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I am an American who has overstayed in Hungary, about two years. Your visa run plan wont work in Schengen (you cant just acquire 90 more days by exiting and re-entering a couple days later). This does sound like a different situation. AH, I see. Can they still fine you even if youve gone home scotch free and then came back? Some countries allow Americans to re-enter on their tourist visa or type C, but I suggest calling to Austrian immigration board for specific info on that! (Many people are waiting 1 year sometime without leaving!). I will have to overstay my tourist visa while I wait for my extended stay to process. Hi Lindsey, I just wanted to make one correction, the SIS which is the system that flags passports doesnt record every time a visa free individual leaves or enters the schengen, so they have to actually page through your passport to get you That being said, individual schengen countries can record this but there is currently no system in place for sharing this information among themselves. However, after not going through customs when entering Spain, I realized something was wrong. Because Im totally screwed then. Do you know what will happen to me? 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. Hey Denise, a lot of people seem to overstay this way! I am an American who will be overstaying my schengen visa by about a month. But you also need to leave from Denmark if you go back home or elsewhere (no layovers in Schengen countries). I wish you the best of luck, and let us know what happens. My previous annual visa expired on July 2, 2018. I am all about travel photos and helping people live in the countries they love. Less than 1 year 500,000 - 2 million. Ive traveled in and out of Spain in that time, but all Schengen countries. Learn from real-life experiences and tips from other UK nationals who have gone through the process. Thanks for your question. If you are denied, you can always try to appeal the decision and continue from there. I found your blog to be very helpful for me. Even after going through all of this worry? Meanwhile I applied to renew my NIE with the student status but it has been rejected as I am working now. Im prepared to pay, and get a nasty stamp that says I cant come back for a while, but I think Ive seen Midnight Express a few too many times and am making myself really worry So basically, you should have left 90 days ago. Tell us: How easy is it to move to Spain as a Brit after Brexit? Since you overstayed your student visa, you cant apply for an extension because it already expired. This is the most comprehensive blog about the subject, Thanks for uptodate info. I didnt plan very well, and flights back home are very expensive then. 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. I came to Spain in September of 2016 (entered Schengen via Portugal), to live with my fiancee (shes Spanish). Ive been advised on best departure points in Spain from free legal advisor. I've read about people in Germany being thrown in jail (this sounds far-fetched to me) and about passports having ILLEGAL IMMIGRANT scrawled on every page in red marker by an angry immigration official, who makes a BAN THIS PERSON FOR LIFE note on your SIS record. I saw on a calculator that my 180 days started a month before my original travels, which would mean the 180 period starts again in a few weeks. Its very informative Sorry to hear your mom had problems visiting. I just wish there was a bit more solid info on this. Yet, overstaying has its consequences, which often may be quite harsh. Or would I just receive a fine? I entered/exited through Spain last time & I am going back to Spainlooking at 2 flight options, one has a connection in Lisbon. Hi Lindsey, I had a quick question . Weve done some digging and found that according to article 53.1.a of Spains Immigration Bill, surpassing the 90 days could be considered a serious violation in the eyes of the law, with fines going from 501 to 10,000, a possible expulsion from Spain as well as a potential ban from the Schengen area for six months to five years.. The stamp could effect you in the future (probably just questioning your reasons for entry), even in other Schengen countries, unfotunately. We dont want our planned next year summer visit to Germany to be jeopardized as well (visa denial etc). Hey Olu, sorry to hear that about your pregnancy. I know I am not allowed to comeback. -Is there any problem if i would like to apply a family visa / reunion visa ? I think it is best to speak with an immigration lawyer with a company that is wanting to hire you, and you can discuss from there. I have a question regarding the layover. You should apply for the extension (Long stay visa type D) before your 90 days are up. Im now in Spain and due to fly back to the UK on the 26th of October to get a flight back to Australia on the 30th. 3 years: Hello! Due to they are EU country . Or will they fine me upon arrival? I really appreciate your page, its helped calm me with my situation. Best of luck and happy holidays! In 2016, I was traveling like mad to Geneva for work purposes. (i didnt respect the duration of stay but still within the validity period of the visa). Thats a good point about visa applications. He has offer to work in other european country and he wants to back to europ. If you have other questions regarding this, please use my contact form. I tried to ask if I had to pay a fine, or if I would be banned. However, once I assured him that I was leaving to go home back to America, he let me through as if it were fine. Thanks for any help in advance! I have overstay a visa from France in 2016 I stay there about 110 days That is how they are counting it. The penalty was a complete ban on entry to the EU for 5 years. By this time I had stayed 4 months. According to the French government, under no circumstances should a person stay past the expiration of their 90 day visitor visa. 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). Hi Lindsey, The question is: can I go to Bulgaria or another non schengen area country in E.U? Technically, your visa has been rejected twice, and I am not sure if you are allowed to keep staying when they are rejecting. I suggest leaving from Italy or Spain. You need to be honest about this. Also, you cannot just stay home for 30 days and then come back to Europe and be cleared. You could always leave 2 days earlier to be 100% you wont get stopped. If this rule is correct I am fine. Now I want to go to Italy for two weeks and Im terrified to be stopped. Try having a layover in Germany or Amsterdam so you go through security first in another Schengen country. Hey Adam! Nowthats about 26 countries you would not be allowed in. hoping you have any words of wisdom for me in trying to solve this small thing. Get it in writing! Especially since work visas can take a couple months to process, you absolutely cannot be in Schengen on a tourist visa while this is processing because you are not immune to being deported if youre caught. If your visa is denied, you will most likely need to show proof of application and denial letter to any border guards when you exit if they ask (which would need to be immediate if you get a denied decision). Also, they can actually deny you entry after you have flown into Europe. I dont think they are looking to arrest or deport babies This is an interesting question though, as I have never heard of it before and there is little information about it. No worries if you cant answer that. Just need some advice. our case is little bit different and I think our family passports dont have record in sis Depending on what country you are from, you might have received less than 90 days inside, and then usually you need to be out of Schengen for 90 days before your next entry. Now Im worried about the Barcelona airport because I have never flown from there. now i am married and have kids. Is it Safe to Travel to Europe in Summer? And therefore wouldnt they would be just as likely to flag me for overstaying as if I were flying Greece-Home? Where I can employ the spokes of the wheel travel strategy from NYC. If they fine you for overstaying your visa, then so be it. There is a lot of paperwork that happens in order for you to have the right to stay in Europe. The surveys results also reveal respondents growing attachment to the EU since 2016 in most member states. Will he be allowed to ever come back into Europe? Hey Ryan! Here is the link for the Schengen extension for a family member of Ireland. My understanding is the worst the Romanians can do is hit me for $600 and ban me for a year. Hey Peter do you hold a Turkish passport? I am worried I will exceed the 90-day permitted limit while awaiting residency in Spain. Many of my readers have been caught in France. Thank you so much in advance, I really appreciate all the information you give to us. I have a question Im hoping you can help shed some light on. Do you have any update to this? I would strongly urge you to not even consider trying to overstay your visa. Yes, you can go as long as your Schengen visa does not expire while you are in their country. My new visa is from : 12.09.19 to 10.03.20, When can I travel next as Im thinking to travel for New Years, Hey! Youre correct that since 91, U.S citizens are allowed to enter Poland for any 90 days period without visa (with doing a visa-run to renew the 90 days). When I go back into Italy at that point, do you know if I will be in violation of my tourist visa (because I had the prior unpunished overstay) or will the 4 months out of the schengen erase that problem? For Americans, there are few options, but here is one for teaching/studying and another work other employment. However I was never chastised my immigration and never paid a fee. Thank you so much for this post-it is so incredibly helpful. I had a job offer, conditional on me securing my own visa. all this talk about visasi dont even have a passport! Now I want to go to Italy in Jan 18. 2: This is a bit more complicated, since I have never dealt with this scenerio. If you are in France past the expiry date of your visa or the time you are permitted to stay without a valid excuse, you may face a penalty. So have these limits been waived during the Covid crisis in Spain? But when you apply for your spousal visa, it could be flagged during the processing if they see you have overstayed on your documents. The immigration board for visas will see your previous visa history when you apply for a new visa, so if asked, dont lie about it. Also, just apply for the student visa you will never be guarenteed the visa, and if youre denied, you just appeal it, maybe with the help of an immigration lawyer. Sil. 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. Ive been overstaying in Germany for 18 months now without any legal document but my only Passport and finally be leaving soon to my country.What I will do is to just go to the airport and and take the risk whatever it would be as I wont return back to Germany or any Schengen country. If you are staying less than 90 days in Spain, as a Canadian, you dont need to secure the visa other than the visa-waiver you have. dont any one do their home work before u travel?????? Hey Leia! Hi Lindsey, I have the following question: my wife overstayed his staying in Europe because I came here to study a Masters Degree in Europe and she applied along me with reason of family ties. If you dont re-enter on a tourist visa, you are technically traveling on an expired student visa. Hope this helps! 7/29/2017-9/10/2017 If they question you about the 10 days that you stayed over, I would just tell them that you had to finish your work with the program you are working for. Thanks for writing in. Today we went to the immagration and showed her our Date confirmation for marriage. I suggest visiting your local City Hall and asking this question. Do you think we wont encounter any problem going back there? Fiona Govan joined The Olive Press in March 2021. The problem is this: Theres nothing on the relevant Romanian government website confirming what the embassy told me. The survey that was carried out both in 2016-2017 and again between 2020-2022 shows that public support for leaving the European Union has waned. Hey Jess, probably not, but I had one reader who did get a 10 year ban from overstaying 1 days in Netherlands. Thank you in advance for your advice! Please note that: The date of entry is considered the first day of stay. I was told by the prfecture de police to not leave the country while awaiting this decision. I have to take the exam and pass in order to continue my studies for the Fall. Hey Alex! However, there are a few rules I have come across as a solo backpacker that just plain piss me off. If you do so and dont notify the German Aliens Department before your visa expires, your next Schengen visa will be automatically denied. I suggesting hoping over to UK until your visa is ready. How do you know this?? a student in Germany. Like I said in my original post, I think you should be fine with your new visa. The max fine is about 1500 but being banned from re-entry is the issue. Question Im a US citizen, traveled in Europe this year and overstayed completely without realizing Id done so. We would therefore advise UK nationals to direct any queries to the relevant Spanish authority. 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. The only problem to solve it is to abide by the rules of your visa to avoid overstaying for next entry. Sally, the law is clear. In exit point officer asked, where is your visa? Again, her original 90 day free tourist visa expires today Oct. 10th. I got a resident permit that expires in 2019. Im so stressed that maybe Police will arrest me when i request for a new Passport in the Embassy I would think that if you were "making every effort" to abide by the law, you would make sure that you were nowhere near the limits of the rule. And just so you know, you dont have to get married to come live with your boyfriend in Sweden! For instance if I leave to the U.K. Once the visa expires and then fly into France before flying to Spain? It is 100% up to the attitude of the guard on duty, but it can be a scenario. what a day, I went to the investigation room, after that, they put me back to the next flight to Dubai, no good at all. I also had my passport stamped. If she overstays, she cannot turn her tourist visa into a student visa or a student application. 1) If I put no, do you think they can find it out? Do you have written on paper from the police that you should stay in the country while awaiting your decision? If I was so fortunate as to be able to spend 180+ days in Europe, I think I'd plan the trip around the rules, not try to make the rules fit my trip. i have doubts because i dont know if the officer at the airport that time put my name in schengen information system. Hello! my passport way back then is philippine passport, now fast forward. (90 days rules) I respect the laws they required and fortunately I have been luckiest person in the world. But the officer didnt bat an eye, didnt ask any questions, he quickly gave me my passport back and off I went. My close friend, he is currently in Sweden. Im holding a Philippine passport. Thanks for writing in. Hey Sam Thanks a lot for checking back! My suggestion is to always leave from a Schengen country you did not spend most of your time in. Would I be able to leave for a few days and return in October? It depends where you have been during your 90 days. They should have taken this into consideraton. Hi Lindsey, your website is awesome, great work. Thanks for the kind words, Sue! 2 weeks for being in hospital, and 3 months because of covid19! My goal was always to figure out a legal way to live in the countries I loved that is why I now help people find alternative LEGAL routes to live in Europe. There are fines and entry bans. the invited us pay for everything and we just want to be together before we have to leave again. Hey! I am a EU citizen with a EU passport (but living in the U.S as permanent resident), Ill be traveling with a U.S citizen this summer. BUT when leaving from Spain my immigration officer was fully convinced that I did overstayed, our conversation was around only 1 minute, in this time I try to explain but finally she said okay okay you know, just go and sealed my passport with a normal exit stamped. I traveled Sweden in 2015 for 26 days and exit before my visa expired (with tourist visa). I think youll be fine, just make sure to pay attention to visa rules, because it can turn around and effect you in travel down the road. You think this would be a problem for getting thr visa? What will happen, is there anything I can do to fix this? I am currently living in Germany with my girlfriend. It might have the information you need on it. If you get married in Denmark, you need to apply for a French spousal visa. I fly out from scheduled to fly out from Stockholm Sweden on the 4th of Jan. I request him, this only happens due to my mis-understanding. Thank you for ur suggestions. However, according to British Embassy sources, this grace period is no longer valid. I entered Paris for 4 days on January 16th, then went to England where I was studying on a short term study visa. Furnel, Inc. is dedicated to providing our customers with the highest quality products and services in a timely manner at a competitive price. So make sure you know what to say. So happy I found this blog! Contact the author. Americans can stay 6 months in UK as a tourist. I was also quite fearful of the repercussions I could encounter, so I was prepared to possibly pay a fine but not much. Otherwise, you would need to apply for a schengen visa extension based on family before his tourist visa runs out on his passport. 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. I have stay out of shengen 7 months I am an American citizen who was in Spain for about 6 months (returned to US in May 2017). So mines a long story. Hi Lindsey! Otherwise, you should call the Portugal Embassy in the U.S. to ask about this officially: http://portugal.usembassy.gov/. Now i have another question. Hi! Sorry about that. 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. My advice is you will need to leave Schengen and re-enter legally in the future and then start the paperwork or, you can marry her anywhere else in the world and then she can legally invite you to come live in Poland. The d visa I am applying for is not schensch visa is a national D polish visa its 180/365 but when I I use this visa would they calculate the 180 days for D visa different from the schengen visa????? I would recommend keeping your length of stays inside Europe less if you are traveling so frequently for work. Sorry to hear. You seem to have quite the travel bug! It is not worth the stress and things are changing. Not even a question about my plans or anything. You would have to apply for the type D visa from outside of Schengen, and once it is approved, you would enter Italy on that visa. It is actually hard to track your journey through Europe. You need a Schengen tourist (C) visa to travel after your D type visa expires. We would like to get married however the issue is that my Spanish Visa has expired. There are always consequences for overstaying in a country. Honestly, each country has different rules for different visas and different citizenships that are not straight forward. My wife and I are Chinese so we need visa. If you are fit to fly, you should proceed with your plans to fly. You definitely MUST go to the country that issued you the Schengen tourist visa, but usually, you get the Schengen visa for the country that will be your main travel destination where you spend the most time. There is no such thing in Schengen as a visa run. He will need to be completely out of all Schengen countries for 90 days before he can return. I flew into Austria on 2nd February this year and since then have been flying in and out (my bf lives here so I visit a lot). Happy to provide some info! . I have my own family now and I would like to go back there with my family for a 3 weeks vacation. (Will they stamp her passport when she leaves Portugal???). Although there are a lot of people who stay ignorant of these( intentionally or unintentionally). When I flew out of Amsterdam, I was held while they tried to determine if I was a U.K. Citizen (I am, but was traveling with a Canadian passport and had been trying to get my U.K. Passport renewed while abroad). She was asked to leave, which is a nice way of immigration to say if you do not want to get deported, please remove yourself from our country by XXX date. When she leaves, she may be stopped by the border police and given a fine or a ban from returning. Of course your passport is checked at the airline desk, but it is to make sure you are the person on the ticket. I think Greece is going to get me with the fine, I heard that, they are very harsh with the fines is not that I have a lot of money, but I choose paying than have a chance not to comeback here to Greece. I fly from Barcelona and have a layover in Frankfurt, Germany. Im looking for a second opinion on this. Do you have any advice? I am flying from Helsinki to Oslo. And it would be helpful to know how many days it was exceeded by. Did you leave Austria like the officer said? Thats why Trump wants to build that wall . According to the Schengen Agreement, you are not permitted to remain in the Schengen Area for longer than 90 days without paying a fine, facing possible deportation, and being prohibited from returning. Then i can fly back from montenegro to uk. Is the SIS a global database or does every country have their own? This is a very informative thread. Hi, Im in Spain and working on nationality based on the new law passed 2015 for Sephardic people. This is all done imaginary, of course, there is no border between Schengen countries. Even if there were stamps, that would mean i have until June 4, correct? I finally was able to get an appointment coming up on the 21 of June, but I was wondering is there any way I can fix my expired visa before I leave Spain even with me overstaying my days in Europe. If you are caught overstaying, this could affect your student visa application for the fall. If youre feeling paranoid about it, you can totally call the immigration officers at the airport you fly into. Can I fly domestically while waiting for adjustment of status? Hello! Hit up the line with the guynot saying that would help butIm saying it Best of luck , Hello, my name is Yazid, well thanks for this blog, really helps, well Im in such a bad situation, my story started one I got visa in September 2018, I overstayed like 10 months, but I only overstayed to study, I learned Spanish, I passed university exams and i succeeded, once I got admitted, I was asked to back to my home country which is in Algeria (north Africa) and asks for student visa, when I left the airport, the agent who checked my passport did not say anything, he stamped it normally, and did not scan it, or registered in pc, now I applied for student visa and Im so stressed, will the visa delivers know that I overstayed, even if they know, am I banned to reenter again? I suggest leaving from Spain, actually. I was allowed to do that when I was living in Greece, and then got my Swedish work visa (I applied from the U.S., entered on a tourist visa to Europe, picked my visa up in Greece, and then was able to enter Sweden on it months later). For example, if I overstay in Spain by 5 days and then fly out (and dont get caught) to Morocco why would Morocco detain me? Germany saw support for leaving the EU fall by 3.8 percentage points, in Sweden the potential leave vote fell by 5.2 percentage points and Spain saw a drop of 4.7 percentage points. Im a US citizen who has overstayed, flight home is Spain>Norway layover (so Schengen/non-EU)>US, and Im leaning towards letting that one go and buying a direct flight from Portugal home instead to reduce the chances of having problems. . Built using WordPress and the Mesmerize Theme. Since you cannot work or technically have the right to live in Netherlands, youd have to switch your visa. You have a visa-waiver with Schengen, and if enough time has passed (like a few months) it will most likely go unnoticed. Schengen only looks 180 days back, so they wont even glance at your previous trips. Best of luck! And how does that effect the 90 days in, 90 days out law of Schengen? My studies will end this October and I want to get back home to Macau, I just want to prepare myself for the situation most likely to happen when I go through the immigration at the airport.. Hey Jo thats rough. They cannot detain you or stop you from leaving. And, while, some have escaped the penalties for overstaying, it's highly risky and not advisable. I havent received any formal response from anywhere until now. On the other hand, I've read about French and Spanish officials stamping passports and waving people through without even looking up from their desks. So really overstaying is not a good choice if you can avoid it. Hey, Portugal is a Schengen country as well. However, but I did not have the correct background check for the visa. The link for the article is: http://www.transitionsabroad.com/listings/living/articles/visa-extension-in-portugal.shtml, This same article says to call CNAI in Portugal for further questions. If you want to speak more, feel free to email me via my contacts tab. Doubts because i dont know if the officer at the airline desk, but it is worth! Call the Portugal Embassy in the country while awaiting your decision into a student application fines for overstaying in spain first. To direct any queries to the attitude of the repercussions i could encounter, so was! Is hit me for a family member of Ireland Portugal??? ) told by the police! My close friend, he is currently in Sweden without leaving! ) under no circumstances a. Not much passport, now fast forward and therefore wouldnt they would be just as likely to flag for... Officer didnt bat an eye, didnt ask any questions, he quickly me. 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