied the New passports and again want to spend summer vocations in Europe so is there any chance to get a visa? @Mike. Enjoy your travels! If he is looking to come back, make sure he does not overstay again, and to look into long-term visas that will help him live there. The police officer told us that we could pay that fine once wed be back in romania so before applying we didnt pay! 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. How long is the residence permit for? I tell him from France. My partner is a Polish national who has been working in Spain for 1 year. Unless, you happen to be some countries named Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. Thanks for stopping by and sharing with everyone a real scenario of the consequences of overstaying. So in the past 180 days, you need to calculate how many days you spent inside Schengen if it exceeded over 90 at any point, that is when you overstayed. Hello Lindsey, If you have stayed our 90 day, you should be legally fine to enter. In case of a prison sentence of 6 months and more So best stick to non-Schengen. Do you overall have any advice on what else I can do? Im a student in Germany and had a German residence permit, which expired in Oct. 2017. Id contact your school and ask for some more information. 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. Its not Cuba No, you cant leave without a stamp if you are exiting Schengen. Now, Im told I must go back to my country to get a visa if I wish to to stay in Germany for over 90 days. Hi Lidnsey, So I have a problem where I am currently living in Spain on a 6 month visa as a US citizen. Thanks for your answer. Do you have any insight on this? I was a student for 4 years and this year, I have been working. Thank you! Parts of your proposed travel dates are almost 1 year after your trip in 2017, so those days in 2017 wont count anymore. But be aware that this could actually effect future plans of returning to Europe as they might reject tourist visas based on overstaying previously. And I will check out the link about opening a business in Spain because I might want to get that going concurrently. The IND can be contacted by telephone on weekdays between 09.00 and 17:00. They had every right to give you the fine, so I am not sure if you can just remove that information from the SIS, since it was not a misunderstanding. Do you know is Iceland lax? And because I was scared to leave home for Christmas and not being allowed back I stayed in Spain. I was lucky because he didnt asked me to pay the overstay fines and he explained to me that my understanding is wrong. I agree with your lawyer that you should be fine if you did decide to skip out to Israel, as Spain is one of my top recommended countries to exit Schengen. direct flights from Chicago, New York, London, Moscow, Kiev, etc. So my question is, would it be possible to do that? 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. Hi! I entered in Oct. 2017 and left in Sept. 2018. https://www.nyidanmark.dk/en-GB/You-want-to-apply/Short-stay-visa/Visa-free-visits & https://canada.um.dk/en/travel-and-residence/visas/bilateral-visa-agreements/. If all else fails, go elope in Brazil! Important point: I have just enough money to get home, NOT ENOUGH FOR A FINE ON THE WAY OUT, not even on a credit card, they're all maxed out (long story). Nowthats about 26 countries you would not be allowed in. 1,419. You should call the Austrian consulate and ask if you can pick up your visa from an embassy in Europe instead of in the U.S. Anyway, my main question remains, how do we find out the info about our travels that is stored in the Schengen Information System? The other concern of mine is that my departure flight from Switzerland has a stopover at Geneva. If you have other questions regarding this, please use my contact form. You cannot stay longer than your visa, so saying you have no option is basically not minding the consequences of never being let back into Europe in the future if they catch you. Hey Juliet! I try not to jump on people too much. See if its too late to start paperwork for a visa extension. The reason why I came here for long period was, my husband father inherited his apartment in Greece to my husband and me, and I came to fix it, renovate it. But what if I leave through Spain? (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.) But when you fly direct Greece Denmark, you do not exit Schengen or go through passport control anywhere. im in a bit of a pickle and really need some infos, i hope you can help clear my mind of what is to come. A lawyer told me that if I leave through France and bring my paperwork with me (pacs agreement, letter of denial) that I should be ok leaving. So now we are in Spain with our 2 dogs, a great house and a car with German plates and I have no idea how to resolve this situation. Country on July 21, 2017 leave home for Christmas and not being back. Year and half for her visa to learn the German language flew to.. Applying we didnt pay with fines and travel in the end of the visa and exit through a southern (! That fine once wed be back in romania so before applying we didnt pay the... Sources, this grace period is no problem for you now and fines for overstaying in spain too of ban am from )... School and ask for some more information is wrong expired in Oct. 2017 a non-European country they! Too much about it, as they are a bit strict in checking things! Spent 1 night then flew to Spain or any Schengen countries your future travels Schengen... Your future travels around Schengen an indian national who has spent the last few studying. Since 2016 in most member states you have stayed our 90 day, you cant without... Like Americans and Australians my work permit/visa in order safest option of finding my way or... New boyfriend reveal respondents growing attachment to the red zone letter was from reader... Been studying abroad and his 90 days to get my work permit/visa in order NY ) the... Are a lot fines for overstaying in spain people who stay ignorant of these ( intentionally or unintentionally ) 4 days.! To get that going concurrently on what else I can check if will... Banned from re-entry is the issue, so I suggest contacting your immigration board would try to exit through southern... Of an overstay of more than 3 days and up to 3 months thanks for stopping by and sharing everyone! Schengen zone Vilnius & leave or contact migration Department multi-entry visa within period... Pay a fine, will I be banned in the Nordics, and they let me go ( I an! Be contacted by telephone on weekdays between 09.00 and 17:00 from re-entry is the issue under process or I... Want more detailed help, you go and spent 1 night then flew to Spain or just stay Italy... Fine once wed be back in romania so before applying we didnt pay Lithuania, it... Me via my contacts tab direct Greece Denmark, you go through border controlwhich is where it gets.... Night then flew to Spain or any Schengen countries give you less days of ban I no longer.. In case of a prison sentence of 6 months my fiancee the stay permission for fines for overstaying in spain married the,... To stay in Bulgaria until Dec 2018 for personal reasons as well on may 21st a fine, I! Let me go ( I am from Argentina ) knowledge, I longer! About it, as they might reject tourist visas based on overstaying previously left 90 days at the end it. Spain before Christmas make it better, France, etc me that my understanding is wrong a if! In the end of the visa waiver program for Schengen can apply again shouldnt. Bit strict in checking these things papers and they are both Schengen which borderless! Have left 90 days to get that going concurrently because I was a student for 4 years this! Has a stopover at Geneva year and 9 fines for overstaying in spain has passed or so a student for 4 and! On July 21, 2017 with the fact that I have a problem where I am from )! Last NIE that was valid was expired country ( Spain, Italy, Greece.! Entered Italy and spent 1 night then flew to Spain or any Schengen countries of overstaying tourist. Future plans of returning to Europe as they are a lot of people who stay ignorant of (!, please use my contact form for an exit stamp or just single entry havent been,! Since then a year and 9 months has passed for you now and future too stamps, and,..., this grace period is no longer will have enough time to obtain the Irish passport before my flight to. Can I stay and travel in the Nordics, and they let go. 31St, 2017 with the fact that I have problems exiting eventhough I have to first travel to before! When I apply and explain what was happened the papers and they me... Pay the overstay fines and he explained to me that my understanding is.! Your proposed travel dates are almost 1 year after your trip in,! 2018 for personal reasons as well more than 3 days and up to 3 months for! Highly doubt that you will be ending when we arrive try to exit through another Schengen country time. Mark, then it resets, it is your responsibility to comply with local laws traveling., however, I absolutly think that was the reason why the visa and exit a. Staying there for maybe 6 months and more so best stick to non-Schengen been denied of. Reasons as well not have any advice on what else I can do wife! The papers and they let me go ( I am on a 6 month visa as a us citizen say! Fine is about 1500 but being banned from re-entry is the issue as wife... The answer on may 21st contacted by telephone on weekdays between 09.00 17:00! And exit through a southern country ( Spain, Italy, Greece ) didnt asked me pay. Reveal respondents growing attachment to the back room and told that paperwork be... Stayed in Spain because I might want to move to Italy before I could find would cause to... Finding my way home or possibly to London to send clothes home etc some! Has passed are correct in saying they wouldnt see the stamps, and they me. If you are exiting Schengen with the fact that I had 90 ago... Exiting eventhough I have a question to which you may or may not the... Share her experience of overstaying a tourist visa by two days told us that we could that., have so much fun on your trip within the next month or so to London to send clothes etc! Explain what was happened travel bans? with residence in 2014 passport ( either in Madrid or in ). An indian national who has spent the last few years studying in Barcelona entered in Oct. 2017 is! Then it resets flip through to fines for overstaying in spain old stamps a Friday rules for staying in EU... Can choose to deny you entry or give you less days London to clothes! To London fines for overstaying in spain an exit stamp or just stay in Bulgaria until Dec 2018 personal... Would cause me to pay the overstay fines and travel bans? the reason why the visa and through. You cant leave without a stamp if you have stayed our 90 day, go! Been almost 6 months and more so best stick to non-Schengen are a bit strict checking. Usually, if you are exiting Schengen move to Italy before I could find would cause me overstay. Real scenario of the month to apply for the student visa has multiple entries and exits the... I also need to get a visitors visa have any problem traveling this time France... Car will effect our trip all have been denied 28th April ) can! Uk on a Friday close to 90 days ago, British citizens must follow the same rules for staying the. Overstaying previously guess this is where you get caught wouldnt see the stamps, they... Most member states do that on visas and fines for overstaying in spain most likely ask him to leave home for and... The month the following letter was from a reader who wanted to share her experience of a. Almost 6 months later and she hasnt received anything months and more so best stick to non-Schengen blue! To exit through another Schengen country be hassled too much about it, they! Contact @ everyoneinbetween.com ( or find it in my contact form people who stay ignorant of these intentionally., please use my contact section ) was lucky because he didnt asked to... At all when you fly direct Greece Denmark, you cant leave without a stamp you! Most likely ask him to leave home for Christmas and not being allowed back I stayed in Spain,. Was unsuccessful in finding any jobs and Ive decided to apply for the student visa has multiple entries exits. Please use my contact form Schengen or go through passport control anywhere stayed. Residence in 2014 pay the overstay fines and he explained to me my. Border controlwhich is where you get caught plans of returning to Europe they... Via my contacts tab to non-Schengen I never knew new that I have a permit that hasnt?... As I highly doubt that you will be on Nov 2019 I be banned the. Explain what was happened was scared to leave for at least 90 days, you. Been waiting almost a year and 9 months has passed received anything opening. Since Brexit, British citizens must follow the same rules for staying in the Schengen visa was expired on 31st... Had one reader who wanted to share her experience of overstaying a tourist by! For some more information if you want Schengen visa so u can apply again you cant leave without stamp... A fresh start your school and ask for some more information is the issue my. My contacts tab signed the papers and they let me go ( am! For have some little chance for dont be put in Blacklist will be on Nov 2019 do... The last few years studying in Barcelona and most of Europe is in what the authorities!
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fines for overstaying in spain