Keep in mind that each country does have its own immigration policy; Schengen is just a minimum standard, so this info applies only to Germany. You should too. Visa nationals. I tried my best not to skip while making my way to my gate, but I was praising this thread and carlamittelsohn all the way home. SO i would not be surprised if the odds of being caught now are higher than 6 years ago. If I had done this I WOULD HAVE BEEN MUCH MORE LIKELY TO BE SCREWED, because a convenient loophole in German immigration law would have been invalid. The reason I started this thread was to find out where and how Schengen was being implemented in various countries. Problems when exiting Schengen area on expired residence permit. However, she said if I just went through the process I'd be much better off and more likely to get the visa, as the officials who grant long-stay visas here seldom care about the 90/180 rule as they're weighing other factors like ability to support onesself, quality of art in the case of the artist visa, etc. ?WHERE: Many places, including EXIT FRA. 4) A national visa permits travel for a maximum of 90 days per semester to other Schengen countries. Integration takes time. Get a life MTL and please deal with you OCD issues (obsessive compulsive disorder)!!!!!!!! No problems, they stamped me and I was on my way. Enter custom title (optional) This topic is … What happened when you crossed the border out of the Schengen zone: The passport control guy told us that someone would come up to take us downstairs for “further questioning” (!). The whole time I was applying for a proper permit, but kept getting the run-around through the IND, even with a sponsor and job ready to go.After about 3 years I finally got a refusal letter as the time limit had expired on this particular route of job permit application. Do you have a Schengen visa question? No part of this site may be reproduced without our written permission. If I thought I might be close, I'd send for a visa. That's the reality. I can't find any current rates, but in 2011 Switzerland issued fines between 200 and 650 CHF for overstaying. / Transit Visa; If this is your first visit, be sure to check out the FAQ by clicking the link above. I mentioned that US citizens get a new 90-days after every entry/exit from Poland, even within an internal Schengen border. I totally screwed up and am panicking about what to do. Expats, Residency and Schengen | Expat Advice. There are two legal documents that are the basis for the 3 month/6 month rule. Those who overstay this period – intentionally or unintentionally – may face penalties, including deportation and entry bans. Exit via ground transport buses best option. Understand the 90/180 rule of the Schengen Area; Use this short-stay visa calculator by the EU to compute how many days have passed; Keep your passport with you, plane or train tickets for proof of travel in and out of the Schengen Zone; Many bad things can happen if you overstay your Schengen Visa. But certainly didn't seem so in Iceland as he was holding the stamp in his hand and didn't even try to examine my passport let alone scan, or check stamps. Some interesting points regarding the calculations: The officer briefly showed me the worksheet he had made up, and when it was done he told me that I could re-enter the Schengen Area two days later because I would be starting a new 180 day period then. I've read that the consequences of overstay can vary quite a bit across EU countries. It might not be possible, but I figured it was worth a visit. Do you have to leave Schengen first for a 2nd period to come into effect? I was able to re-enter the Schengen area, though I left a couple of days later as per my original plans, so who knows what would have actually happened had I stayed another 90 days. In this case, the Swiss immigration officer most probably didn't notice your overstay. If you have entered the EU on a Schengen visa, and now your flight back home is cancelled due to coronavirus, there is no need to panic. You can My friend is from Chile and overstayed their Schengen visa in Spain by a few months. I missed that appointment, and by late September I had decided to 1) stay until mid-November and 2) press my luck flying out of Italy or Spain. The officer briefly showed me the worksheet he had made up, and when it was done he told me that I could re-enter the Schengen Area two days later because I would be starting a new 180 day period then. Then I can go with it and my company employing letter. Border control asked the reason for the overstay and she presented a medical certificate. Finally he stamped angrily and I went on, heart racing in a cold sweat. SO I manage to schedule an appointment the day before my 90th day, which was July 29th since I had spent time in England and Turkey. Actual Schengen Overstay Stories - Post them here, 1) You may stay up to a total three months in a six-month period (usually interpreted to mean 90 out of 180 days). The only issue you could have is actually leaving the Schengen Zone. I'll post again briefly after my appointment in a few weeks to let you know the results of my visa application, but it looks good. How to plan for overstaying Schengen Visa? Brits Overstaying EU’s 90/180 Days Rule to Face Penalties. Then I happened upon this thread and carlamittelsohn's post (specifically part 6 "...if I wanted to leave the country with impunity all I'd have to do is visit the auslanderbehoerde for a form saying I'd been waiting on an immigration appointment. By then I had a girlfriend I was living with, and decided to ignore the paper giving the date of when I must leave. This is what's happened. Now - EU regulation only apply to EU member states and only to some extent to countries associated to the European Union by other treaties. The guy had to search for a dusty old book to find out the rules for Canada. If you are in Qatar, here’s a guide on How to Get a Schengen Visa in Qatar. Granted, this is dodgy as hell and you'd have to convince an immigration guard that you're right on a legal technicality that even legal experts don't agree on, but it's worth a shot, and she said many German border guards considered your stay to be legal only counting back 90 days from date of departure as a result. Once a German guard in Frankfurt didn't even stamp my passport on the way out.Each time though I had my heart in my stomach thinking my whole life could be turned upside down by one day meeting the wrong guard. The overstay in Denmark was for 9 days. © the dutch?? It is the obligations of Schengen that are forging the EU into something resembling a … A Us citizen who overstayed tourist schengen visa in switzerland for about a year, because i was takin a german classes, travelling europe and i found a guy, fall in love in him and just stay with him in switzerland,for a long time not nowing the EU and the schengen laws. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area. 5) The loophole she's trying to threat me through (see my dates above for this to make sense): I entered France and left via Spain for my initial 22-day stay. 6) THE SAFE WAY. Hi there, But in the mean time, I'd love any friendly advice you can provide. Here's the summary and all input is welcome. They needed to do a worksheet to figure out my situation and finally determined that I overstayed 4 days, though their calculations don't make sense to me. If and when SIS II does operate, an overstay will almost certainly be detected. All rights reserved. Once you overstay, you COULD be screwed depending on the guard. Answer 1 of 40: Dear all, I was born in France (but of American Parents), but I still can't find a way to be legal here in Europe, now I've overstayed my Schengen Visa in Germany. So...that's about all the info I have to post for now. Not a word was said, much less a lecture, fine, or ban. As mentioned, the officer told me that I could re-enter two days later, and he specifically told me I could start a new 180 day period at that point and that I could specifically stay for another 90 days if desired. I decided to go in to the office as soon as I got back to Berlin, which was a week or so before my appointment. Of course, i was still going to be a little bit worried until I got through Customs. Ausländer erhalten bei der Einreise einen Stempel in … It is your responsibility to know when your visa runs out, it is your responsibility to ensure you do not overstay your allowed length of stay, but if you are desperate then consider these options: Exit from a non-Schengen state. Hello everyone, I would like to share my story as it's quite comprehensive and needs to be told. Tagged with: Visa Overstay. Between my doubts and the fact that I kinda wanted to stay longer than October 10th, I scheduled another appointment (in mid-September) as soon as I got home. Aufenthaltsrechner - Kurzanleitung in deutscher Sprache Die Europäische Kommission bietet Informationen sowie einen Aufenthaltsrechner für Kurzaufenthalte nach den Schengener Bestimmungen. But I soon found out it was (supposedly) not that hard to get a German visa, and considering that I am a freelancer and was working on my trip, I thought it would be no problem. Fortunately there was another flight that evening which I got on, otherwise I would have been in a lot of trouble, since, as mentioned, I wasn't allowed to re-enter Schengen for two days and was effectively not allowed to leave the Terminal, a'la Tom Hanks style (though this Terminal was not 24 hours). It's entirely possible that I could still get fined/banned even if I follow through with this plan. She said I would get it back whenever I booked a flight (SOON!) When I first came over I had thought the rules were 6 months, with a border run resetting your stay.With this believe I lived in blissful ignorance for about 3 years with never even a peep from border control in amsterdam as I came and went to and from Canada at Christmas and once in the summer each year. Well read on, ladies and gentlemen. (I am a US citizen, btw.) HOWEVER, there are plenty of ways around it, some she'd even consider close to fool-proof. Seeing how I went to Turkey in July and flew in to Belgium on July 12, she figured I had until October 10th to stay in the EU. The only option for staying longer than 90 days is to apply for a visa de long séjour Die Regel über die Dauer des Aufenthaltes für Schengen Visa besagt eindeutig, dass ein Aufenthalt von max. It wasn't nearly as expensive as I was afraid (the whole thing will cost me about 350 euros when I'm done, less money than the potential immigration fine) and it's much, much better going with a professional who deals with situations like this on a daily basis rather than panicking and reading message boards all night. When I re-entered, I did so at Berlin. Now I'm no longer in my 20s and can't live by the seat of my pants any more, and maybe now they are more vigilant. At any time when you are in the Schengen area, you must not have spent more than 90 out of the last 180 days there. Due to economical/political pressure to crack down as well as better co-operation among Schengen countries. You’ll be fine, don’t worry! Actual Schengen Overstay Stories - Post them here. I was kinda like "Oh shit!" Hey Lindsey, thank you for this valuable blog! Luckily it was a new passport that still had 7 days left from the 90 and I was let go, he said "I trust you can book your return ticket before then". Just a quick update with some info from an actual German immigration attorney. Overstays are usually settled with a fine, but in severe cases, you can also be banned from entering Schengen for a period of time. As respectfully as I could, I told her that I thought she was wrong and asked her if she was certain. I've done lots of research on Lonely Planet (and elsewhere) about Schengen, and people mention that very few overstayers post, much less those that are caught. Would it be possible to overstay for a few days or a week? Calculator of travel days remaining under a Schengen short-stay visa Date of entry/Control: Planning Control Passport Enter previous stay(s) in the Schengen area Calculation results will display in this area. I had only grasped the first half — but start talking to your fellow road warriors or Googling things like “overstay in Europe” and it turns out the tentacles of the Schengen zone are really a thing, and many U.S. travelers have stories about being tangled up in them unawares. > Yes. we use cookies to improve your experience on our website. I'll post my story with a quick summary at the top so it's easy to get an overall gist of my case without reading the whole narrative, I would suggest that others follow that format. Will she be able to get Schengen visa again? Reply. This is called a “visa run,” and it is not possible in Schengen countries. We did book and she flew to her home country, resulting in a overstay of 4 days in total. When I showed up in a panic she said to relax, that my case was quite standard, boring even. I overstayed a total of about 6 years in Schengen, coming and going at least 30 times from 2004 to 2011, with a total of about 30 in and outs of the Schengen zone until finally being caught. "). But the refrain of "as long as you have an appointment, you're good" kept ringing in my head, so on Sept 26 I booked an appointment for early November without really knowing why. DATE: 2006-2009OVERSTAY: oftenSTATUS: Not caughtPASSPORT VIEWED: RarelyPASSPORT SCANNED: ? That would be a bit contrary to the concept of a acquis communitaire, so I'm not 100% sure that this is not just a mistake by a local official. This topic has been locked by a moderator. It seems that, at least in his case, the police were not interested in his Visa status. In short, everything's usually fixable, but get someone who knows the system rather than going on rumors. How long have you been in Germany ? What DID happen to me? Aufenthaltsdauer in Deutschland bzw. For those people who currently live in the Schengen Zone within the EU, but still 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). As previously mentioned, the database records are shared by the Schengen countries so even if you get back to your home country without any fine or ban, you should know that your overstaying in the Schengen zone will cause you problems the next time you attempt to enter the Schengen Zone or apply for a new Schengen visa. Europe - Schengen Overstay - I'd love some advice and insight from some other seasoned travelers on a situation that just happened. I asked what embassy?? What documents does my Brazilian girlfriend need when visiting Germany via Madrid? If your visa expires on July 15th, you must leave the Schengen Area no later than July 15th. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, even if you belong to one of the latter. So i said better i go refresh it when I have my graduation certificate. Most all border checkpoints in the world check passports — whether they care or not if you overstay is a different story. Is it possible to enter the Schengen area as a tourist while a German work visa request is in process? No part of this site may be reproduced without our written permission. Travelers can stay 90-days within Schengen, leave for a day, and then come back again. They didn't know what he was talking about. 2) She works with many nationalities, and said that people with Australian and American passports are generally much more well-treated than other countries like Ukraine, Turkey, anywhere in Africa/Asia/Latin America, etc. She was not fined, and was not given a ban. he just repeated The Embassy. I checked with immigration and they said they don't see any problem. If you have overstayed on a previous Schengen visa or already have an active Schengen visa, your application will be rejected. I went home after 3 months (now deciding to obey the rules as I had been finally caught)Ieft after 3 months, again out of AMS, no problems. 20. This topic has been locked by a moderator. FYI, for possible advice, I'm a U.S. citizen with no prior visa violations or overstays. Consequences of overstaying Schengen visa in Switzerland. This means that moving amongst the member states is similar e.g. There are stories all over the Internet of heavy fines, jail time, questions ... but in the end no one was denied exit. Or anywhere else...? I'd love some advice and insight from some other seasoned travelers on a situation that just happened. 7. Newbie Posts: 1. 5) If you stay longer than 90 days then you are overstaying. Verstoß gegen die Visa Vorschriften und overstay So unter anderem auch bei Verstoeßen gegen die Visa Vorschriften. Schengen Visa Calculator is on Facebook. Schengen Visa (Germany, France etc.) Can I travel to England, UK, Ireland after overstaying a Schengen Visa? Schengen Overstay . You could slip by without so much as a warning, or you could receive a substantial fine and even be banned from the Schengen Zone for a number of years. He made me fill out a form that looked pretty flimsy. do you think it would be a problem,? Not worth fighting, unless the final ruling puts a block on my passport, the immigrations officer told me this was unlikely - allegedly the decision will eventually be mailed to me. Leave from another Schengen country other than the one you arrived in (where you got your first stamp). This is anecdotal and not reliable, but it's a tendency she said she noticed. But you need to have all evidence supporting you returning back to your home country. 7. I get hundreds of emails, stories, questions, and comments about travelers having overstay issues in the Schengen zone every month, and find that I can only give crap shoot advice: you may be caught, you may not be. by clicking the Privacy policy link at the bottom of the page. 2021 herrwilkus has kept details of many contacts with police as well as an exit from Frankfurt with a significant overstay, and was not caught. Finally, it does not matter if you have entered Schengen territory on a Schengen Visa, or if you are the national of a country, to which a visa waiver has been applied. Hey Stellar, as long as you have stayed out of Schengen for 90 days or more, and you have a return ticket proving your departure ticket from the Netherlands proving you won’t overstay again, they will probably let you in. I'm leaving after 84 days and will be back again in 3 months.In the meantime trying to find another way to become legal somewhere in the EU although now I have a strike against me in the system. Thorn Tree forum Country forums Western Europe. You will very likely not face penalties for overstaying a Schengen visa during this time. The person I talked to ("Frau G") did not think I had a good chance of getting the visa, and the "extension" I was hoping for while they reviewed my app. Enter Schengen Area April 23rd at Paris.Exit Schengen Area May 15th at Porto(22 days in Schengen Area so far)[Stayed out for 44 days]Enter Schengen Area June 29th at BerlinExit Schengen Area Sept. 26th at Berlin(90 days in this trip + the 22 from the preceding trip = 112 days in Schengen). He said in the case of people of nationalities subject to short-term Schengen visas there can in theory be severe penalties for overstaying, however most commonly there is a fine plus an order to leave in 30 days. Getting a work permit is a completely different story. What to Do If You Get Stuck in the EU Due to Coronavirus? < Schengen student visa ... expires on july 15, i would like to stay a few more days after my visa expire and travel to belgium for a few days on july 25, then go back to spain and take my flight to mexico. According to the 'out of any 180 days' interpretation I stayed much more than 90, though according to the '180 days from any entry' interpretation, I was probably okay. Well, I was caught…. I am a bit confused, as some information I found said 90 days should be fine, but another told me I have to wait for the entire length that I was in Schengen area (so in this case, about 150 days). If so, then take a look at our Schengen visa community forum. September 18, 2014 David Machado Golden Visa, investors visa, Overstay in Portugal, Overstay with a Schengen Visa, Schengen Visa Leave a comment Since several of our investors got a problem of too short term visas while deciding to travel to Portugal we took the … There is no evidence whatsoever that one city is more or less risky to exit from than another. It's not a thing I usually do. Latest Stories | Blog; Expat Tax & Investments | Blog; Insider Knowledge | Blog; Regulation Matters | Blog; SIPP/QROPS Advice | Blog; Aircrew | Blog; Oil & Gas Industries | Blog ; Other | Blog; Advise Me; Friendly overseas pensions advice from an award winning firm. This is very out of character, not that that will matter to the agents. What Happens If I Overstay My Schengen Visa? However, I really want to be in Italy for more than a week (I am in Spain now and plan on going to Italy on the 10th). I stayed there 9 days extra on the Schengen visa. Is there any information out there about how Spain specifically would treat her? But will see how things work out. Unaware of the overstay, I applied for a spouse type in the overstay period. He was very vague and said I had to find out from the embassy on the verdict and to stay away 3 months. and brought her the proof. You will be told the maximum authorised length of stay and (if necessary) notified of any overstay. It’s a community just for people who have questions or concerns related to Europe’s Schengen immigration zone. Once leaving AMS I was interrogated and just said I'd been to many countries and couldn't remember when I entered. 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). (It was "hello" ..slide in,... stamp....slide back.). I would tell them my Schengen visa expired while waiting for my appointment, and that I no longer wanted to apply for the German visa. They may catch you there and either fine you or deport you. We'll see how it works out, and I won't know for another month or so, but I thought I'd relate the info now and post the results later. When I was leaving back for Egypt the passport control officer noticed that I was leaving on the 15th day. The Schengen rules we're discussing are for visa-free travel for short periods of time. You can 3) Long term visas are separate from stays under the Schengen system and time spent in a particular member country whilst holding a national visa does not count towards your 90 day quota. Thorn Tree is currently set to READ-ONLY mode. i suspect that Immigration has become stricter over the years. Therefore, the consequences of overstaying in Schengen territory, whether your visa or the permitted 90 days for nationals of the countries under the visa-waiver program, depend a lot on the number of days you have overstayed, and the country you get caught in. She advised me as follows, and I followed her plan. My original DIY dummy lawyer plan was to fly out of Prague or Warsaw in hopes they're more lenient or disconnected from SIS II. 3. I am the founder and editor of Vagabond Journey. we use cookies to improve your experience on our website. Unfavorable Schengen visa situation. Again, not a single question, just stamp and you're done. certainly interesting. About the Author: VBJ. This is not supporting the notion that a "Visa trip" would work as many times as desired, just that there was an actual specific 180 day period that was about to end and be reset, as opposed to the notion of any 180 day period having no more than 90 days which would be stricter. :). If they find out you overstayed, they could fine you and/or ban you from entering the Schengen Zone for a certain period of time. I have no money to pay the fee but I'd be absolutely heartbroken if I couldn't get back to Europe -- fell in love. "A couple of months" I said vaguely...He took me to the office, on the way some co-workers were saying to him along the way "come on, he's Canadian". All rights reserved. I just exited Schengen on 12/22 via Warsaw Airport after an overstay. Not impossible, but weaker. So this may be a case where Switzerland is still going by the original wording of the agreement (which mentions the date of first entry) as opposed to the newer EU regulation that doesn't. An Interior Ministry spokesman previously told Connexion there is no specific penalty in the case of a person who is exempt from a short-stay Schengen visa (which includes British visitors) overstaying the 90 days. I arrived in the EU on April 18th of this year. And suddenly it was cleared that as we were spending increasingly more time in the European Union, it was high time to educate ourselves about the so-called “Schengen Agreement” adopted in 1985 that oversees entry and exit controls and visits in the “Schengen” or European Union area. If anyone wants more info, please message me.If this makes anyone angry, better to be angry at the system for being so vague and so irregularily enforced. More information can be found by viewing the following announcement. I am an American and have been travelling through Europe for almost 3 months, and my 90 days allowed in the Schengen Zone ends on July 17. This is when a cop there told me that you are overstaying. She gave me back my passport and a paper to give to passport control and I was on my way. How they decide which of my many entrances into the Schengen Area is the actual start of the 180 day period is beyond me, but my guess is that the officer chooses the first entry that is within the last 180 days. 2) In respect to short term visits, the Schengen member states function as a unified immigration area. If you do happen to overstay, here is how to escape: Do not travel to a country outside the Schengen zone in Europe once you have overstayed (England, Turkey, Balkans, Ireland, etc.). If I thought I might be close, I'd send for a visa. Yes, this makes no sense. The chances of you getting a Schengen visa once you admit (or they find out your UK overstay) are slim to none. All in all, I'd advise anyone in my situation who wants to stay or continue to have right of entry to Schengen to get a lawyer. Copy and paste the url below to share the link. answered your question here: http://www.lonelyplanet.com/thorntree/thread.jspa?newPost=true&messageID=21010197�, I promise I'll post about what happens when I make it through. (we have also had reports from people who got fines of more than 1000 EUR). Has anyone else tried this? But it ended up being the quickest passport check ever. I was in Germany last September, my visa said I had 14 days to stay in the Schengen area. All right, well I have a nice little story for you, but first I gotta give a huge shout out to that badass right up there ^^^^, that's right - carlamittelsohn! If you overstay in Schengen and do not get caught – I don’t 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 you’ve ever been denied entry to a country (deportation or banned is this). Yes, this is inconsistently enforced. so you were banned but never fined, right? Just a stamp and no questions. Schengen Overstay Switzerland (Read 1469 times) ID. She advised that if I left via Germany within the SECOND 90-day stay, EVEN THOUGH I HAD OVERSTAYED BY SCHENGEN RULES, there is a fuzzy area in German law that allows for the first entry into German territory to count as first-entry as long as the passport was stamped with an entry stamp and as long as the traveler exits from Germany. They would send you to your country of origin, and if you cooperate and dont give trouble, they would not even fine you. Came back a year later for 3 weeks, entered AMS no problems.On leaving, again they pulled me aside due to the number of passport stamps.They said in a very dispassionate manner "oh says here you're banned until 2013"I went on about how messed up this whole system was, how difficult it was getting proper papers, and how vague their policies are.I asked I hope this doesn't mean more time is added, because I never even knew I was banned.He said, no just an internal thing. Yikes! So I booked to return after 2 months and 3.5 weeks as I had an engagement I didn't want to miss. In order to assist foreign nationals trying to navigate the travel bans for entry and exit to the Schengen zone and remain compliant during their stay, the European Commission has issued some specific guidance for individuals to follow. If she is has a ticket to fly to a non-EU country, say Morocco, would she be allowed to do so? It means that your time within the Schengen Zone will be counted for all of the countries within it, making it very easy to accidentally have a Schengen visa overstay. An update:On the advice of the German consulate in Los Angeles whom I called yesterday, I visited the auslanderbehoerde office in Berlin today and explained my situation to a nice guy at the gate/reception desk. turned out to be less peachy than I was expecting. but before that i went back to see my family in US. I overstayed my Visa and was pulled out of line after my passport was swiped and the immigration officer stared at the computer for a number of minutes. Thorn Tree is currently set to READ-ONLY mode. Schengen Overstay Switzerland « on: January 10, 2017, 08:01:24 pm » Hello! Wording Schengen Agreement :"Aliens not subject to a visa requirement may move freely within the territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry", Wording EC 562/2006 : "For stays not exceeding three months per six-month period,the entry conditions for third-country nationals shall be the following:". All this? I had 6 years ago semester to other Schengen countries she flew to her home.... 90-Day rule differently than most of the European Union treaties Europe - Schengen overstay stories - post here. ’ ll be fine, immediate deportation or even get banned from entering the area... Whether they care or not if you are in Qatar, here ’ s validity was or. With him twice with it and learn to follow the rules, there is evidence. Serious uptight individual and could n't remember when I have read des Aufenthaltes Schengen. From an actual German immigration attorney what he was very vague and said `` uuuhhhh,. 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Active Schengen visa ’ s validity was intentional or unintentional Germany last September, my visa stamps and I.
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