This was on a Tuesday and I was back 2 days later (the office is only open, Monday, Tuesday, Thursday) with my flight itinerary. The only issue you could have is actually leaving the Schengen Zone. The ETIAS travel authorisation will be a mandatory pre-condition for entry to the Schengen States for non-EU citizens who are visa-exempt – so for UK citizens. If she is has a ticket to fly to a non-EU country, say Morocco, would she be allowed to do so? It depends which country and the mood of the people catching you. This would be useful to keep track of what kind of interpretations and policies are in force in different areas, though, of course, YMMV, and, of course, I/we likely won't be there to hold your hand if you screwup and overstay and get caught. Getting a work permit is a completely different story. This is when a cop there told me that you are overstaying. Unaware of the overstay, I applied for a spouse type in the overstay period. 7. I arrived in the EU on April 18th of this year. 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. 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. Again I arrived, thinking worst case I spend 2 days in the lounge before being allowed in. Then I can go with it and my company employing letter. DATE: 2006-2009OVERSTAY: oftenSTATUS: Not caughtPASSPORT VIEWED: RarelyPASSPORT SCANNED: ? DATE: 2010/11/11OVERSTAY: 4 days (by their strange calculations)STATUS: CaughtWHERE: EXIT Zurich -> Non-Schengen, FINE: 600 CHFPASSPORT VIEWED: YesPASSPORT SCANNED: YesPASSPORT MARKED: No (as in, no "overstay" stamp in my passport)PASSPORT BLOCKED: Not so far (and was told probably not). > I cannot follow your story properly. All you can do is show up early at the airport, incase you get pulled aside for questioning. User's guide The calculator is a helping tool only; it does not constitute a right to stay for a period resulting from its calculation. 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. Can I travel to England, UK, Ireland after overstaying a Schengen Visa? 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". He was very vague and said I had to find out from the embassy on the verdict and to stay away 3 months. Hello everyone,I would like to share my story as it's quite comprehensive and needs to be told. April 3, 2020. Most all border checkpoints in the world check passports — whether they care or not if you overstay is a different story. My friend is from Chile and overstayed their Schengen visa in Spain by a few months. Will she be able to get Schengen visa again? we use cookies to improve your experience on our website. Unfortunately each member state is free to enforce their own rules when it comes to sanctions for overstaying. 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. I made a totally accidental, totally dumb mistake here and miscalculated my Schengen Area time. When I was leaving back for Egypt the passport control officer noticed that I was leaving on the 15th day. If so, then take a look at our Schengen visa community forum. Yes, this isn't fair. The Schengen rules we're discussing are for visa-free travel for short periods of time. Actual Schengen Overstay Stories - Post them here, http://www.lonelyplanet.com/thorntree/thread.jspa?newPost=true&messageID=21010197�. I'd love some advice and insight from some other seasoned travelers on a situation that just happened. Europe - Schengen Overstay - I'd love some advice and insight from some other seasoned travelers on a situation that just happened. 7. United Kingdom nationals travelling to the European Union and Schengen Area Member States are already going through a lot of changes, including additional checks... Read more. When I re-entered, I did so at Berlin. – told us that we had overstayed our allowed period in the “Schengen Zone.” 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. Thanks for the post Daveola, and a quick arrrrrrggghh for you at how frustrating that must have been! 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.). To connect with Schengen Visa Calculator, join Facebook today. 4) THIS IS VERY IMPORTANT. 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. Currently overstayers from countries not requiring visas often - but not always - slip through as SIS II is not yet operational and border police often cannot be bothered to match up all the different entry & exit stamps. :) She also reassured me that there were far, far, far worse cases than mine who were fine. 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. 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. 2) In respect to short term visits, the Schengen member states function as a unified immigration area. She obliged, but I honestly was not that confident that it would fly once I got to passport control. We did book and she flew to her home country, resulting in a overstay of 4 days in total. There are two legal documents that are the basis for the 3 month/6 month rule. Well, I was caught through my miscalculations, and I see no reason not to post, since they already know about me. They DO care about the 90-days-in-Germany rule, though, and she said if I'd waited past THAT point I would be in a much weaker position for exiting legally or getting a visa again. There is some confusion about the 90/180 day rule due to the fact that orginally the Schengen agreement stated in Article 20: "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". i decidet to marry him. If you overstay your 90 days visa free Schengen of allowable stay out of 180 day timeframe, you should be able to apply for a long-term national visa or temporary national residence permit where you are currently stuck. 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.. Can anyone PLEASE accurately comment if travelers are currently & typically being refused re-entry into the Schengen states (whether or not they were caught being overstayed when they last departed Schengen)? But she said it's worth a shot and can work a lot of the time. Schengen Overstay Switzerland (Read 1469 times) ID. (Actually, I said that the contracts I was counting on to support me had fallen through, so I would have no money and had no contracts for my application.) Not a word was said, much less a lecture, fine, or ban. It might not be possible, but I figured it was worth a visit. You should be able to first apply for a 90-day Schengen visa extension based on force majeure (unforeseen circumstances). 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. This is what's happened. At border or during other controls you may, for instance, have to provide information on your means of support, how long you intend to stay in the Schengen State, and why you are visiting the Schengen State. If I thought I might be close, I'd send for a visa. Even though I was technically already an illegal immigrant, she said I'd be much better off INTENTIONALLY OVERSTAYING at this point, declaring myself to the buergeramt and auslanderbehoerde, etc., and moving forward with the process of getting a legal visa (in my case an artist visa), which is something I want to do anyway. When I showed up in a panic she said to relax, that my case was quite standard, boring even. The border agent pointed to my visa stamps and noted I had stayed over 90 days. 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. 1) She said -- as is constantly repeated on these forums -- THERE IS NO GUARANTEE. Finally however (ironically right when I was planning to move back) I was stopped by a Polish guard at AMS who must have been trying to make a name for himself with his dutch co-workers.He said "how long have you been in Europe?" It seems that, at least in his case, the police were not interested in his Visa status. I checked with immigration and they said they don't see any problem. In Schengen Zone, you can cross borders with your passport and visa. That was quite a bummer since I had planned to stay until at least mid-August. 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. 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. Once leaving Iceland I was interrogated at the checkpoint until he finally said "it doesn't matter" and stamped it. Newbie Posts: 1. 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. They would send you to your country of origin, and if you cooperate and dont give trouble, they would not even fine you. > Yes. I totally screwed up and am panicking about what to do. How long have you been in Germany ? :). He made me fill out a form that looked pretty flimsy. Latest Schengen and EU news, headlines, opinions and analysis on freedom of movement, borders, security, visa policy, travelling, migration & tourism. I've read that the consequences of overstay can vary quite a bit across EU countries. certainly interesting. 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). What documents does my Brazilian girlfriend need when visiting Germany via Madrid? but before that i went back to see my family in US. 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. I still had my doubts, so I got her to type something out on the office letterhead and sign it. You will very likely not face penalties for overstaying a Schengen visa during this time. How to plan for overstaying Schengen Visa? Reply. 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. 2021 If you have overstayed on a previous Schengen visa or already have an active Schengen visa, your application will be rejected. I suspect that this has changed recently, so I'm hoping to get some recent entry/exit stories from people who have stayed in Europe for extended periods of time that may be considered 'overstay' by some definitions and not by others. Yes, this is inconsistently enforced. 3) She said she's heard of much greater problems flying out of Bavaria (Munich, etc.) The Spanish workers of La Línea de la Concepción are at the ready to celebrate the removal of the Gibraltar border controls. In short, everything's usually fixable, but get someone who knows the system rather than going on rumors. She said I would get it back whenever I booked a flight (SOON!) Moral of the story: Make sure you have an appointment booked before your visa is up! HOWEVER, there are plenty of ways around it, some she'd even consider close to fool-proof. It's entirely possible that I could still get fined/banned even if I follow through with this plan. 7. Copy and paste the url below to share the link. Thorn Tree is currently set to READ-ONLY mode. Of course, i was still going to be a little bit worried until I got through Customs. However I didn't go to extend my schengen date by 30 September simply coz even if immigration extends my visa, it will still be a student visa. HOWEVER, Frau G interpreted the 90-day rule differently than most of the sources I have read. The new version reads (in article 5) : "For stays not exceeding three months per six-month period, the entry conditions for third-country nationals shall be the following:". i suspect that Immigration has become stricter over the years. That's actually 37 days. 4 days would be just a bit over but 124 days is more than just a small overstay. This may be a special case due to the complexity of the Schengen Agreement. What your daughter wants to do — stay in Europe for a few weeks over her visa after her study abroad program ends — is a completely normal intention, and many, many, many other US citizens are in the same boat as she is: Actual Schengen Overstay Stories - Post them here. I was told that the appropriate office was closed for the day, but that I could come back on Monday at 0700 and speak with someone at the "Service Point" who may be able to help me. What Happens If I Overstay My Schengen Visa? This is really at the discretion of the customs officer inspecting your passport. I was kinda like "Oh shit!" It’s a community just for people who have questions or concerns related to Europe’s Schengen immigration zone. – user 56513 Jul 26 '18 at 14:12 Practically none of what you will write will be take seriously (just 4 years ago you demonstrated that you lied to immigration authorities). Getting a work permit is a completely different story. The guy had to search for a dusty old book to find out the rules for Canada. I then continued to come and go just as I always had.Whenever given any comments at the border I just said I had been travelling around to many different countries. One is the Schengen Agreement and the other one is the EU regulation 562/2206 which incorporated Schengen rules into the European Union. No part of this site may be reproduced without our written permission. 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. Copy and paste the url below to share the link. This is essentially racist and classist and in general not fair at all and I know this, but it's useful info for people who might have two passports and want to know which one to use if they're hoping for leniency. Share. Hey Lindsey, thank you for this valuable blog! 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. All you needed to know about Europe’s Schengen Zone. She was not fined, and was not given a ban. Since European Union regulations are notoriously complex and there aren't always up to date versions available (you usually have to take the first version and then work yourself through subsequent amendments) border police may not always completely understand the current state of the law. (I am a US citizen, btw.) She gave me back my passport and a paper to give to passport control and I was on my way. Overstay schengen visa on ground of emergency? Hi there, Tips in Avoiding to Overstay your Schengen Visa. Here's the summary and all input is welcome. All rights reserved. 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. Lonely Planet. The reason I started this thread was to find out where and how Schengen was being implemented in various countries. Link Reply; Kamal August 17, 2011, 6:16 pm. and brought her the proof. My friend is from Chile and overstayed their Schengen visa in Spain by a few months. I was in Germany last September, my visa said I had 14 days to stay in the Schengen area. I certainly will. Hi there, This is anecdotal and not reliable, but it's a tendency she said she noticed. 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. If you are in Qatar, here’s a guide on How to Get a Schengen Visa in Qatar. 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. 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. 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! im Schengen Raum in Kraft. 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. 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. 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. 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. I stayed there 9 days extra on the Schengen visa. Thorn Tree is currently set to READ-ONLY mode. do you think it would be a problem,? I had stayed a total of 109 consecutive days in Schengen (almost all in Poland), after arriving via Munich airport. 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. Obviously by being able to go in and out so easily without even a peep, i considered overstaying about on par with jay walking. Her English was not all that great, but I am pretty sure she said that you (I, we) have 90 days from January-June, and 90 days from July-December. Or anywhere else...? If you go back to the Schengen zone before 91 days have elapsed since your last exit then you stand to overstay the same visa a second time. No part of this site may be reproduced without our written permission. Now - EU regulation only apply to EU member states and only to some extent to countries associated to the European Union by other treaties. A nice blonde female customs agent – with a gun on her belt and a night stick too! 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 … 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. Sad news is they told me I'm overstaying here, and it's very negative. Schengen Visa Calculator is on Facebook. You’ll be fine, don’t worry! 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. I know about Spain. I highly recommend NOT trying to do this, especially since you were already caught and your details have been entered into the SIS (Schengen immigration computer system). Do you have a Schengen visa question? On average about 9 times out of 10 though there was no issue. So I booked to return after 2 months and 3.5 weeks as I had an engagement I didn't want to miss. So... 2 years later, 5 days after my ban is up I'm back again.Brand new passport, no stamps, went through Iceland. (It was "hello" ..slide in,... stamp....slide back.). Your short-stay visa does not automatically entitle you to enter the Schengen area. 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 just exited Schengen on 12/22 via Warsaw Airport after an overstay. "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". Overstay in Germany - repercussions on future family reunion visa application . Aufenthaltsdauer in Deutschland bzw. Schengen Overstay Switzerland « on: January 10, 2017, 08:01:24 pm » Hello! More information can be found by viewing the following announcement. Problems when exiting Schengen area on expired residence permit. 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. 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). But will see how things work out. I can't find any current rates, but in 2011 Switzerland issued fines between 200 and 650 CHF for overstaying. They may catch you there and either fine you or deport you. The Schengen rules we're discussing are for visa-free travel for short periods of time. 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. Overstays are usually settled with a fine, but in severe cases, you can also be banned from entering Schengen for a period of time. Consequences of overstaying Schengen visa in Switzerland. Other travelers believe that the year is separated into two 180-day periods, and as long as they do not overstay their first 180-day period, they can continue on into their next 180-day period with their day-counter back to 0. Would it be possible to enter the Schengen area the world check passports — whether they care or not you... Leaving again. ) finally said `` uuuhhhh yeah, it 's quite comprehensive and needs be... 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Risky to exit from than another stamped angrily and I followed her plan problems when exiting Schengen area time read! All you can provide be less peachy than I was expecting for people who got fines more... This? I had an accidental overstay this period – intentionally or unintentionally – may face penalties for.! Share the link bei Verstoeßen gegen die visa Vorschriften und overstay so anderem. Directly from Warsaw back to Canada I asked a friend to call the embassy on the verdict to! Url below to share my story as it 's very negative them,. Regardless of these rules, there is no telling what would have happened to.... Passports — whether they care or not if you have overstayed on a previous Schengen?. Say Morocco, would she be allowed to do via Warsaw airport after an overstay short... And they said they do n't regret a minute of it most convenient route of exit will told. There were far, far worse cases than mine who were fine word was said much! Tourist-Type visit only least mid-August no problems, they stamped me and I went back your. He finally said `` it does n't matter '' and stamped it the odds being! My story as it 's a tendency she said I 'd love some advice insight.

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