Schengen Treaty and Overstaying Visas (Updated 2023)
However, there are a few rules I have come across as a solo backpacker that just plain piss me off. I have found many threads on the internet showing that many people are also concerned about some of these laws as travelers.
The Schengen Treaty
Being an American citizen, I am rather lucky because I get a free waiver visa throughout basically any country in Europe. I also have the right to stay legally as a tourist for 90 days (3 months) in any country in Europe. 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. Then you only have 90 days in all of these countries combined.
Here is what the Schengen Treaty states:
- You must apply for a “Schengen Visa,” if you are not specific countries (not including EU citizens, Americans, Australians or Canadians).
- You may stay 90 days on a tourist visa in any 180-day period. This means that out of 180 days, you can only be there 90 nonconsecutive days on a moving basis.
- You DO NOT get 90 days in each of those countries (unless your home country has a bilateral travel agreement)
- Those countries are borderless, and once you enter any one of those countries, you have 90 days in all the combined countries.
- Therefore, if you spend 1 month in Italy, 3 weeks in Spain, 1 month in Germany, and 2 weeks in Greece...you have suddenly overstayed your tourist visa and are able to become fined 300-1200 euro.
What. The. Hell.
Looking on how to stay legally in Europe? I had advice on that too! Read more.
Anyway, the truth of the matter is you could be anywhere in Europe. You could have traveled by car and no one stamped your passport. It is actually hard to track your journey through Europe.
So…how do you know you overstayed?
You need to calculate it. In fact, I have a calculator right here you can use for free. Check it out!
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.). They may catch you there and either fine you or deport you.
- Leave from another Schengen country other than the one you arrived in (where you got your first stamp). The Schengen countries track their own exits and entrances, but they don’t communicate to each other this information.
- Fly/take a boat back to your home country or another destination directly through a Schengen zone country other than the one you entered from. They won’t deport you if you are already leaving, and it is easier to talk your way out of a fine if you are on your way out rather than them catching you already in.
Advice for if you have overstayed…
Chill and take a deep breath. If you have overstayed by one day or 8 months, the fine could still be the same depending on the officer. However, it will not go past 1200 euro. There are many people who are living in Schengen zone countries without residence visas. I would research at your own will for those situations. You can search on bootsnall.com. Working illegally, however, is another issue.
For more information on how to get a visa and work in Europe, please visit my How To Work In Europe section. You can apply for long-term visas if you know you will stay extra time. I suggest it, but if you wanna rough it, it is totally possible and hundreds have and are doing it right now!
M
October 15, 2022Hello, I have overstayed in the Schengen for 3 months so far and continue to do so until I get residency. Is it ok to travel within the schegen?
Lindsey
April 23, 2023That’s pretty risky, M. Because in order for you to get legal residency, you need to have legal status – which you don’t have if you have overstayed. You can travel wherever you want, but you are running the risk of getting your passport/visa checked if you do so. I wish the best to you.
emmameghansvi
June 11, 2021Very useful post, really thank you so much for providing such information. I am really glad to see this article. By the way schengenvisaitinerary.com providing Flight Itinerary, Hotel Booking and Travel Insurance documents with up to 50% discount worldwide.
Rohit
June 8, 2021Hi lindsey , my brother overstayed in spain for 3.5 yrs and he came back to india, no question in barcelona airport, he had gone in greece 1 month schengen visa in 2017, he than overstayed in spain for 3.5 yrs and exited from barcelona on jan 2021 , no question just stamped exit, he now wants to apply schengen tourist visa again, can he do that ? Will they know about his 3.5 yrs overstay or not , he will be applying in country other than greece and spain , he had entered greece and after 3.5 yr exited from spain , will he get visa , what are the chances and circumstance, thanks in advance ,
Les
March 28, 2021When voluntarily leaving a Shengen country, after overstaying on a British passport, can I travel to a 3rd (non-Shengen) country or must I return to the United Kingdom…..I haven’t lived there for 50 years ?
Alberta
March 8, 2021Hi there,
I was unable to afford plane tickets back to the US and got stuck because of corona. It’s a long story but I got stuck in the UK, then was able to travel to Germany, but then the second wave of corona hit and I got stuck again.
Without being allowed to work, the money ran out quickly and I had no support from the US. This has caused me to overstay 6 months in the schengen. I find raised and finally found affordable tickets. But I have to fly from Germany to Spain for layover then out of Spain to Costa Rica, then to the US. (What a headache…)
Question is, do you think I will be stopped in Germany? I know it’s more harsh in this country as opposed to Spain. And also, if I am stopped will that affect my ability to be let into Costa Rica?
Thanks.
T
March 6, 2021Hi Lindsey,
I am very happy i found your website. I have a situation and i cannot find an answer anywhere!
I hope so you can clarify some stuff for me. My boyfriend is here on a Schengen Visa type C with me, in the Netherlands. Now, his 90 days are almost up but we don’t want him to go back to his country. He deserves a better future.
We are thinking about moving him to Spain (let him fly there before his visa expires) and let him overstay there while he applies and awaits some paper (Arraigo social) in Spain. Now i am a little bit worried because this can take some years and i am his guarantee, and so responsible for all the costs until he leaves the Schengen Area. Have you got any idea how big the risk is that he will get caught? Or is it in some case ‘legal’ for him to apply there for the ‘Arraigo social’ while he is overstaying his visa? Do you have an indication for how much the penalty / fine can be for us? I am willing to take a gamble for a penalty I can oversee but a little worried it might be thousands of euros? I hope so you can help me out here, we just got some weeks left. Thank you so much in advance!
Luke Stotz
March 4, 2021Hey Lindsay, your blog has been very helpful!
I’m an American working remotely with my girlfriend (from Croatia) in Tenerife, Spain and I’ve overstayed for 3 weeks. I have been unable to move back to Dublin, where I am studying (with residence) so we are trying to make it to Croatia. There are no flights to Eastern Europe that are suitable because they all have layovers through schengen countries and of course I would be barred from entry. The only exception is to take seperate flights from Tenerife-Dublin-London-Zagreb over the course of a week.
My question for you is whether it is worth it for me to split up from my girlfriend and try to fly through London now, meeting back up with her in a month, or wait until the airlines reopen in 3 weeks and fly together. In this case, would adding 3 weeks make much of a difference to the overall penalty? We were seperated for 3 months at the start of the pandemic trying to fly internationally so we are a bit hesitant to split up, not to mention the extra accomodation and flight costs. I could really use some experienced advice here.
Thanks so much!
K
March 2, 2021Hi Lindsey,
You seem incredibly helpful and knowledgeable about travel information, so I’m hoping you can offer some guidance on this very weird situation I have.
I have a residence permit in Italy as a student. I came back to Europe in April and flew into Frankfurt, in the confusion of flying in during Corona (and maybe because I had my residency permit) the border agent forgot to stamp my passport.
Now here we are mooooonths later. My residency card has expired, and I have the receipt from the questera (Italian immigrant officers) stating that I’ve gone through the renewal process, but I don’t have my physical card yet. I want to leave from Frankfurt at the end of April without my card and only the receipt. What will happen since I have no stamp of my entry and do not have the physical card for my residency? Should I take a train back to Italy and brave the Austrian border police so I can fly from there?
I know this is incredibly specific so you may not have answers. I just wanted to ask you first before I talked to my school because I know they’ll be unhappy with me. *insert sweaty smiley emoji here*.
Thank you!
K
Sam
January 24, 2021Well, here goes nothing…jeje
We (wife, son & now dog), entered Schengen by way of a car at 3 in the morning coming from Croatia into Slovenia December of 2017. We had been traveling Europe for 2 years already, bouncing in and out for 90 days in one zone, and then 90 days in another etc. We knew the drill…..cross the border, scan the passports, get a stamp, and on our way. This time however was different, we left Croatia, got our exit stamp, came to the Slovenia border, handed him the 3 passports, and nothing….no scans, just a quick stamp and handed back almost as fast as I had handed it to them. We headed back into the zone, to Spain, which is where we are right now. We have been in Spain for 3 years, no visa, no NIE, nothing. Our son in enrolled in school, we live off savings and investments. We have an apartment, a sweet deal with a lady we met by renting the place on airbnb. I have a valid drivers license from the US, I have even renewed it since we have been here. We occasionally rent cars, take trips to other countries…we are planning on staying another 2 1/2 years and then go home to the US. We figure the damage is done at this point, what’s the point? Either we make it another 2 1/2 more years, and try come cockamamie way to get out without a huge fine or get banned for eternity. But…..
There is always a but…….our passports were never scanned into SIS, this I know for a fact. Our passports have never been scanned by any Spanish agency. Our evil plan……call the embassy in Madrid in 2 1/2 years, tell them our passports were partially destroyed by water damage, get 3 new passports issued, take a bus down to Gibraltar, and take a ferry from Spain to Morocco. Fly home from Morocco.
We’ve made the trip from Morocco to Spain and vis versa a couple times, we know the routine. Lying is bad, we know the drill.
So, we either get banned for life or fined 1200, or banned for 3 years and fined 1200, or nothing at all. Play the dumb American could work, though might not. If the wife and I get banned no biggie, we have been traveling enough for several lifetimes so I’m ready to go back to the US and rot away. I can’t imagine our son would be banned for the sins of his parents, or would he?
Thoughts?
Non
August 8, 2020Hi Lindsey,
Thanks for these amazing blog! It is super beneficial!
I had a weird situation here! I overstayed in Austria for 6 months! 2 weeks for being in hospital, and 3 months because of covid19! I was allowed to stay for only 90 days.
I left the area on the 4th of July! And officers stopped me and started to ask me why I overstayed! Also they asked me to pay 500€ in cash! When I said I don’t have cash, they took my info and said that they will send me a fine to my address in my home country!
Today I received a fine of 600€ should be paid or objected within 2 weeks!
My question here, I Wanna go back there because I have contacts there who are making me an offer to work there,
so if I paid will i still face problems getting visa!
If it will affect it! So how much time will this last! And if it will be forever, do u think I should pay?
Hope to find a reply 😞
Lindsey
August 26, 2020Hey! Oh MAN! I hope you are feeling good now. So sorry to hear about your experience with covid. Also, thanks for sharing your story. Many people don’t see the stories of people who get caught – they just hear the myths haha. Here is the deal – if you don’t pay the fine, you’re basically banned from all Schengen countries until you do. If you pay, then it’s cleared and you shouldn’t have trouble with a work visa. You should definitely pay the fine. Hope this helps you! Stay safe. ♡
Anonymous
July 31, 2020Hi Lindsey,
I just had a few things I was wondering if you could clarify.
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? I’ve also been to Austria in the last 180 days so would that trip already give me the Schengen visa? What about if we didn’t fly and we’re not stopped at border control?
I’m leaving Germany a week after my type D visa expires, because my visa expires on my last day of work and I needed to pack and I needed it to be a weekend for my roommate to drive me to an international airport. I didn’t consider the expiry date when booking a flight, because it was my last day of work I didn’t think I would have to pack up and leave that day. I’m just worried they will only see my expired type D visa and stop/fine me when I go to leave. Am I technically overstaying?
I plan to have my work contract with dates as well as some other receipts from Austria in case they stop me, but I was just unclear on if I was allowed the tourist visa after my type D expires.
Let me know if you have any insight or points of clarification.
Thanks so much!
Lindsey
August 26, 2020Hey! When your resident/work permit expires, you can have 90 days in Schengen minus Germany. You’ll be fine! Have fun!
Karen
July 27, 2020Hi Lindsey,
My daughter is from Australia but is currently in Lithuania & has overstayed the 90 days by about 7 weeks. She originally landed in Riga as that airport was closer to where she stays in Lithuania. We are panicking as we don’t know what to do. Should she try booking a flight from Riga or Vilnius & leave or contact migration Department? To get home to Australia she’d have to fly to UK first. What do you think the outcome would be if she flew to the UK? Appreciate any advice
From a very concerned Mum
Lindsey
August 26, 2020Hey Karen! Australians have a lot of bilateral agreements, so I am sure she will be fine. If you don’t know what that is, I have a blog about it: How to Travel in Europe Legally with Bilateral Agreements. I suggest just booking her flight home however you can. Best of luck!
Jackie
July 25, 2020Hello Lindsey
I’m Jackie from Mexico and I’ve seen a similar situation in your blog but when you replied I was kind of confused by the answer. I had a student visa (Spain) for 6 months and because Mexicans don’t need a visa for the Schengen zone, I was told I could use my 90 tourist days in addition to my VISA, my visa expired on july 30th 2019 and I left from Germany on august 7 however, I wasn’t told that I had to leave the Schengen Zone to re-enter as a tourist, when I was leaving the country an officer made me sign documents about the crime I had committed and he said they were going to send a latter to the address I gave them, I left the country without a fine and with the normal stamp ( I’ve read sometimes you get a red stamp).
It has been almost a year and I ‘ve never got the letter, I’ve even sent a couple of letters to the German police to get my SIS status, once directly to the police address,other to my german boyfriend so he could send the letter to the police and they never reply.
After Coronavirus I would love to visit Europe and my boyfriend, but I don’t know if I’m banned, If I have to pay a fine or if waiting 18 months to go would be enough.
1.- What do you think my punishment is?
2.- If I go to UK, could I be deported or my entrence denied for overstaying in the Schengen zone?
3.- Do you know by any chance what can I do to solve my situation?
Thank you so much in advance, I really appreciate all the information you give to us.
Greetings from Mexico, I hope you are doing well ! 🙂
Gallen K
July 7, 2020Hi Lindsay!
I overstayed my schengen visa in Italy by about a month during the corona virus. I had the capacity to go home to USA but chose not to because the situation felt more dangerous because of the rapid spread of the virus. They did not stop me on the way out of Italy, so I didn’t get penalized for the overstay. Now, in another 2-3 months (after I will have stayed out of the EU for about 4 months) I would like to go back to Italy on a schengen visa.
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?
Thanks so much!
Lindsey
July 7, 2020Hey Gallen! Glad you made it out ok. I would stop and think for a moment if a Schengen Tourist visa is right for you? Usually normal tourists are not frequently going back and forth to Europe for periods of longer than 90 days each time. Border guards can spot this type of behavior eventually. If there is a partner there or even a business opportunity, you might want to check out D visas, which are residence. Anyway, for your current situation, I think you’ll be fine because you’ve stayed out for at least 4 months. Travel anywhere is a bit off due to corona, so you never know when borders do close if there is a 2nd wave. Be safe and careful out there! 🧡
Adrian Gamble
June 29, 2020Hello, I came to Germany legally, had an ongoing court procedure while my visa expired. The family court procedure is now over, And I am now somewhat illegal . I Have been legally registered here in Germany with ID number and Proof of address with the amtliche Meldebestätigung. Now, I’m told I must go back to my country to get a visa if I wish to to stay in Germany for over 90 days. I’m confused, scared and done know what to As inform want to be deported nor barred, which I am afraid will happen( barred) if I do. Can you advise me?
Lindsey
July 7, 2020Hey Adrian, sorry to hear you’re going through this during this rough time in the world. If you’ve been advised legally to go back to your country, then you should probably go back to your country to wait on a visa. In Germany, depending on your citizenship, you cannot just change a tourist visa into a work or residence visa (If you’re American, then you register within the first few weeks on arrival). If you have stayed over the 90 days, unfortunately you are accepting what could happen to you – which is being barred from returning for some time on your exit. It’s part of the consequence that I warn everyone about on this blog post. However, if you leave on your own accord, you won’t get deported (that doesn’t happen if you’re on your way out). I suggest trying your best to get home to your country because if they won’t give you a visa while you’re in the country and you try to stay anyway – your only choice is hiring an expensive lawyer to try and fight your way around visa laws, which everyone is subjected to. I wish you the best of luck during this difficult time.
Louise
June 19, 2020Hi Lindsey,
Thanks for such a helpful blog!
My family and I have been stuck in Europe due to Covid and are trying to work out what our next step is.
Can I ask why I should not travel to another non-Schengen country in Europe if I have overstayed my visa?
Also, when you say that the Schengen countries do share info does this include if we are needing to fly?
Louise
Lindsey
July 7, 2020What a SITUATION, right? COVID has the world at a stand still. You can travel to a non-schengen country, but you cannot cross back in (even for a layover) unless you stay in that non-schengen country for 90 days. However right now, everything is very messed up in Europe because many countries have closed their borders to stop the spread – which has changed the rules of the freedom of movement between Schengen member states.
Chelsea Spohn
June 18, 2020Hi Lindsey,
What are your thoughts on leniency with a Schengen overstay due to Corona? I am currently in the Netherlands on an au pair visa but I’ve fallen in love and wish to stay as long as possible to be with my boyfriend. I have money saved to last me about 6 months. My Original flight in September has been cancelled so I’m hoping if I choose to reschedule the flight a bit later that I will not be penalized for overstaying at the border. I will fly back to the US from Barcelona. I’m scared though if I do not leave after my visa expires + 90 days of Schengen, I will get banned. But maybe since I’m leaving from Barcelona I’ll be okay?? I’d like to come back next fall and do my masters here in the NL. Then I can get a student visa and later have a better chance at landing a job here.
My boyfriend unfortunately doesn’t qualify to sponsor a visa for me because he doesn’t make enough money ;( any advice is greatly appreciated!!
Lindsey
July 7, 2020Corona has messed up all the rules – so it’s hard for me to give concrete advice on that. The thing is…were you forced to stay inside NL because everything was closed? Did they allow you to go back to your country? Or are you choosing to have Corona as an excuse? Because if you say to a border guard ‘I couldn’t leave due to Corona’ and the boarder guard said ‘Why not, there were flights available for expats to leave…’ then you’re in a pickle. I do know NL shut down, so it might be able to save you some time. HOWEVER, you actually traveling to Spain during this time might seem a bit odd because you were able to move about during Corona, so why didn’t you go home?…I’d say be careful on this one and do not disregard your visa rules if you want to return and make a life in NL or Spain. If you are able to get a student visa in NL, your boyfriend can then move to NL to be with you since he is European. You make the legal choice and if he loves you, he will follow you instead of you following him. ❤️
Solu
June 11, 2020Hello,
I overstayed in Schengen area. And now I have American spouse that we think to get married pretty soon and live there. I really wonder if my overstaying in Schengen area would affect our process to get U.S. Spouse Visa? The last thing is, I have Turkish pass.
Thank you very much for any help.
Lindsey
July 7, 2020Hello! The U.S. visa process is very very difficult, even for married couples. I know this because I have family members who are married to foreign nationals and brought them into the U.S. 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).
Jamal
May 31, 2020Hey Lindsey, thank you for this valuable blog!
I’m from Egypt and i had last year a schengen Visa with duration of stay of a month within the validity visa which is 3 months.
As i didn’t pay attention to the rules, i stayed 86(instead of a month) days within the 90 days of the validity of the visa. (i didn’t respect the duration of stay but still within the validity period of the visa).
I entered schengen through the country that delivered me the visa and exit through another schengen country. When exiting the officer said nothing, just stamped the exit stamp with date.
I’m now planning to apply for a national visa d for a schengen country which is different from the one i got the last visa and different from the exit country.
Will it be a problem when applying for the national visa?
I already read on your blog that each country doesn’t track entrances and exits of the other country, is that still up to date?
Do they check sis and vis before issuance of national visa? (as far i know they apply for schengen visas, but not sure?!)
Thanks in advance.
Lindsey
July 7, 2020Hey Jamal! Sorry for the delay. The validity period of the visa doesn’t matter if you don’t respect the days they allow you. I write about that here: Determine Schengen Visa Validity vs Days. It can definitely be a problem if you are applying for another visa – even if the border guard didn’t say anything to you. They will always check the SIS but also on the visa form they might ask you your entrance/exit dates from your last trip. However, you’ll never know unless you try! I say apply for it and hope for the best!
fed
May 26, 2020Hey! I had a problem last year, I accidentally overstayed in germany 4 days (with a visa student) because my flight was changed.
In the airport they asked me to sign some papers and told me that I was staying ilegally 4 days. I signed the papers and they let me go (I am from Argentina).
They didn’t ask me to pay any fine and they didn’t put anything on my passport (only the normal seal that they put when you leave) .
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. I think that if I put “yes” they wont give me the visa…
I really need to know 2 things:
1) If I put “no”, do you think they can find it out? (it is not an european country)
2) How can I know if I have a restriction or something to come back to germany?
Thanks a lot!
Lindsey
July 7, 2020Hey there! Well, keep in mind that you are filling out a legal government document for a visa. If you lie by saying ‘no’ then you could actually be jailed, fined or deported anyway if they ever found out you lied about it. You need to be honest about this. If there is a place on the form to explain what happened, I would explain exactly what you wrote here about the flight being cancelled. Best of luck to you! 🧡
Erf
May 25, 2020Heey
I have a Hungarian student visa( residence permit) till September and i already overstayed that in Germany cause i didnt know about this rule… ( I know its not a excuse) anyway do you have any suggestion for me?
Lindsey
July 7, 2020Hello! So you have a Hungarian visa but you’re in Germany? Technically you don’t have the right to be hanging out in Germany other than for some vacations. Since you overstayed your student visa, you can’t apply for an extension because it already expired. Your best bet is to get home to your country, or go talk to someone at your university who might have some information or lawyer help from the school. Best of luck! 🧡
Con
May 17, 2020Thanks for the reply, Lindsey. That’s a good point about visa applications. As for flights out of Romania, they’re still restricted. The U.S. and most of Europe is in what the Romanian authorities call the “red zone.” Oh well, we’ll see what happens.
Samanda
March 13, 2022Hi
I’m Samantha
I overstayed my tourist visa in Austria for 4days, do you think this will affect me the next time I apply for family reunion visa in Austria
Con
May 8, 2020Hi, Lindsey.
I’m an American trapped in Romania by the travel restrictions related to the coronavirus. I would like for various reasons to stay here into the summer. The U.S. embassy told me that any day spent here during the state of emergency introduced by the Romanian government will not count toward the 90-day visa-free limit. As the state of emergency will have lasted 60 days by May 15, when it’s expected to be lifted, then that should give me 150 days total in the country before I risk being grabbed by the long arm of the law.
The problem is this: There’s nothing on the relevant Romanian government website confirming what the embassy told me. It certainly makes sense, in that it conforms to EU advice to member states related to the coronavirus, and it’s consistent with how Romania is treating other immigration issues. Also, American consular officials are pretty smart and careful. If they say something is the case, then it probably is, and they told me that two offices in the Romanian government gave them this information. I’ve sent several emails to the relevant Romanian ministry asking for clarification and have received no response.
I’m worried that when I finally leave, they might try to fine and ban me, whatever the amended rules might say. Can you suggest a way to find out what the rules are or how I might improve my chances of making a graceful exit? Also, if someone is fined and/or banned in Romania, does it have any impact in the Schengen area? My understanding is the worst the Romanians can do is hit me for $600 and ban me for a year. I wouldn’t like that, but I could live with it. But I spend a lot of time in the Schengen area and wouldn’t want any trouble there. I know Schengen violations don’t count in other countries, but is the reverse also true?
Thanks for your help.
Lindsey
May 17, 2020Hello! Hope you are staying safe during this time. Look, this whole virus ordeal is new to everyone on what to do with our current set of laws and regulations. If you have everything from the Embassy in writing, I would have it all printed when you eventually make your exit. However, if there are flights available from Romania back to the US, they could argue that you could have left if you wanted to. None of us really know what is to happen after all of this, so thank you for letting us know what the US Embassy said in Romania. As regards to your second question – overstaying in Romania wouldn’t have any affect on if you can come and go from Schengen. However if you have been banned or denied access to a country, this could hit you down the line in other parts of the world where you’d have to apply for a visa (because that is a visa question!). I wish you the best of luck and health!
Dorcas
May 7, 2020Hi Lindsey,
I have a situation at hand. I am a Canadian citizen in Germany with a one year work and travel visa (residence permit). It is expiring beginning of June, is it possible to simply fly to London and then re-enter the Schengen area and be able to stay another 90 days on a Schengen tourist visa?
Thanks!
Lindsey
May 17, 2020Hey Dorcas! At the moment with the virus, it is an odd situation with flying anywhere because countries have actually shut their borders. On March 16th, the UK government said ‘It is against all non-essential travel worldwide’ until the beginning of June. So the question at hand is could you even fly into the UK. Secondly, if you were to fly into the UK, you’d have to be outside of Schengen for 90 days solid in order for you to re-enter for 90 days. There is no ‘one-day’ turnover to reset your time.
Tyler
April 17, 2020Hello there, I’m an American citizen who has spent the last few years studying in Barcelona. I’ve 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, I’ve booked a flight home. I fly from Barcelona and have a layover in Frankfurt, Germany. I have a brand new passport without stamps because my old one was stolen. What are my chances of getting out of here? If I have to pay a fee I will, but how long of a travel ban am I looking at?
Lindsey
May 17, 2020Hey Tyler! Sorry I missed your comment! Have you already taken your flight?
Olu
April 4, 2020I wanted to renew my visa but fell really sick ( ectopic pregnancy) therefore i couldn’t start the procedure and came back home in a rush . Unfortunately i had overstayed 13 days.
And 6 months later i applied for a schengen visa and include all papers justifying why i overstayed but they denied my visa and said that it was not because I was sick i overstayed.
I found this treatment highly unfair wonder, if i will be denied over and over again.
Ps : My nationality might be also an issue I am from Benin.
Lindsey
April 7, 2020Hey Olu, sorry to hear that about your pregnancy. If you have a doctor’s note about the pregnancy issues in the country you overstayed, I suggest adding this to your appeal to prove why you had to overstay. Otherwise, it is difficult to believe the situation if there is no proof of illness and the inability to travel.
P
January 23, 2020Any “tips” about re-entering the Schengen before 90 days have passed since I exited (after staying the max time…and a little bit over)? I entered/exited through Spain last time & I am going back to Spain…looking at 2 flight options, one has a connection in Lisbon. Would it be “better” to enter through Portugal (couldn’t find anything about their passport control’s reputation aside from long lines) or would a direct flight to Spain be “best” based on their reputation for being so lax?
Lindsey
January 28, 2020My only tip is to enter Europe after your 90 days outside have passed 😂 Try Portugal. 🥳
Anonymous
December 3, 2019Hi,
I have a pakistani passport I stayed in Prague
Visa Date: 21.03.19 to 19.05.19 (45days)
Stay date: 22.03.19 to 31.04.19 – 40Days
And
Visa Date: 21.06.19 to 03.09.19 (60days)
Stay Date: 23.06.19 to 20.08.19 – 59 days
When I was leaving in 20th they told me I have overstayed and be careful next time as I did not know about the 90 days rule. My new visa is from : 12.09.19 to 10.03.20
When can I travel next as I’m thinking to travel for New Years
Lindsey
December 7, 2019Hey! How many days were you given on your visa? Because sometimes they do not give a full 90 days (it can be as low as 10!) Visa validity & visa days are very different https://www.everyoneinbetween.com/2018/07/determine-schengen-visa-validity-vs-days/
Sarah
November 29, 2019Lindsey – thanks for the succinct VISA information! I have a question – if you overstay, when you fly to a non-Schengen country (#1 above) why would THEY detain you? For example, if I overstay in Spain by 5 days and then fly out (and don’t get caught) to Morocco – why would Morocco detain me? Maybe I didn’t understand your post… Thanks!
Lindsey
November 29, 2019Hey! If you don’t get caught exiting and go to a non-Schengen, no one would detain you. You’re out. It’s if you are exiting (at border control at the airport in a Schengen country) and you do get caught. They just detain to ask questions, or they hold you up right there and ask questions.
Yazid
November 28, 2019Well I’m there now :D, never lose hope, thanks for the help
Michaela Webb
November 27, 2019Hi Lindsey,
Thanks so much for this article and all the information you’ve given. I’m from the US and my time in the Shenghen zone ends January 5. I didn’t plan very well, and flights back home are very expensive then. I am considering overstaying by 6 days (until the 11th) to save 600$ and visit a dear friend who lives in southern Spain. How risky do you think this would be? I would be flying out of Malaga or Madrid. I definitely want to come back to Spain, so risking a long ban would not be worth it for me.
Let me know what you think,
Michaela
Lindsey
November 28, 2019Hey! I think you’ll be fine, only because of your citizenship could allow you to get away with it. However if you are caught you could end up paying a fine of $300-1500…so if caught you will not have saved money. 🤷🏼♀️ Just be very careful next time and understand the rules of your visas!
George
November 5, 2019Hello LINDSEY
I have a very weird situation I have been traveling to Europe for the past 10 years I am an Egyptian citizen and I have been holding schengen visas without any problems 5 years multiple entries all was fine and I was always taking care about 90/180 rule but then my last visa I got was issued on 02-July-2019 valid till 01-January-2020 C type multiple entries but in the duration of stay section it didn’t say 90 days it said 45 days
Anyway I went to Greece I said there 42 days continues and I exit now I want know can I count it as 90/180 rule like 45/180 or I must wait till the expire of my visa and apply again it never happen to me and I don’t want to book tickets and go to Greece and be dined entry I would look so stupid you know, anyway waiting your reply thanks alot George
Lindsey
November 28, 2019Hello! Your visa would be exhausted then. You need to apply for a new one ☺️ I would call the Greek embassy and ask your options. Best of luck!
Anonymous
October 29, 2019Hi Lindsey,
I’m a US citizen and was in China over the summer while my Schengen visa was processing in my 2nd US passport. However, but I did not have the correct background check for the visa. I was in the US for 3 days to get the background check, then had to enter Spain as a tourist on my original passport. The Spanish embassy then cancelled my application saying the background check had taken too long, and refused my second application although I had all of the correct documents. I am here for 10 months to study and have applied with Spanish Immigration for an extended stay, but this will take four to six months to process.
I will have to overstay my tourist visa while I wait for my extended stay to process. In the meantime, what is the likelihood that I will get caught, and in what situations? Should I avoid leaving Spain or will I not have an issue traveling to other countries in the Schengen region? Thank you so much for your help!!!
Lindsey
November 28, 2019Hey! Background check? This was for a student visa? Sounds a bit more complicated than usual. You could have issues traveling around Schengen if they have reinstated some borders (like Sweden/Denmark). Otherwise, they do not check your stamps at all within Schengen. I’m not sure if you are allowed to stay within Spain if a visa is processing. I’d contact your school and ask for some more information. Best of luck and happy holidays!
Anonymous
October 27, 2019Hey Lindsey,
Thanks for the great work you are doing. I have a quick question.
I am a Nigerian and I have a 2years u.K tourist visa which was issued on November 2018, I entered U.K on Feb 2019 and left May 2019. I re entered U.K in July 2018 and I am planning to leave by this month end, Oct 30th to be precise. But I am planning to spend just 3 weeks in Nigeria and come back by November 23rd 2019.
My question is, will I be stopped by the immigration when I want to re enter by November 23rd or I will be fine?
Thanks so much.
John
October 21, 2019Hi Lindsey, do you by chance have links to any of the bilateral agreements mentioned? It’d be helpful to have this documents when speaking to uninformed immigration officials at the border. Thanks!
Lindsey
October 21, 2019Hey John! Wish I did, but they are extremely hard to find on the internet from an official source for Americans (bilaterals for Australians and Canadians are better documented). I believe Denmark is one of the only countries I have seen it officially documented, and I confirmed it on the phone with their immigration board. 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/
Jess
October 18, 2019Will I be banned if I overstayed 1 day
Lindsey
October 20, 2019Hey Jess, probably not, but I had one reader who did get a 10 year ban from overstaying 1 days in Netherlands. I think be had a bad track record of previously overstaying though.
Scarlett
October 18, 2019Hey Lindsey! As others have already said, thank you for all the help you lend to those in need of some nerve-calming or extra information!
I am a U.S. citizen with no previous overstays. I came to the Czech Republic in complete ignorance of the Schengen 90/180 rule (oops, I can be irresponsible like that!). I have been here, just for fun and visits with friends, for almost 6 months now. I planned to go home to the U.S. just before Thanksgiving in November, and as I am talking with my friends about my exit plans, I’ve learned a bout this Schengen rule! I know I am a delinquent and have undoubtedly broken the law, but I would really love to minimize my chances of getting fined or banned! My sister is getting married in Italy next year and that would be just horrible.
I am in Prague. If I took a train or flew to Italy or Spain and took a direct flight to the US out of one of these countries, would I be more likely to get away scathe free? Or would being a cute 23 year old girl with manners help at all? 😉
Thank you in advance. I am panicking!
S
Lindsey
October 20, 2019Hey Scarlett! You gotta take care of your visas, lady!! All countries have rules, so just a tip is to always check before you travel. Czech is notorious for catching people, so I’d get down to southern Europe and fly back to the U.S. direct or layover in UK or something. When it comes to border control and the police agents (yes, they are the police!) Hit up the line with the guy…not saying that would help but…I’m saying it 😝 Best of luck ✌🏼
Yazid
October 14, 2019Hello, 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 I’m so stressed, will the visa delivers know that I overstayed, even if they know, am I banned to reenter again? Thank you in advance
Lindsey
October 20, 2019Hey Yazid, congrats on all your schooling, but you took a really big risk of 1- getting deported, 2- paying a large fine and 3 – being banned. It is possible that the officer wrote something down without your knowledge, but no need to ‘jump the gun’ on that. I’d say come back to us here when you have your decision. Then there will be more to talk about ☺️
stanley
October 12, 2019Hi Lindsey! Thank you so much for the quick reply. I just wanna share my situation, technically I have a permit to stay here in finland while my working permit is on process (not totally permit I guess but it says in the letter that I can stay in finland legally however they mention that it is not valid travelling abroad).
I just wanna visit Oslo for a weekend trip coz my partner will celebrate his birthday next weekend. I remember when flying to Schengen countries you will not go to check in counters as long as you have no baggage checked in and you have your boarding pass (provided that you’ve checked in online), at the boarding gate they’ll just check the boarding pass and passport page right?
I wonder if this will work?
I remember last year when we went to Malmo, Sweden from Copenhagen there is border control security.
You have any idea in Oslo?
Thanks a lot!
BR,
Stanley
Lindsey
October 16, 2019You will not have any border control flying from Finland to Norway. Denmark and Sweden have border control due to some temporary issues. But travel with caution, because if Finland found out you left, it could be an issue.
stanley
October 12, 2019Hi Lindsey,
I would like to ask if the flights within Schengen will check your visa or only passports? I am flying from Helsinki to Oslo. Is there any security check through check-in counters? vice versa..
Thanks a lot.
Lindsey
October 12, 2019Hey Stanley! You will always have your passport checked by the airline agents at some point, but they are not looking at visas necessarily. Within Schengen, you will not go through any border control *unless* that country has created a checkpoint (for example, like Denmark to Sweden by road). However if you know you have overstayed, you should be making plans on how you will exit instead of stay longer. Best of luck!
AJ Ryan
October 11, 2019Ah! Thank you so much, I’m feeling a little relief. Sorry about my double posting, I didn’t see this one. Again thanks for all the wisdom and time you have dedicated here!
nicolebaar
October 8, 2019Wow, thanks for the quick reply! And thank again for this article and your responses- after googling schengen overstays for hours an hours, this has *definitely* been the most helpful site…..
Greece-Denmark-Direct Flight Home seems like my best option then, but don’t airports scan IDs when boarding (ie, my passport)? And therefore wouldn’t they would be just as likely to flag me for overstaying as if I were flying Greece-Home? Or, do airports not check stamps for intra-schengen travel (and only use passports for identification)?
Lindsey
October 8, 2019When you exit Schengen, you go through border control…which is where you get caught. But when you fly direct Greece – Denmark, you do not exit Schengen or go through passport control anywhere. Of course your passport is checked at the airline desk, but it is to make sure you are the person on the ticket. ✌🏼
nicole
October 7, 2019Hey Lindsey! Can you expand on not leaving through a non-schengen country? After talking with a consulate today, it seems like they (Greece) arent likely to extend my schengen ‘visa’, so I’ll be overstaying… I was thinking I might ferry to Turkey and fly home out of Istanbul (much cheaper than flying from Greece)- if I’m deported, fine with me; Im already on my way out! Why would this way be worse than flying directly out of Athens? I was also thinking of flying Greece to France/Denmark because they have some agreements with the US, but don’t know if my passport would be checked when flying to there; once I’m in the other country though, I should be good…. I think?
Is there anything they can do besides a fine and passport restrictions for future visits? I’m prepared to pay, and get a nasty stamp that says I cant come back for a while, but I think I’ve seen Midnight Express a few too many times and am making myself really worry
Thanks for any advice, this article was very helpful!
Lindsey
October 7, 2019Hey Nicole! Midnight Express 😂. Epic. So, by leaving directly through Athens, if you have an entrance stamp in Greece, they could assume you overstayed. And Greece is also really cut-throat on catching people (even if it’s just a day). Getting deported is not what happens when you’re on your way out…that’s only if you are in the zone and not leaving. What could happen to you is a pricey fine or a complete ban from entering Greece again, or ANY Schengen country within Europe. Now…that’s about 26 countries you would not be allowed in. because once you’re banned from one Schengen country, you’re banned from all of them. 😭 Most bans span from 4-10 years. Also, other countries around the world that you might need a visa for, usually have a question on their forms about being deported or denied entrance from a country…you check yes on that, and they won’t let you in either. So really overstaying is not a good choice if you can avoid it. You’re right in flying to Denmark would be a good idea due to the bilateral agreement with the US where you can stay an extra 90 days. But you also need to leave from Denmark if you go back home or elsewhere (no layovers in Schengen countries). So be careful on that. So if you fly to another Schengen country from Greece, your passport won’t be checked by border police. Only when you exit to a non-Schengen. Anyway, all of this is based on IF they catch you and care. 😅 Best of luck…I hear Denmark is super cool during Christmas time. Good luck, and don’t get banned 🇩🇰
AJ
September 28, 2019Hi Lindsey! Thanks for this lovely blog full great information. I have a situation that I’m looking for a little bit of insight on. This past June as I was headed back to the US after 6 months in Europe I was stopped at border control in Germany. Originally I was 3 months on schengen visa and 3 months in Denmark since they had a bilateral agreement with USA. My mistake was leaving out of Germany and not Denmark( I originally bought my ticket as a round trip in January). Either way the officer wasn’t having it, I got pulled into a room explained the situation. The officer spoke with another officer then made a photocopy of my passport including stamps, he then stamped my passport with the normal exit stamp and sent me on my way. I tried to ask if I had to pay a fine, or if I would be banned. I didn’t hear him clearly as he was walking away, but I believe he said no fine today, and he said maybe and something about maybe having to show documents. I now have a trip planned to Europe(schengen) at the end of October. I’m worried I will be refused entry or fined upon arrival? Have you heard of anything like this? Is there a way to find out? There will be more than 90 days that have elapsed since I last departed Schengen. I will only be in Europe 17 days total this trip. I’ve held off on further bookings such as accommodations as I don’t want to potentially be out more money if a refusal happens. Have you heard of any experiences similar? Thank you!
Lindsey
September 29, 2019Hey AJ! Thanks for sharing. You are correct about your mistake with re-entering Germany (or any other Schengen country you have not cleared for your bilateral). If he did not make you sign anything, I think you’re clear. However he did take a photocopy of your passport, which I find a bit alarming. If you have stayed our 90 day, you should be legally fine to enter. Just proceed with caution and have your exit plans of Schengen ready to show border police. Happy travels 🙌🏼
gregkieser
September 8, 2019Thanks, Lindsey! And I know this is not your focus (nor the focus of this blog post) but do you know if the opposite is true for Europeans with the ESTA visiting the USA. On the surface it seems the same 90 day rule is in effect, but I’ve heard conflicting stories as to whether or not is as simple as 90 days on/ 90 days off. No worries if you can’t answer that.
Thanks again!
Lindsey
September 8, 2019Good question! Funny enough, the U.S. does not have the same rule, per say. You can legally come back the next day for a fresh start. 90 days is the limit with a basic tourist visa (180 with a B1)…but you’re way more likely to get interrogated if you do a “visa run” after 90 days (leave the U.S. for a couple days and then return). My husband was on a B1, which allows 6 months to stay and left after 3 months, and returned about 1 month later, and they detained him at the airport for 2 hours asking why he came back…and he was legally allowed to do so. 🤷🏼♀️ It’s really weird they don’t have stricter rules with all the talk about immigration there 🙈
gregkieser
September 4, 2019Hi Lindsey, thanks for this amazing blog and especially answering the questions on this post, forevvvver.
So, just to clarify in a simple way: If I have been out of the Schengen for 90 days, then I am good to re-enter for an additional 90 days?
My specfic example: On November 1st I will re-enter the Schengen… I was there for May, June and July, but then will have been out for August, September and October.
I should be good to go, right?
Lindsey
September 7, 2019Hey Greg! That’s how it works! Have so much fun on your trip! ✌🏼
Amy
August 8, 2019Hi! I am an Australian currently backpacking in Europe, I landed in Germany on the 1st of june and my flight home is from Rome on the 31st of August, i have done the math and realised my trip is 92 days and i have only been in the schengen area. What do you think i should do?
Lindsey
August 8, 2019Hey Amy! Hope you’re having a blast! You could always leave 2 days earlier to be 100% you won’t get stopped. However, as you have bilateral travel agreements with so many countries, you should be fine. Check out most post about what a bilateral travel agreement is: https://www.everyoneinbetween.com/2018/02/how-to-travel-in-europe-legally-with-bilateral-agreements/
Denise
July 16, 2019Hi Lindsay,
I am an American living in France and have overstayed my visa waiting for a Carte de séjour for almost a year through the PACs (civil marriage agreement). I was told by the préfecture de police to not leave the country while awaiting this decision. The CDS was denied a month ago and now I am trying to figure out how to leave and where to leave from. 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. But what if I leave through Spain? I’ve heard it’s an easier exit. We are also now planning on getting married, so I need to go back to get paperwork. If I come back on a tourist visa will I be denied entry? How many Americans have you heard of actually getting banned from the EU for overstaying?
Lindsey
July 22, 2019Hey Denise, a lot of people seem to overstay this way! Do you have written on paper from the police that you should stay in the country while awaiting your decision? This would help…only any paperwork proving that you applied for the Carte de séjour, but then got denied? Having this documented to show to any border guards will help. Otherwise, I suggest exiting through Spain or Italy. If you don’t get caught exiting your last point in Schengen, then coming back on a tourist visa after 90 days leave shouldn’t be a problem. Good luck!
Rafael
July 11, 2019Hello,
This thread is really helpful to get insight about what things to do and what YOU SHOULD NOT. Although there are a lot of people who stay ignorant of these( intentionally or unintentionally).
Anyways, I would like to ask you a question regarding “student” residence permit (schengen area), specifically speaking about Sweden. My close friend, he is currently in Sweden. What he has been going through has made him already depressed and anxious to extreme degrees. He is a student in Sweden. He came to Sweden in 2017, to pursue two years masters program and successfully got his residence permit extension for his second year. The second extension was valid from 1st of july or august 2018 (i am not sure but one of these months) till 30th of june 2019. Unfortunately for some health reasons, he wasn’t able to complete his two years degree in two years as he developed serious depression which caused
him to suffer and made him an awesome procrastinator. So he decided to go for a year more extension which is fine if you are able to show what stopped you from completing the studies in written. He had all of the documents and everything lined up untill he made a huge blunder. He applied after a week when his last permit expired and the reasons he gave were mostly based on his health issues. 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. Now, I know that every minute after your permit expires makes you being an illegal whether if it was intentionally or not. But, the current situation is, he can’t speak or discuss this to anyone because he is super nervous and something he is afraid of.
He certainly lost his right to stay when he crossed the validity (which he claimed i didn’t know about these laws especially when you are student and you are paying for everything- which are huge amounts for fees, living and other stuff) and he can’t go back not because he does not want to leave Sweden but out of utter shame or not getting the degree which would be twice hard for him to face the consequences in his home country because “Everyone” asks and he will not be allowed in future to travel anywhere by the “family” (acceptance or rejection of visa is a different topic). In some parts of the world, it is really difficult.
So, basically he has overstayed for a week and then he applied (which i tried to ask around and found, one is not elligible to apply for the extension if he/she runs out their validity). And interestingly, he never visited any other country in two years and remained in Sweden the whole time where students prefer to travel around schengen countries just like I did. Well, it has happened what meant to happen.
I am not sure and certainly not an expert in these matters to reckon if authorities will be so tough on him or will they show some liniency towards him. Will he be asked to leave the country or he be allowed to stay since he applied later but cant work, use services or whatever. I have no clue. Just wanted to share the story.
Thanks !
Lindsey
July 11, 2019Thanks for writing in. Sweden is very strict on visas and will most likely ask him to leave if he does not leave himself first. You can’t really get away with living in Sweden illegally, as they are a very rule driven society. He is not entitled to building a life in Sweden without a visa. Sadly he will need to leave the country is he is not eligible for a visa. That’s just how it goes. I wish him luck.
Ian
August 10, 2019Is it possible to leave without getting a stamp
Lindsey
August 10, 2019It’s not Cuba 😂 No, you can’t leave without a stamp if you are exiting Schengen. The agent could forget, but that is rare.
Jo
June 3, 2019Hi Lindsey! Thank you so much for this blogpost! It’s very informative 🙂
I’d like to ask about your opinion for my case.
Anyway, I flew in Portugal for my Master studies in 2017, my visa expired January 2018 (I’m holding a Philippine passport). I tried to renew my visa but for some weird reason, they wouldn’t accept 2 of my documents because they weren’t ‘official’ enough? So they told me to get all my proper documents and wait for the next appointment – this year in April, which is almost 9 months later (they run very slow here).
In March, which is a month before my appointment, I called the office to confirm my appointment and the person on the other line told me that they wouldn’t renew my visa because my visa had been expired for too long, I was pretty pissed about it because first, they told me to wait for the next appointment, and second I continually asked them if I’m going to have any problems and whatnot in the future and they keep telling me that I’ll be fine so I just went along with it.
So I’ve basically overstayed my visa for close to 2 years now…. it’s stressing me out so much I can’t even focus on my thesis well. 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..
Thank you so much Lindsey
Lindsey
June 7, 2019Hey Jo – that’s rough. I’m so sorry that the person informing you actually had no information at all. Do you have any of this in writing with them saying appointment dates? Also, did you get anything in writing about you asking if overstaying your visa for the appointment was ok? Usually, they book appointments that are not within the scope of your visa, but if the application is still ‘processing’ status, then they can give you permission to stay within the country while it’s processing. If you have none of this in writing, then it will be difficult to plead your case at the border IF you are questions. I recommend making sure you have all your school documents and even proof of you trying to submit your visa renewal application back in 2018. I think all you can do at this point is focus on what you’re in Portugal for: your thesis. Everything will happen for a reason, so make sure you get the best out of the situation by focusing on your studies – everything else will fall into place for you. 🧡
Eunice
April 27, 2019Thank you very much! 🤗 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’m way overstaying, I came January and I’m leaving June 🤦🏻♀️ I wish I never listen to the lawyer. She told me that it won’t be a problem to stay, even if I don’t apply for the residency yet, as a wife if Greek citizen, I have privilege. Anyway, wish me luck on my way back home… I just want to go back to my Boston 🙏🏻🙏🏻
Eunice
April 27, 2019Hi Lindsey, This is my case, I came to Greece to stay close to 6 months. My husband is Greek American and he recently became Greek citizen, the thing is this: The Greek lawyer my husband hired, first of all, she charge him soooo much money, close to €7,000 euros, the thing is that before I came to Greece, we ask her if I need to apply for visa or residency to stay longer? She answered that it won’t be a problem for me to stay long because I’m a wife of a Greek citizen and when I’m in Greece I can apply for residency….. anyway, the thing is that I found out here that she tricked us, and now I’m in the situation of paying the fine, being ban or deported… I don’t know and I’m very concern, because I have my ticket going back to the US on June 5th 2019
My ticket has two stops , one in Frankfort and the other one in Portugal, my question is: if I pay the fine in Greece and I make the other stops, are those countries are going to fine me or stop me? I’m very concern now, I have been traveling to Greece every year and I never overstayed for the past five years. I’m very angry with this Greek lawyer who lied to us. 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 now I have to leave. And my concern is if I have to pay all this countries doing my connection.
Thank you for sharing this important information.
Lindsey
April 27, 2019Hello Eunice! Thanks for sharing your story. Well, the lawyer was correct in saying you could have apply for a residence permit based on EU Law in having an EU citizen as a husband, but you had to do with before your 90 days were up. Info on that here: https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm
So since that did happen, you are considered overstayed by 90 days. Because Greece, Frankfurt and Portugal are all Schengen countries, Portugal will be the last point of exit and the only place you will go through border control. Therefore, Portugal can issue you the fine if they catch this error in your stay. I say IF. There is a high chance no one will catch it, which is why this is such an odd situation. As for if you want to come back and stay in Greece for more than 90 days, you will need to apply for a residence permit based on your husband’s citizenship. You can contact the Greek consulate when you get back home. Good luck! ✌🏼
Nina Pham
April 9, 2019Hello!
Reading this was helpful! My main concern is that I have already purchased a outward and return ticket to Greece from Spain. I had arrived to Barcelona on 1/11/19 and I went to Andorra 4/5/2019-4/07/19 and got stamped for all crossings. My flight to Greece is on the 15th of this month and my return flight to Barcelona is on the 21st. The first flight has a layover in Bulgaria and the returning flight has a layover in Romania!
Would I be okay going to Greece and returning back to Spain?
Bhisham Sheoran
April 2, 2019Hi Lindsey, hope you doing well. Just wanted to know, in case I have a single entry visa to Schengen for just a week and I overstayed by another week. What do you think the problem I can face on my way out?
Lindsey
May 31, 2019Probably! They have visa rules for a reason. Even if they don’t say anything to you when you exit, when you reapply they might deny your visa based on the fact you overstayed your visa previously. My advice? Don’t do it because nothing is worth that.
RJ
June 11, 2019Honestly, I have accidentally overstayed on my multiple entry visa. I was ignorant of the laws that govern the Schengen states and that’s completely my fault. My fiancé lives there and all I want to do is visit him. I have a good job in the US, and have to maintain my residency here as well, so I would NEVER purposely overstay as I have a life here too. I’ve applied three times now from The Netherlands, Lithuania, and France, and all have been denied. The French one was even a business tourist visa because my company has an office there, but it was still denied. Is there a way for them to pardon this? I don’t mind signing an agreement or whatsoever. It’s just that being in a long distance relationship is extremely difficult. I hope you can help me!
Lindsey
June 11, 2019Hey Robert, if he is your fiance, The Netherlands should allow you a relationship visa. Otherwise, you should maybe speed up your wedding date and apply for a spousal visa.
Nicole
March 27, 2019So happy I found this blog! Going to save so that I can come back and read more later! My question is that I am traveling with my husband and our two kids. When I first booked our tickets, I understood that it as 90 in each country, so this puts us entering France on June 13 and leaving from Italy on Sept 28. This puts us about 2.5 weeks over the limit. We were flying directly from Rome to Romania because I got a job teaching at a Montessori school in October. I noticed you said not to fly into another European country. Will they not let us into Romania If they see we overstayed?
Lindsey
May 31, 2019Hey Nicole! Sorry for the late response! I got slammed with questions these months! It’s definitely not 90 days in each country 😬 There are chances you could get caught, of course, and penalized. Romania isn’t where the problem would be, it would be exiting Italy. They can ban you from returning or make you pay a fine on the spot. But since you are leaving to Romania, which is non-Schengen you might be ok. If you can cut your trip a couple weeks short, I would look into it to keep within your visa rules. Best of luck!
Richa
March 27, 2019Hey Lindsey,
Thank you for getting back to me on the below query.(I got my Schengen visa today and the duration of stay is just 10 days whereas I have a visa for 24 days. I want to stay for 20 days. can you please advice what should I do.)
However, I wish to stay for at least 20 days. I am planning to apply for a Schengen visa with other Schengen embassy and explain them that my itinerary is 20 days. You think I could do that? Can I get another Schengen visa in this case.
Thank you in advance,
Hope to hear from you soon!
Richa Singh
March 26, 2019Hi Lindsey,
I got my Schengen visa today and the duration of stay is just 10 days whereas I have a visa for 24 days. I want to stay for 20 days. can you please advice what should I do.
Lindsey
March 26, 2019Hey! If your duration of stays is 10 days within a valid period of 24 days, you can only stay 10 days. Duration & validity are different. I have a blog post on this here: http://www.everyoneinbetween.com/2018/07/determine-schengen-visa-validity-vs-days/
afzal
March 21, 2019Hi Ms. Lindsey!
Are there any instances that your visa might cancel even if it is valid for the next 6 months? Or is there any instance that your visa is still valid but immigration officer won’t allow you to entry their country?
Thank you!
Hope to hear from you soon.
Lindsey
March 21, 2019Hello there! No, they shouldn’t cancel your visa for no reason. Of course, they can revoke a visa if there is probably cause to do so. For example, if you were banned due to overstaying but your visa is still valid, an officer can deny you entry. In fact, ANY country can deny you entry even if your visa is valid if they are suspicious of something.
Voltaire
March 20, 2019Greetings Lindsey
Thank you for such a resourceful blog. My question is in regards to returning to Europe if you’ve over stayed?
I’m an American who over stayed 9 months in the Netherlands from june 2017 to June 2018. My point of entry was amsterdam and I left out of Berlin Germany. They let me slide, gave me a stamp and I flew to Iceland for a layover on my way back to the US. I walk into Iceland got a stamp, came back to the airport and got a out going stamp. Since Iceland is a Schengen country does my in and out stamps clean up the over stay in the Netherlands? I’ve been out of Europe 11 months. I have a speaking engagement in the Netherlands in a few weeks. Will they let me in the country or is the over stay still on my reccored? My flight takes me to Sweeden first and then to Amsterdam.
Will I every be able to fly to the Netherlands direct? Or will they know I over stayed and hold it against me?
Lindsey
March 20, 2019Hey! Why do you think I have so much knowledge on the topic? 🤪 Look, overstaying should not be a way of life. 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. Your Iceland stamp counts are your final exit point out of Schengen. So from when you entered in Netherlands to when you exited Iceland is calculated. You have been out 11 months, and if you were never caught, you should not get questioned on re-entry. They may look at your last exit stamp and tell you to move on. Enjoy your travels! ✌🏼
Lee
March 18, 2019Hi Lindsey!
Thanks for sharing this blog!
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. However my Passport will expire on Feb 2020, I am planning to visit Europe again this coming July 2019 for 15 days and will visit again on Nov 2019 for 15 days before my visa gets expired.
My question is, If I have my renewed Passport, can I use my Schengen visa which was stamped from my old passport? The expiration of the Schengen visa will be on Nov 2019.
Appreciate your reply!
Thanks in advance.
Lindsey
March 18, 2019Hello! Usually you must have a passport valid for 6 months to travel. If you get a new passport, you will need to bring your old passport with the visa with you. I suggest contacting the embassy who granted you the visa to make sure your instructions on how to go about this is clear. ☺️
Jyoyi
January 26, 2019Hi Lindsey, I am so lucky to chance upon your blog and it was indeed optimistic and an eye opener for me! In the meantime, my current situation is that I am a Singaporean and have just arrived in Germany together with my German boyfriend of 4 years on 09/Jan/2019. I would like to stay here for a longer time other than the 90 days visa-free cap for 180 days. I am looking into further pursuing my German language course and in addition, my boyfriend and myself have plans to get married sometime this year as well, but at the same time, I am still waiting for a reply from the respective language school on any availability date. I do not wish to go back to Singapore (if my calculations is correct) on 08/April/2019 as I do not wish to jeopardize me and my boyfriend`s plan. Hence, I was wondering if I should travel out to a Non-Schengen country over a weekend and then back to Germany just so I could have a renewal of a “New” 90 days? Unsure if this idea is feasible hence any advice from you would be greatly appreciated! Thank you so much in advance 😉
Lindsey
January 28, 2019Hello! Your “visa run” plan won’t work in Schengen (you can’t just acquire 90 more days by exiting and re-entering a couple days later). I think you should have waited to hear back from the language school, because you cannot change your tourist visa into a student visa within Germany! You can try contacting the language school to review your options of where you can apply for a visa if accepted (visa processing itself can take a few months!) Best of luck ❤️✌🏼
James
January 18, 2019Hey y’all,
HERE IS A DEFINITE WAY TO FIND IF YOU HAVE AN ENTRY BAN.
you can choose which country to do the request through
https://edps.europa.eu/sites/edp/files/publication/16-11-07_sis_ii_guide_of_access_en.pdf
Best of luck!!
Lindsey
January 28, 2019Thanks! This looks like an interesting guide! It’s official too ☺️👍🏼
Hilal Yazbek
January 15, 2019Hi Lindsey,
thank you for your post. i have the below question:
a friend of mine went to France using a visit visa, and he overstayed for almost 4 months now. he decided to go back to his country.
what should he do to avoid any problems (Fines, Jail, etc.)
thank you
Lindsey
January 28, 2019Hi! Well there is not much he can do in terms of if he gets caught. 4 months is too long to be considered a mistake.😬 He wouldn’t go to jail, but being fined or banned is the risk everyone takes for overstaying. He should make sure he exits a southern Schengen country he spent the least amount of time in. Like I said, this doesn’t mean he won’t get caught, but borders can be a bit relaxed due to high tourism.
Lauren Antrim
January 14, 2019Hello Lindsey, Loving all this quality advice you are giving. Hopefully you can help me out with a pretty simple question.
I am an American citizen who was in Spain for about 6 months (returned to US in May 2017). On leaving the guy noted I was overstaying my visa and I told him how I had been doing breast cancer research and he felt pity on me and let me leave without any symbols/ banning. I am hoping to fly back to Spain next week and am terrified that I will be turned away upon entry. I was wondering if problems are likely? Or if I could potentially just pay the fine somewhere. I just don’t want to be turned away on arrival! Do you know if I could figure this out by contacting our consulate in Spain or the Spanish consulate here?
Thank you in advance for your advice! I am seriously anxious over here.
Lindsey
January 28, 2019Hey Lauren! Are you planning on being there longer than 90 days again? If it’s for work, your work NEEDS to be responsible and get you a residence visa before you go. It is unreal they would put you in that position. If they catch you a 2nd time overstaying, you could get banned from returning to any Schengen country, not just Spain 😔
timryan100
December 15, 2018Hi Lindsey, I overstayed 10 years ago in Italy for over a year. That was 2008 to 2009. I have my own family now and I would like to go back there with my family for a 3 weeks vacation. I’m holding a Philippine passport. Do you think we won’t encounter any problem going back there?
Lindsey
December 29, 2018Hello there! Were you caught overstaying? I personally think you will be fine. That was a really long time ago. Happy travels! ✈️
Stef
November 28, 2018Hi Lindsey, thank you so much for this information! I need some advice on my current situation. I am an American citizen staying in Italy with my Italian fiance. My 90 days in the Schengen will be up the 9th of December 2018. I need to stay here until the 27th of December to spend Christmas here and to finish planning our wedding. I will not be returning to the Schengen area until our wedding which will be in Italy in July 2019. I have been researching info for how to legally extend my tourist visa here with few results. The US embassy told me to ask the Italian authorities for advice. We inquired with them and they told me not to worry about applying for an extension and that I should be fine to stay here until the end of December. I will be leaving from Venice, Italy back to the UK (where I have residence permit valid until end of January 2019) then to the US.
Even though the Italian authorities told me not to worry about it, I am terrified that if I stay illegally I will be detained or not be allowed back in the country when I return for my wedding in July 2019. Do you think this could happen? Or would I just receive a fine?
Thank you so much for your help!!
Lindsey
December 29, 2018Hi Stef! Sorry for the late response. Busy time of year 🎅🏻 I would get it in writing from the authorities that they are allowing you to stay. I don’t know if that will help you if border police say something on your exit, but it could let me give you a pass.
Selene
November 27, 2018Hi Lindsay,
Your blog is wonderful and very informative to us who have a lot of questions regarding our Schengen visa. I hope you can answer my questions:
I am a Filipino living in Australia and I received a Type C visa valid for 8 days. I unintentionally overstayed by one day due to confusion in the counting of days. I applied in the Portuguese Consulate and with the necessary documents, including a confirmed itinerary of 12-20 November stay, the gave me 8 days. I thought this was fine.
When I was exiting Germany to go back home on the 20th, I was stopped by the immigration officer who said I overstayed and that it is a crime in Germany. I did not know I overstayed and was really scared. I was made to sign documents (when asked if I committed a crime, I wrote No). They then told me I would know by post if the judge will decide if I am guilty of a crime or not. My passport was stamped then I was allowed on my flight back home. I am still waiting for that post and it has made me paranoid.
What is the possible outcome in this? Will I be charged a crime? Or if I will only be asked to pay a fine, will I be banned in the Schengen states?
Thank you!
Lindsey
December 29, 2018Hey Selene, this sounds like a frustrating situation for sure. Especially since you overstayed by 1 day 🙁. Since I cannot speak for the judge’s decision, I suggest concentrating on your lack of information. You should contact the German embassy or consulate in your city and ask about this. Did you receive any type of copy of the paper? Maybe it has a case number. Also, it is your legal right to know if you are on the SIS (Schengen Information System), so you can ask the German embassy about that as well. But in these cases, you aren’t necessarily turned into a criminal – it’s more like a fine or a small ban (which you can appeal). Best of luck to you!
sproutloveblog
November 20, 2018Hi Lindsey,
I accidentally stayed over my visa 9 days, i was just researching figured this out.
I’m Canadian and this was a few months ago, if I hadn’t overstayed i’d be allowed in on Dec 8th.
I entered in Holland, left out of Italy.
Now I’m heading into Morocco and wanted to travel back into Europe for 3 weeks or so, but I realize this overstay might cause an issue.
Any advice? I was thinking enter via Spain or Italy…..
confused as I already kinda made a slight mistake. thanks
Lindsey
December 29, 2018Hello! Sorry for the late reply, Merry Christmas! Morocco is so beautiful, I have been twice. I have a great post about where to stay if you’re curious. For your question, if they never said anything to you, I am sure you’ll be fine. You have a visa-waiver with Schengen, and if enough time has passed (like a few months) it will most likely go unnoticed. Happy travels! ✌️
Michael from America
October 12, 2018Wanted to share my experience leaving the EU as an American after an overstay. I overstayed about 9 months. I entered in Oct. 2017 and left in Sept. 2018. My US passport was stamped in France in Oct. 2017, and I was living in Germany the entire time. I left from Barcelona in Sept. 2018 without issue.
Took a carsharing service called Blabla Car from Germany to Spain to avoid having a connecting flight. Crossed the border from Germany to France at Mulhouse. Crossed from France to Spain at Le Perthus. There were no checks at either border crossing, it was like driving from state to state.
At Barcelona airport, the customs official looked at my passport and couldn’t find my stamp. He asked me some questions in Spanish while flipping through my passport. I played dumb. After about a minute I said, “France” (as in that’s where I came into the EU from). He seemed satisfied, stamped my passport and that was it.
Given my experience I’d recommend a direct flight from Spain to the US for US passport holders.
Lindsey
October 12, 2018Thanks for sharing, Michael! Also to add for those reading this & looking to stay in Germany, it’s good to know Americans are able to register themselves for a residence permit on entry (longer than 90 day stay). It’s something to think about so hopefully overstaying won’t become an issue to worry about! https://www.germany.info/us-en/service/05-VisaEinreise/residence-visa/922288
Mitch Northin
October 5, 2018Hi, thanks for your blog, a very helpful read. I am currently going through an overstay issue. I am from New Zealand and I have been living in london for the past two years on a T2 youth mobility visa, this expired and I went travelling for summer in spain. I started seeing a girl and fell in love and have now over stayed by nearly 2 months. 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. What would be my safest option of finding my way home or possibly to london to send clothes home etc. ??? I have thought about ferrying to Morrocco or flying from another country in the schengen zone such as Portugal. Any advice will be greatly appreciated as Im a bit confused on what is the best option. Thankyou.
Mitch
Lindsey
October 7, 2018Hey Mitch – so you overstayed your tourist visa in Schengen? Your UK visa has no jurisdiction in Schengen, so you’d be on the 90-day tourist for other Euro countries. When you go back to UK, you’d be entering on a UK tourist visa, so no issues there because UK airports don’t care about your Schengen status. The only issues would be exiting Schengen. You go through exit control in Spain, and that’s where they’d get you. 😏 So whether you’d exiting to UK or exiting to Morocco, it doesn’t matter because the issue would be at the exit point in Spain (they have control for ferries too.) I think you should go to another Schengen country and fly out from there (Italy or Portugal!). NZ citizens have something called Bilateral agreements (🙌🏽) which means you can actually extend your time in Schengen due to pre-existing travel agreements. More on that here: http://www.everyoneinbetween.com/2018/02/how-to-travel-in-europe-legally-with-bilateral-agreements/
Alua
October 3, 2018Hi, Lindsey!
I am from Kazakhstan. I have C-type business multi-entry visa valid from July 3, 2018 until January 2, 2019 with duration of stay 60 days. My previous annual visa expired on July 2, 2018. Starting from July 08, 2018 within my current visa I stayed in total for 43 days. However, while I was leaving from Poland I was notified that I have an overstay, referring to that duration of stay for 60 days applies for every last 180 days. The thing is that, I was crossing border 5 times within my current visa exceeding 60 days every last 180 days, out of 5 I was notified last time. I signed some papers in Polish, put an ordinary exit stamp, and let me go without charging any fines and any marks on my current visa.
Now, I am wondering if am I allowed to enter Schengen till January 02, 2019.
Lindsey
October 7, 2018I have always wanted to visit Kazakhstan! Looks amazing. Your situation sounds like you should call the Polish embassy to ask about your status. Best of luck!
Alec
September 19, 2018Dear Lindsey, thank you so much for you hard work on this website… it really is excellent work.
My problem is this – a family of American friends came to Portugal in February last, they entered portugal as tourists – so the 90 day rule applied to them. They applied for residency in Portugal .. only the father got the PT residence permit so far, but the mum and the two kids are still waiting for their residence appointment… . They saw the immigration authorities twice, petitioning for residence on basis of family reunification, but they make them go through hell.. they require a stamp on many documents the authority need.. So they may have to fly back to the us so as to have some documents notarized and autentificasted back in the us… THEY HAVE overstayed their initial 90 Days, but put in a residency application, started proceedings, and were already seen by the PT immigration ocfficials twice…. 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? Or the period during which they applied and were being processed in view of residence will NOT COUNT as over stay?
thank you so much Lindsey
Lindsey
October 7, 2018Good questions. Is their application submitted and pending? Usually when applications are pending, they can stay within the country without penalty (but no working or anything). However, if they LEAVE the country while their application is pending, I don’t think they can come back until it is approved. Because their tourist visa will be no longer valid to re-enter on since they have to stay out 90 days before they return. I mean, they COULD risk it, but would have to show the border guard all the paperwork on exit and entrance and hope for the best.
Honestly, each country has different rules for different visas and different citizenships that are not straight forward.
C
September 10, 2018Hello! Thank you for all you are doing to help those of us in uncomfortable positions, I am impressed by your depth of knowledge and hope you might have a few words of wisdom for me.
I am a US citizen, staying in Norway with my partner. I arrived in Norway on July 5 and am set to depart on October 3, early in the morning. I calculated the 90 days when I purchased my return ticket.
I happened to randomly stumble across a Shengen-visa-calculator the other day and popped in my dates, just to confirm what I thought was clearly true: HOWEVER, it seems I did not take into account that date of arrival and date of departure count towards the 90 days. I find that I am overstaying my welcome in this country by one day.
I know that it is unwise to knowingly overstay a visa, especially considering I want to come back after my 90 days in non-shengen resets… but I am still unsure of what to do. Tickets are expensive and I wonder if the risk of overstaying by a single day is worth it? Tickets back home are $500.
I looked into flights on the 2nd from Oslo to Gatwick, and might be able to swing that….but the affordable ones are late enough at night, a delay might mean I end up leaving on the 3rd anyways.
I am just …. hoping you have any words of wisdom for me in trying to solve this small thing.
Thanks again.
Lindsey
September 15, 2018Hey! I think you’ll be fine. Americans do get a lot more leniency (I know this sounds prejudice, but it is true) if they overstay by a couple days. This is because Americans have visa waivers and come from a world power country. If you get caught, you can obviously plead ignorance and just say you will be more careful next time. AND, I believe if your partner is in Norway, you should be able to apply for a ‘relationship visa’ which will allow you to actually live there! You should look into it: https://www.udi.no/en/want-to-apply/family-immigration/?f=nor&c=usa
Jagadish Balaji Selvam
September 7, 2018Hey Lindsey!
This is a very informative thread. However, I have a slightly different scenario and I was wondering if you would know something about it. I am an Indian citizen currently studying in Italy(for almost 2 years now) and hold a valid Residence Permit issued by the Italian government. The official websites state that an individual is allowed to stay in the Schengen region but away from the country that issued the residence permit for 90/180 days. Every time I travel within the Schengen zone, I do not have my entry or exit controlled in any form.
I am now planning to stay in the Netherlands for the next 6 months(my residence permit from Italy is valid till mid of next year). Do you think this would be a problem? If yes, can you elaborate on how?
Lindsey
September 9, 2018Hey! You cannot stay in Netherlands for 6 months on an Italian residence visa. Since you cannot work or technically have the right to live in Netherlands, you’d have to switch your visa. Of course there is no border control to catch this – but usually people do not live in a country as a tourist for 6 months…they usually try to work. Just keep that in mind.
thanebob
September 3, 2018Hey,
I am a US citizen currently in Lithuania where my student visa for Germany (confusing I know) is being processed. I will receive this visa, however, I am unsure if I will receive it prior to my 90 days expiring. Should I leave the EU with a few days left and wait for the visa to be ready and then when my visa is available fly back in and receive the visa? Or do you think it is okay for me to overstay by a few days or a week and just wait for the visa and then be here legally?
Thanks!
Lindsey
September 9, 2018Hey! Usually when your visa is processing you’re either not allowed to enter the country or leave the country. I suggesting hoping over to UK until your visa is ready. Because Lithuania can still penalize you (since your visa is not for their country.)
Rachel
August 9, 2018Hi Lindsey,
Thank you so much for this website. You’re doing an amazing thing for so many people around the world! My case is rather complicated, I really hope you can help me!
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). My last fly in was sometime in May and I haven’t left since then as I have been struggling with the student visa application since then. I used the calculator to calculate and my 90 days expired the first week of July. However, when I submitted the visa application, the officer (mistakenly) counted 90 days from my last entry (may) and told me I have to leave by 14th August. Will I have any problems if I try to leave or will you recommend flying out from another country? I have a piece of paper stating I should leave by latest, the 14th that I can show if I need to.
Background info: I accidentally overstayed last year and was caught when I tried to fly from Germany to Vienna so I was sent back to my country from Germany (no fine, just filled up a paper and got some kind words to stop crying). Will I be on the SIS for Austria or Germany? Is the SIS a global database or does every country have their own…? I’m sorry if this is a silly question. As my things were in Vienna, I risked it by flying from my country to Budapest and took a train in to Vienna and later on flew out of Budapest a month later with no issues.
As my 180 day period reset on 2nd August, am I correct to assume any time spent away from the schengen zone allows me to go back? E.g. If I spend two weeks in London, it resets sufficiently for me to come back in for 2 weeks. I have a holiday planned for France end of August so I was hoping if I stay for 2 weeks in London, I would have no issues flying to France (there are no stamps for France in my passport since last year) and then from France to Vienna there shouldn’t be border control.
I’m sorry for such a lengthy essay, do hope you can help me!
Lindsey
September 2, 2018Hey! So sorry I missed your story (I was in India with very limited access to internet.) Did you leave Austria like the officer said? There are a lot of issues I see building up in the story you wrote. The main one if you have already been deported once 😱 (if you say they sent you back to your country). You really cannot keep on coming and going like this because it digs you deeper into issues. I think you need to speak with the Austrian embassy to see if you are on the SIS list. If you have been banned from Europe, you would need to wait for years for the ban the lift. 😒
V
July 28, 2018Hey there! I’m a US citizen finishing up my 90 day Visa this week. I’ll have spent the entire 90 days in Italy. On the 91st day I’ll be flying from Italy to Germany with a 21 hour layover, and departing from Germany on the 92nd day back to the US. Any advice on what could happen?
I don’t anticipate coming back to the Schengen zone for a while, but I am married to an Italian citizen and we’re considering living in Europe in a few years. (I’m also eligible for a German passport because I was born in Germany to a German parent, but haven’t applied yet). Thanks for your help!
Lindsey
August 5, 2018Hey there! I think you will be fine. Americans can get away with overstaying a couple days because their visas are not ones you have to apply for. You might get caught, but it’s unlikely. If you are planning of moving to Europe, you should try for the German passport for sure! It’s great being a dual citizen. I have a blog post about the perk of Dual citizenship here. Also, if you were going to live in Italy, your wife would be able to get you a spousal visa, which would allow you to live and work in Italy. Best of luck!
Ann
July 16, 2018Hey Lindsay, I left a comment on another post, but this one is a little more detailed so if you can answer this one, it would be so helpful!
I am a US citizen and an au pair in Iceland. I came to Iceland on my 3 month Schengen allowance (and right before my 90 days were up, I received my residence permit approval. Question is will I be able to travel to other Schengen states like Denmark or Norway? If not, how long would I have to wait until I can enter again if my 3 months just expired on July 5th?
Lindsey
July 20, 2018Wooow Iceland! 😍 I love the Blue Lagoon ❄. You’ll be fine to travel around, and if anyone has questions you just show them your Icelandic residence permit (do not travel without it). When I had my Swedish permit, I would be in Europe for a year traveling around. Also, Schengen does not have border control (well, Sweden just reinforced some control at airports to show ID), but no one will really check your stuff when traveling around. It’s when you exit a Schengen > non-Schengen. So carry that residence permit with you whenever you leave Iceland!
Gabriel
July 16, 2018Hi, I am from Colombia and I am currently doing an internship with a company in Austria.
I am staying here with a Visa D which expires the 31st of July and I have my trip back to Colombia the 10th of August, through Frankfurt, I would like to know if I could get troubles while leaving Europe. I asked people of HR in my company and they told me they contacted the Austrian Ministry of Interior and they answered that I am able to stay here those 10 days because Colombia is within the “waiver-free” country list. I would like to get some information about this, and with whom should I have contact, in order to avoid troubles.
I know that “…periods of previous stay authorised under a residence permit or a long-stay visa are not taken into account in the calculation of the duration of visa-free stay. Residence permits and long-stay visas are subject to different rules and the above explanations and calculations do not apply to them.” but I am not sure if the 90 days start to count automatically.
Thanks in advance,
Gabriel.
Lindsey
July 20, 2018Hey Gabriel, thanks for stopping by! Usually countries want you to exit and re-enter to ‘activate’ your tourist visa. This is all done imaginary, of course, there is no border between Schengen countries. But if you can prove you went maybe to Czech or Hungary for a few days (Receipts, hotels, etc) and came back to re-activate your visa-waiver as a tourist, I think you will be fine. I would suggest getting your HR to get it in writing from the Austrian Ministry, this would give you something to prove an authority has told you it is ok. Best of luck! ✈️
Kamal
July 10, 2018Hello Lindsey,
I am citizen of Nepal & i came to Schengen area(czech republic) on 90 days, tourist visa in May 2017. While i was in Poland , i got offer for job before my visa expire, so i apply for Residency permit in Poland on the basis of work,before expiry of my 90 days tourist visa. Since, i have valid contract with employer who is ready to sponser my work visa & ready to give me job, Polish immigration here in warsaw accept my application & my application is still on process. It has been over a year i am waiting for my residency permit, but the application is still on process & polish immigration are not sure when they will be giving me decision regarding a work permit because of heavy number of immigrants applying for work permit. I am tired of waiting now & planning to quit the process & go back home voluntarily. 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. Please kindly let me know, will they block me, if i want to come back to schengen area in future.
Lindsey
July 20, 2018Hi Kamal, usually if you have a visa processing, this will not be counted as an overstay. Each country has different rules, so I suggest contacting your immigration board.
Kirt
July 9, 2018Hi Lindsey,
I have been traveling a lot for work this year, and it appears that I overstayed 2 days on a previous visit. I am currently outside of the EU, but my return to the USA is through the EU with entrance in Finland and exit through Germany.
Dates:
1/14/18 – 3/31/18
6/9/18 – 6/23/18
92 days
Next Dates
7/20/18 – 7/27/18
I was not stopped or questioned when I exited after overstaying 2 days, but any math done will show a previous overstay during a 180 day period. During the back to USA leg, I am in compliance regarding the “90 in 180 period”.
If I was not stopped during exit on the first trip, would they do anything about it during the entry / exit during the return trip?
Thanks
Lindsey
July 9, 2018Hello! They could mention it to you when entering and can choose to deny you entry or give you less days. But I think you will be fine. I would recommend keeping your length of stays inside Europe less if you are traveling so frequently for work. Or tell your work you need a different type of visa if they are sending you over frequently for longer periods. In the end, it is your responsibility to comply with local laws when traveling, so make sure you watch out for you! ☺️
Juan Manuel Courard Martínez
July 3, 2018Dear Lindsey: Congratulations for your blog. I have the following question: my wife overstayed his staying in Europe because I came here to study a Master’s Degree in Europe and she applied along me with reason of family ties. She waited for it in Europe even though she had to do it in our home country because as a marriage we didn’t wanted to be separated and we were confident that after a few months, the decision would have been positive. But after 10 months of waiting, her application was rejected because we didin’ t have a huge amount of money they required (because we were a couple of non-EU) and we were a couple of thousands euros less. I, on the other hand, never got any problem in having my first student visa and then my renewal. Now we are leaving Europe back to our home country and we are afraid that this would enable her to ever applying to a visa in Europe in the future (she wants to study a Master’s Degree here), as well as being arrested by the Police. Is there a way that aknowledging this situation to the authorities, paying the respective fine and making all the right paperwork we could avoid these terrible consequences for her? Thank you very much for your help.
Alex Schwab
July 3, 2018Shoot, this is Alex again. I realized right after hitting “post” that I probably should have included some other details.
There is a stamp on my passport for my entry date into Hungary. However, the date is the only part of the stamp which is truly legible. The rest of the ink is barely visible; there is “E 081” at the bottom right of the stamp, and one can barely make out the train icon in the top right corner. The stamp doesn’t show anything else; it was a weak stamp; not much ink. I think it was stamped in haste, and not run through any device; the agent was quick with me because there was a bit of a squabble going on nearby, between his colleague and a passenger without a passport; they removed him from the train.
Anyway, my main question remains, how do we find out the info about our travels that is stored in the Schengen Information System?
Thank you,
Alex
Lindsey
July 5, 2018Hey Alex! Your passport probably has not been entered into the SIS if you were never stopped by border guards to be questioned or signed something. If you try calling the US embassy, they usually want your passport details before answering any questions (at least they do here in Sweden whenever I call), but you can try! To find out if you are in the SIS, you need to call the immigration board, or whoever issued your visa and ask to have this information. best of luck!
Alex Schwab
July 3, 2018Hi Lindsey,
I am an American who has overstayed in Hungary, about two years. (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.) You say we can check somehow to see whether our passport has been entered into the SIS, via the chip on the passport. My question is, whom would you recommend I ask? I am afraid to ask the American embassy or consulate here in Hungary while I am here, overstayed. Can I just ring up any American embassy or consulate in any other country to ask about this? Thank you,
Alex
Balaji Punuganti
July 2, 2018Dear Lindsay, Great that I found this article. I have a situation and hope that you could provide me an answer. I am a resident of hamburg and I sponsored my mother in law to enter Germany for 90 days. While leaving she was caught by the officials at Frankfurt saying that she overstayed by 1 day. 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. I explained the officer that its due to a miscalculation and not intentional. Now that they got her signature in couple of documents ( not sure which one) and let her board, I need to know if I will get a fine being a sponsor as they did not ask her to pay anything. If yes, how much would that be? my next question is whether she will be banned to enter schengen again? If yes, for how many years? and is there a way to waive the ban off? if yes, then how? Would be great to hear from you.
Lindsey
July 2, 2018Hey Balaji! Thanks for commenting about your issue. Sorry to hear your mom had problems visiting. They most likely made her sign a paper acknowledging her overstay. I doubt it was a ban. But depending on what the paper said, this could cause future trouble when applying for new visitor visas. She has the right to contact the German embassy in her home country and ask if she has been added to the Schengen Information System due to this issue. All the best!
FAKHRI
June 29, 2018Hello Lindsey, thank you for the great information you have shared and it is really very grateful that you are almost answering everyone inquiries!
My wife and kids overstayed one year in Germany! We are from Saudi Arabia, my wife and kids enrolled in the normal German schools and language schools without any probkem. They have entered last year on tourist visa and tried to extend their stay but failed. They entered from Frankfurt airport and they will leave from Prague airport next week. Will they face any troubles in Prague airport while leaving? Also my wife got an acceptance letter from a German university to procude her master degree just yesterday! Do you think that she will be able to obtain a student visa from German embassy in Saudi Arabia easily provided that all requirements met except for the overstaying issue!! One more thing, the immigration office have asked them to leave Germany by December 31, 2018 but my wife claimed that she can’t interrupt the kids studying at schools and that they will leave after school year ended June 28, 2018.
Lindsey
July 1, 2018Hey Fakhri, thanks for the kind words! Unfortunately, your wife doesn’t really have authority to tell the immigration board when she will or will not leave – she has no authority to do so, regardless of if the kids are in school (remember, they are there illegally as well…). 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. This will also affect her chances of applying for a future visa. If you are living in Germany on a visa (you never mentioned if you were overstayed or not) then you should be able to invite them over legally on your visa for ‘family reunification.” Here is the information for that: https://saudiarabien.diplo.de/ksa-en/service/01-Visa_National/-/1201880
Anonymous
June 25, 2018Was wondering if you have encountered someone who overstayed their schengen visa, left the schengen area without getting/paying a fine or warning from the border officer and was eventually able to successfully reapply for a schengen visa?
Lindsey
June 25, 2018Yes and no. It depends where you are from. If you’ve had to apply for a visa and given biometric details, you are more on record than someone with a visa-free citizenship (ie: Australian, Canadian, Peruvian, etc). Most cases I hear with someone who has to apply for a visa to visit have issues in the future even if they were not caught. I have more info on this under Situation F: http://www.everyoneinbetween.com/2017/09/top-questions-about-schengen-visa-overstay-answered/
rocky cruzado
June 25, 2018Hi Lindsey,
I am a Palestine national, living in Saudi Arabia and was issued a 10 days tourist Italian visa (not schengen) and planning to visit various city at Italy this coming July 2018 with my family. However, the 10 days visa validity is too short for my planned itinerary. Would you please provide me the repercussions if the do decide to leave italy 4 days after the validity of my tourist visa.
Lindsey
June 25, 2018Hey! You should apply for an extension before you leave for your trip. I recommend calling the Italian embassy in Saudi. Your punishment from overstaying could be denied a future visa, or a ban from all Schengen countries. Not worth it! 😧
Manoj
June 13, 2018Dear Lindsey,
I am an indian and I have been to Luxemboug on a short stay Business Visa through my company for the first time and I returned before the expiry date of the Visa without considering “Duration of Stay=90” into account. As a consequence because of this unintentional human error, I returned on 94th day back to India without any question, warning stamp or fine at the counter. After 4 months from this incident, now I am applying for my masters in France, will I have any problem getting my student visa, if yes then should I opt for any other non european country for my studies for successful Visa process?
Lindsey
June 15, 2018Hey Manoj, this could definitely affect your student visa. You can always appeal if you get denied, and plead your case about the confusion. Your issue is quite common, and I talk about it in my Top Questions About Schengen Overstay Answered under Situation E. Applying to a non-EU university will probably not affect a student visa in that country since you weren’t detained or deported in another country – just overstayed. But if it is an EU country, they could have record on it.
Alberto
June 6, 2018Hello Lindsey, I am so glad I found this page! I have a few questions and I really hope you can help me.
My name is Alberto and I have been studying at a performing art school in Spain for the past 3 years. The past 2 summers I have gone back to America to renew my student visa.
The thing with student visas after a 90 day period (Sept.- Dec.) I normally would have to extend my student visa from January – June in Spain. Unfortunately I was unable to get an appointment with the Spanish consulate (it was not easy getting an appointment in Spain this year especially with Catalunya trying to get their independence from Spain it made it sort of impossible).
And because I was scared to leave home for Christmas and not being allowed back I stayed in Spain. I also haven’t left Spain since September when I arrived and I was wondering if that helps in any way.
My problem now is that I overstayed my 90 days as an American tourist in March, it is now June and I graduate this weekend. 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.
I also got an amazing opportunity to work with a Russian choreographer for a performance in Barcelona in July and this is why I want to see if I can fix my visa and be able to stay a bit longer without getting in trouble when leaving.
Please let me know anything I can do, I would appreciate it so much!
Thank you,
Alberto Serrano
Lindsey
June 9, 2018Hey Alberto, congrats with the opportunity to work with the choreographer! Sounds like a blast. Will you get paid to do this? If so, you might need a work visa since you definitely cannot get paid on a tourist visa, keep in mind (especially an expired one). Usually, if your student visa expires, you cannot renew it within the country. You have to apply to do this before it runs out. As for the tourist visa that ended in March, you cannot renew that unless you leave for 90 days. I think your best bet is to leave as soon as possible and try to figure out if the choreographer can possibly sponsor you, or you can try and get another student visa to “learn Spanish” or something? Best of luck!
Philip H
June 5, 2018Hi! Thank you so much for posting this update to this article. I hope you have a few minutes to help me with a few questions I have for you. For a little backstory to my situation, I originally came to Barcelona in the summer of 2016 but stayed here because I got married to an Italian. We have been waiting almost a year and half for her visa to come to America as my wife and soon we will come. I entered in Barcelona and have 3 stamps from Barcelona for entering, leaving 80 days later to UK, and entering again in Barcelona 13 days later and have not left since. I have been traveling between Spain and Italy via boat and have never once been asked for my passport by any police officer. I also have never worked illegally because I am a programmer that works remotely for clients in the states.
My question to you is in your article you say to leave from a different country than the one you entered which sucks because I entered in Spain and you recommend Spain to everyone. How do you feel about Italy? What is the maximum fine I could get leaving Italy? Will being married to an Italian change how the immigration treat me when I am leaving to go home? Should I explain my story?
Could I leave from Denmark legally because of their bilateral agreement with America? That’s how I was legally able to get married there even though my Schengen visa was expired.
Also I don’t ever remember my passport being scanned or my passport number being typed into a system when I entered through Spain both times and me and my wife were both over 90 days and didn’t even wait 90 days and they stamped us both back in. Is it possible we could leave from Barcelona? What is the maximum fine in Spain?
Lindsey
June 5, 2018Hello! Thanks for writing in – a lot of people think if they get married while on their tourist visa to an EU citizen, they can automatically stay legally (so I appreciate your story proving otherwise). The bilateral agreement with Denmark won’t work in this case since you’ve overstayed by like 2 years. You should have stayed in UK longer!! Americans can stay 6 months in UK as a tourist. But shoulda, woulda, coulda, right? 😉 The max fine is about €1500 but being banned from re-entry is the issue. I think you should leave from Italy since you are always stamped from Spain. 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. Best of luck!
Clara
June 3, 2018I’m American, have overstayed my D visa in Greece by about 3 years… I’m married (but separated) from an EU citizen. I was supposed to get a residence permit here, but the husband never came to help with that. I have the marriage certificate with me and plan to leave for at least 90 days at the end of the month. I entered through France (husband is French), so there’s no record of me in Greece. Thinking to leave through Spain, spend my 90 days out, finalize the divorce, come back, and marry a friend. Any advice?
Lindsey
June 4, 2018Hey Clara! Thanks for writing in. This sounds a bit tricky. Marriage doesn’t allow you to stay in the country – the spousal visa does, which has to be applied for usually from outside of the country you are applying to live in, as I am sure you know. You could exit through Spain, but that doesn’t mean you wouldn’t be caught. That will be an issue if that happens. However, if you are not caught, staying out 90 days would help for re-entry. But, marrying a friend from a Schengen country while you are already IN the Schengen country as a tourist doesn’t give you automatic permission to stay. Depending on what country it is, you have to submit a lot of paperwork months in advance – which would have you overstay your 90-day tourist visa again. I suggest marrying in America, and submitting all the paperwork, then when approved, apply for the spousal visa from America that way you won’t overstay and risk being deported or fined. Hope this helps!
Michael from America
May 30, 2018Hi Lindsey,
I’m an American citizen and I’m planning to go back to the U.S. very soon. I’ve overstayed my Schengen by many months. I’ve been living in Germany, and my passport was stamped in France. Would you recommend I leave from Amsterdam or Barcelona? Thanks 🙂
Lindsey
May 31, 2018Hey Michael – I suggest leaving from Spain. Best of luck! ✈️
Namatovu Phosa
May 28, 2018Hi Lindsey I have a question. I come from a non Eu country. I was married to a german but got divorced before I could get my permanent residence. I got a resident permit that expires in 2019. I now want to move to Italy to be with my new boyfriend. I don’t have an Italian permit yet. My question is will I lose my german resident permit because I am divorced now? I want to stay in Italy for some more months before I finally leave for my home country. Will I have problems exiting eventhough I have a permit that hasn’t expired? Does my permit automatically expire after a divorce? How will the immigration officers know if it’s expired or not? Thank you
Lindsey
May 29, 2018Hey! Thanks for writing in. No, it wouldn’t expire after your divorce. It just expires after the expiration date, and if you are no longer living in Germany – it is only permanent if you are still living in Germany. Also, please note that a German residence visa does not grant you permission to live in Italy. You will have to apply for an Italian residence permit. If you exit with an expired permit (as in it’s past the expiration date on the card), the border control will most likely stop you, because they do ask to look at your permit when you exit.
Navid
May 23, 2018Hello.
I am Iranian and I am in Spain now. My ticket for go back to Iran is in 13th June. But my Nie will be expired in 10th June. I will have just a stop-in-airport in Germany(Frankfort) and then I will go out from Schengen area. I asked from Spain’s police and they told me that i don’t have problem in Spain to leave but they wasn’t sure about Germany. I am worried that If I want to get visa again it will make a problem for me.
Lindsey
May 29, 2018Hey Navid, if your visa to be in a Schengen country expires June 10th, and you are exiting on June 13th, you will most likely have a problem on your exit Schengen country, which is Germany. Germany does not care about Spain…just the fact that you are exiting their country illegally. You can bring paperwork, but since you are aware of this issue, I would re-book your flights to make sure you don’t run into any trouble. Best of luck!
Kiki
May 23, 2018Hey Lindsey, it’s amazing what you are doing!
I needed some information, I’ve read your article and got really happy when I saw I can actually ask you about the thing.
So, I’m from Serbia (non-EU), but I can stay in Shengen countries for 90 days without any visa or anything.
The thing is, I’m studying in Spain on Erasmus Programme since September, I had 6-months student visa and it expired on 18th of March. But, I figured out I have 3 more months without any visa. The thing is, third month expires on 18th of June, and I have my exams until mid of July. So my stay in Shengen from 18th of June will be illegal. Today I went to extend my visa and it is impossible (because it expired). Do you know any way in which I can stay in Spain until mid of July legally, because I really have to finish my exams.
Thank you so much in advance.
Kiki
Lindsey
May 29, 2018Hey Kiki! It is true you can only extend a student visa while it is still valid, but the other question is are you allowed to be even studying on a tourist visa when your student visa expired? I would be very careful with that if you are asked that question by border guards. Unfortunately, I don’t 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. Sorry about that. You can try contacting the Spanish Embassy in Belgrade to see if they have an official answer to help you. http://www.exteriores.gob.es/embajadas/belgrado/es/Paginas/inicio.aspx
Juliet Sato
May 21, 2018Hi Lindsey
I found your blog to be very helpful for me.
I am planning to get a visa going to sweden anytime soon. My boyfriend is originally from chile but already living in sweden with his whole family for more than 30 years now and so they are now a swedish citizen. As of now my boyfriend has no work yet so his mom will be my sponsor going there as she has job and own a house there. But my real concern now if i will be granted with 90 days tourist visa then I am not planning to consume the whole days there coz I am also going to Svalbard in the north pole of Norway. This area is visa free and my sister is there now with her boyfriend. So my question is, would it be possible to do that? To cross country out from schengen which has no visa needed and don’t comeback yet to my home country before my 90 days visa expired. Coz I am staying there for maybe 6 months. And my concern now is I am scared to have problems later in processing my visa back to Sweden to be with my boyfriend again coz it might shows in the records or in the immigration that I did not went home before my 90 days expired. In addition we are also planning to get married in sweden before the visa expired and after I go back to the Philippines from Svalbard to process the permanent residency permit after getting maried i Sweden
Thank you in advance for your hep.
More power to you.
Lindsey
May 21, 2018Hey Juliet! Thanks for writing in. It doesn’t matter where you wait for your decision for your visa to Sweden, as long as you do not enter Sweden while your visa is processing. And just so you know, you don’t have to get married to come live with your boyfriend in Sweden! Sweden has a ‘relationship visa’ which you can apply for outside of Sweden. Hope this helped!
Elizabeth
May 17, 2018Hi !
So here is my situation, I hope someone can help me or give me advice :(. I am an Australian citizen in France at the moment. My 90 days tourist visa ends on June 21st. My French partner and I want to get married before that (in Denmark as its a hell of a lot less paper work). Would I be able to stay 1 -2 months extra in France with just a marriage certificate?…So basically would I be able to stay 40 days extra on the grounds on just a marriage certificate to a European national?.
Any help would be appreciated
Elizabeth
Lindsey
May 20, 2018Hey Elizabeth! There is a lot of paperwork that happens in order for you to have the right to stay in Europe. Just because you married a citizen of that country doesn’t automatically grant you the right to live and work there. You need to apply for a spousal visa. If you get married in Denmark, you need to apply for a French spousal visa. So no, I don’t think you can come back to stay in France (or anywhere in Schengen) if you get married. You will need to exit to a non-Schengen because you will no longer be on a visa. I suggest visiting your local City Hall and asking this question. They should have more information. (Congrats by the way!)
However, Australian citizens have something called a bilateral agreement with many countries (you can read my post on it here)…so this basically gives you the right to stay in many countries for 90 days each (France being one of them). So if you have not spent your full 90 days in France in a row, then you could actually get away with staying a bit longer and claim ‘bilateral’ if you are questioned.
romel
May 7, 2018Hi Lindsey, your website is awesome, great work. I have a question, I overstayed for 37 days in France and went out of the shengen zone to Thailand, the cbp officer told me he flagged me and gave me a warning, but he let me go without a fine or a ban, he said right now I can’t go back to the European union, he told me to calculate my time since I entered, I first came in on November 1st, left on January 29, and came back with a different passport (dual citizen) and stayed all april and a bit more, so my guess is from when do I start to count? The cbp officer merged my passports (the dates) so I have the overstay, can you help me please? He said I can come back, but I need to wait, how much? I can’t find anywhere an answer, thank you Lindsey
Lindsey
May 7, 2018Hey! You count the days days the moment you go through border control in a Schengen country and ends when you exit a Schengen country. As for how long your ban is, you need to contact your local consulate in your country because you have the right to know if you are on the Schengen Information System (SIS). Please see my blog post on the SIS: http://www.everyoneinbetween.com/2017/05/the-truth-about-schengen-information-system-sis/
Nick
May 6, 2018Hi Lindsey,
Sorry if you’ve already answered this but I read through many of the posted questions and could not find the answer. I am an American currently teaching in Spain under a type D visa that expires on June 30th, after that date do I automatically get a 90 day travel visa? If so, am I allowed to leave the Schengen states for a short trip and come back on the travel visa?
Within the time I have been in Spain I have left and entered the Schengen States multiple times and have all the stamps. I just want to know if I am at risk to travel after my visa expires but within 90 days of its expiration.
Thank you!
Lindsey
May 7, 2018Hello! If you have gone to Schengen countries during your D visa, this means your 90 days within 180 day tourist visa started the moment you went to another Schengen country outside of Spain (your visa is for Spain only…other countries see you as a tourist, so if you were stamped in any of them as proof of entry or exit that is on your 90-day tourist visa). If these trips were just short weekend gettaways, there is no real issue. You just should calculate how many days you have spent in the last 90 days outside of Spain in Schengen countries. If it is close to 90 days, then you need to be careful in your future travels around Schengen.
Elena H.
May 2, 2018Hi Lindsey,
Do you happen to be familiar with the Barcelona airport control?
I would have overstayed my visa by 31 days on the date of my departure. I entered Spain through Madrid but found a cheap ticket leaving from Barcelona.
In the past, I accidentally overstayed by 3 days but flew out from Madrid just fine. Now I’m worried about the Barcelona airport because I have never flown from there….
Lindsey
May 6, 2018Hey Elena! Hope you are well. Spain tends to have a more “lenient” control in general. They see a lot of tourists come and go. Since you have overstayed, I still would be cautious because it really is up to the border guard on if they choose to proceed with punishment for overstaying, or just looking the other way. Some advice, go to a male guard if you can 😉
Bekah Roberts
April 29, 2018Hi Lindsay,
Serious question:
I am living in Austria with a “Visum D”, and it expires on April 30th. I am continuing to travel around mostly by car with my boyfriend, who is an Austrian citizen. I am working again in Austria in Summer but my company (which is Austrian) has not yet obtained the new visa as it can be difficult. I don’t have any plans as of yet to travel back to America, but I also don’t have any plans to travel outside the Schengen area either.
I do have one trip planned, I plan on flying to Bilbao, Spain for three days to see a friend of mine from the states. I would be flying Vienna-Frankfurt (45 min stopover) and then to Bilbao. My question is will their be a passport check within Vienna and Bilbao, or a border check? I am just nervous, because it would be after my visa is technically expired. I am a American citizen, but I can’t find where it states how long I can be in the Schengen area after my visa is finished. And even if I’m not allowed to be here, what are the risks of traveling by plane within the Schengen area?
I appreciate any advice you have! Thanks in advance! 🙂
-Bekah
Lindsey
April 29, 2018Hello! Were you on a work permit? If your permit expires, you do need to leave Austria. 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! As for your travels to Spain, there will be no passport control between Austria > Spain.
ninaariana
April 26, 2018Hi Lindsey,
I’m an American who has been living in Spain for the past year and a half on a student visa. I had to head back to the U.S. unexpectedly and left Spain on the day my visa expired. I am currently in the process of renewing the visa with a lawyer in Spain but didn’t have time to get an authorization of return before I left. Do you know if I will be able to re-enter Spain on a 90 day regular tourist visa when I go back next month? Thanks,
Nina
Lindsey
April 29, 2018Hello! You should be able to re-enter as a tourist for 90 days. However, some countries do not allow your touristic time after your student visa in their country has expired. I suggest directly contacting your school administration or the Spanish immigration board that issues your student visas. They should be helpful in giving a direct answer. ☺️
Jack
April 24, 2018Hallo Lindsey,
I’m in mirth and glad to have found your blog. It’s really well written and nice anyway.
My case is different compared to the others. I don’t have tourist-visa like they do but residence permit as I was
a student in Germany. I’ve 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 won’t return back to Germany or any Schengen country. Besides, I am not willing to pay the fine which is ridiculous(let’s say €300 or more) as I don’t have that amount of money. My question is, what do you think they will do to me as I don’t want to pay the fine? Arrest me?
Or will they just let me go so I won’t miss my flight at that day? I’m not going to use the word “deportation” because my case is completely different.
I’m looking forward for your reply/answer Ma’am.
I bid you a good day.
Thank you very much.
Lindsey
April 29, 2018Hello! Thanks for the kind words. You won’t be arrested if caught – but you will most likely be banned from re-entering any Schengen country within the next 3-10 years until you pay that fine (if issued to you). They cannot “deport” you if you’re already at the airport leaving. So you’re clear of that. But if you ever want to apply for another Schengen visa in your life, you could be denied a future visa if you have had a ban. Best of luck!
Joe
April 16, 2018Hi Lindsay,
I really appreciate your page, it’s helped calm me with my situation. I am on a Schengen visa from America to Europe, and my 90 days are up at the end of the month. However, I have an academic French exam on June 6th. I have to take the exam and pass in order to continue my studies for the Fall. I do not have a student visa, but I was a student in France last year with a student visa. I did not enter the Schengen through France, but through another Schengen country. Do you have any advice? I would like to take the risk to stay the extra 30 days, but I am not sure.
Thank you
Lindsey
April 17, 2018Hi Joe! Glad you found my page calming. It is true that Americans can study without a student visa for less than 90 days. Did you choose a course that was more than 90 days? You need a visa for any courses that are longer than 90 days. Unfortunately, legally you should leave when your 90 days are up. If you are caught overstaying, this could affect your student visa application for the fall. I suggest applying for a tourist visa extension ASAP at the immigration office, or speaking with your school on how to help. If you had applied for a course that needed a visa, unfortunately, this is a mistake that could cost you some chit-chats with the border guards. Are you able to take the exam early?
Lachlan Abe Quinn
April 14, 2018Dear Lindsay, A loved one has asked for my help and now I am turning to you. They went to Europe on Schengen visa from Australia in February and arrived in Paris and then went to Portugal. Next they are going to Paris/France and leaving it on the 90th day of their visa. But, they are only in UK for 6 days (due to money and a job falling through there) and are going to try and get back into Lisbon to see their defacto partner again and a couple of weeks later they have finally got their VISA interview with the officials in Portugal to make an application for a longer stay visa for Portugal. She has been studying and has support letter from the college, but no student visa, and she has not tried to get any type of co-habitation visa, and is not working. She will be trying to get back into Portugal after using up all of her 90 days, mostly because she wants to try and get her visa application meeting undertaken. What can she do? Plan A is to try and get back into Portugal having blown her 90 days already only to see if she can get her visa extended out or a different visa…and Plan B if that fails is to try out for another job in London and spend the remaining days there of the 180 needed in total and then get back into Europe on the Schengen again as a fresh start. She would have to return to Australia to get that visa again wouldn’t she? Any ideas you can share would be greatly appreciated. We are very concerned for her stress and anxiety levels and need to help her out. Thanks Lachlan
Lindsey
April 16, 2018Hey Lachlan! Your loved one will have to be on a legal visa if they want to switch to a work/resident visa while in the country, so if she chooses to overstay…then that won’t work out very well. She needs to stay out of Portugal for 90 days. I recommend she apply for a working holiday visa in a different country like UK or basically any other Schengen country that has working holiday visas available for Australians.
Sam
April 5, 2018Hi Lindsey,
Great article and replies to all the comments! I’d appreciate your advice on my situation if you have a moment? I have overstayed my 90 day tourist allotment in Spain by about 35 days. I was here on Youth Mobility Visa, that expired so then the 90 day tourist visa kicks in. I’ve traveled in and out of Spain in that time, but all Schengen countries. I am Canadian. Now, i will be leaving Spain to go live in New Zealand on a working holiday visa. My concern is getting caught when i leave Spain. I’m not concerned about getting back into Europe any time soon, or the potential fine, my concern is getting a black mark on my passport that may cause New Zealand officials to turn me away when i get there, even though I have a NZ Visa.
Do you suggest i go to maybe Portugal or Italy to leave since i first entered in Spain? I know Spain is one of the more lax countries when it comes to checking passports but do you think its safer to go through another Southern country?
Many thanks for your time Lindsey!!
Lindsey
April 5, 2018Hey Sam! It’s probably best to leave from a country you have spent the least amount of time in, like Italy. Either way, it is up to the border guard in any country. I think you will be fine, though. NZ will not turn you away, but if you are caught in Schengen, NZ control could obviously question your potential to overstay their visa after it expires. So make sure you have a good reason for why you overstayed Schengen if asked.
Megan
April 2, 2018Hi Lindsey, how are you? Thanks a lot for all the information. I read through all the comments but I have not seen my specific topic. I am American citizen, i entered in potrugal. I have overstayed my visa mostly in france due to unforseen health issues. Now I need to go to Spain. Will I have an issue traveling within the schegan space?
Lindsey
April 3, 2018Hi Megan! You’re welcome! You wouldn’t have trouble traveling within Schengen unless there was a reinforced border check, which France actually might have until April 30th, but that is only if you re-enter France. However, if you are now able to travel between countries, you do need to leave Schengen as soon as you can because you would be deemed “well enough to travel” and no need to continue to stay. Also, make sure you have all the doctor’s receipts or hospital stays that would not have allowed you to leave properly. You would need this as evidence of the reason for overstay when you exit Schengen and border agents question you.
Arturo
March 26, 2018Hello Lindsey! what a great and helpful article!, I have a question:
I overstayed 19 days last year (from September 4th till December 26th) but wen out once to the UK for 5 days during those 109 days I stayed in the Schengen Space, I was not aware of the 90|180 rule and I thought once you leave the Schengen space and come back you’ll have another 90 days.
I’m Mexican and i have the right to stay 90 without a special visa just my passport.
When I tried to leave the Schengen Space through an airport in Italy the passport control officer noticed that I overstayed and he explained to me how the 90|180 rule works, I explained to him that it was not an intentional overstayed and he noticed that I had stamps from all over the world and from a lot of European countries from my prior trips, at the end he stamped my passport and he let me go without paying a fine, being deported, had a red stamp on my passport or being warned that I was not welcome in the Schengen space for an amount of years, he just said that I need to be more careful with that and it should not happened again.
After that I came back home without further issues, but I’m planning to visit Germany by the end of July or the beginning of August.
My question is: if I didn’t had any consequences for overstaying ¿will I be denied on my next trip to Germany for my overstaying on my prior trip? ¿Am I able to visit the Schengen Space 7 months after my overstayed or should I wait 1 year and try by December 26th 2018? ¿Or you think I will not have any issue?
I can demonstrate I can support myself (platinum credit cards, round trip ticket, cash, hotel bookings etc)
¿Is there a page from the European system where I can check if i have any van to enter the Schengen space ?
Thank you so much for reading and replying.
Lindsey
March 26, 2018Hey! You’ll be fine on your next trip. Schengen only looks 180 days back, so they won’t even glance at your previous trips. Just make sure you do not go over 90 days again! Happy travels ✌🏼✈️
Michael from America
March 24, 2018Hi Lindsey,
A thousand thank yous for all your thoughts. You’re helping people who are in really bad situations and that’s a rare and greatly appreciated thing.
Here’s my story. I’m a U.S. citizen. I’ve been living in Germany for about 18 months. I arrived in Oct. 2016 and had my passport stamped in Paris (where I had my layover). I’m a student in Germany and had a German residence permit, which expired in Oct. 2017. As a side note, I didn’t renew because they require ~700 euros a month in a bank account to make sure you have enough money to live. I didn’t have that much money but I’ve been able to survive just fine.
Anyway, I’m planning on going back to the U.S. for good in like August or September, so I’ll have overstayed by almost a year.
Do you have any advice? Should I leave out of a different country than Germany/France, and if so which ones are my best options?
I’m also thinking perhaps my best option is applying for another resident visa at this point (I’m still a student here), have it sent to my parents in the U.S., and then have them send it to me. Do you have any thoughts on this?
Would be very grateful to hear anything you have to say on this. Cheers!
cassie
March 23, 2018Hi lindsey, i was wondering if when a passport is scanned in the schengen area is it being tracked? and when it is scanned is the border official able to see where you have been? or can they only track where you have been by stamps?
Lindsey
March 24, 2018Hey Cassie! The passport is scanned for 2 different reasons. To check the Schengen Information System and the Visa Information System. You can learn about both of them in the links I provided in bold. But it depends on what country you are entering and exiting. Some countries track their entries and exits via scanning, but all countries do not share each other’s entries and exits. Usually, the border guards will look at the entry stamp to Schengen to see when that was.
CarG
March 22, 2018Hi there, I was wondering if I went to Italy and stayed for 90 days then left back to Canada and wanted to go back under a type D visa residence permit, do I have to wait a certain number of days outside of Italy? Or can I apply right away?
Lindsey
March 22, 2018Hello! 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.
Celina Ewing
March 21, 2018I flew into London from Berlin on January 4 the first time but did not get any stamps in Berlin. Even if there were stamps, that would mean i have until June 4, correct?
Celina Ewing
March 21, 2018I ended my Christmas travels in London and returned to Spain through Valencia. I also took another London trip in february, returning through Barcelona, giving me two London stamps. The only other stamps are from Morocco. Also, the border control officer won’t be suspicious of me going back to spain even though the expired visa will be right there? Thank you so much for your help Lindsey:)
Lindsey
March 21, 2018As long as you always exited from Spain and flew back into Spain, that would not start your tourist visa. As an American, you get 90 days of tourism in Schengen – so when you fly back in, the officer would recognize you are no longer using that visa. If you are questioned, make sure to have some proof of your plans in other Schengen countries (accomodation reservations, etc), and of course, your exit ticket from Schengen in June to prove you won’t be longer than 90 days.
celina ewing
March 21, 2018Hi Lindsey! I’m an american currently studying in Spain on a 6 month visa that began Sept. 19, 2017. My visa is expiring April 1, 2018, but i would like to remain in Spain and continue traveling throughout the Schengen until june. If i fly out of Barcelona to London on the 31st of March and try to return on the 2nd of April would I run into a problem? I travelled throughout the Schengen area over Christmas break but did not get my passport stamped at all. Would this mean that technically I have not began the 90 day in 180 day period tourist visa?
Lindsey
March 21, 2018Hi Celina! Hope you’re having a great time! I would make 100% sure you have no entry stamps anywhere from your Christmas trip in Schengen. If you do not, then you could get away with your plans until June. Your plan on going to UK on the 31st-2nd is great because you will re-enter Schengen on your 90-day tourist visa. Enjoy your travels this spring/summer ☀️
Bailey
March 20, 2018Hello,
I am a US citizen and have overstayed my visa in Spain by about 7 months. I am trying to get back home to the US soon and I am a little unsure about my flight back home. The flight leaves from Madrid and then I would have a layover at London Gatwick before going back to California. I am wondering, will I have problems with that layover at Gatwick? Would it be safer just to fly to Barcelona and leave from there? Thanks for your help.
Lindsey
March 20, 2018Hi Bailey, thanks for writing in! The problem is you are leaving from Spain, where you have spent your entire time. You had no other entrance stamps from other Schengen countries? My suggestion is to always leave from a Schengen country you did not spend most of your time in. This doesn’t mean you’d get out unnoticed, but most countries are worried about overstaying in their own country. It’s not the UK that would catch you (because they are not Schengen), it is exiting Schengen from Spain where you overstayed by 7 months! Best of luck!
Amy
March 16, 2018Hello!
I have been reading about Schengen for a while now and am still a bit confused. I am a EU citizen with a EU passport (but living in the U.S as permanent resident), I’ll be traveling with a U.S citizen this summer. We will be leaving London around June 20, travel through Schengen countries until we reach Croatia early August, stay there for about a week, and head back to Schengen countries again (Italy, Spain). We leave from Spain in the middle of October… My question is, does she still need to apply for a visa since the total trip is longer than 90 days, even if we break it up with Croatia? Or is it possible to just continue the travels and not worry?I’m not familiar with this because of my passport status, but don’t want my friend to have any problems.
Thank you!
Lindsey
March 18, 2018Hello! If you are an EU citizen with an EU passport, none of this applies to you personally. But according to your plans, your U.S. friend cannot legally travel in Schengen countries for more than 90 days within a period of 180 days. If they want a visa extension, this is not just given for touristic purposes…but the extension is actually more for medical purposes (meaning your friend cannot leave hospitals or her bed). Your U.S. friend can stay 6 months as a tourist in U.K, and if you combine that with going in and out of Schengen countries, like Croatia, they could technically “beat the system” of 90 days. But you’d need to be spending more time in non-Schengen countries than just a few days. Please take a look at my Schengen calculator to get a better understanding:
Ryan
March 16, 2018Hi Lindsey,
I’m a US citizen traveling to Europe in May. Last year I was in Germany and I believe that I overstayed my Schengen visa by 6 or 7 days for a total of 96-97/180 days. Thankfully, I had no problem exiting, but I’m not sure if this is because my entry and exit out of Schengen were different, I entered through Iceland and exited from Amsterdam or if it was just overlooked. Anyways I’m worried that I’m not out of the clear and wondering if I will be fined or denied entry upon arrival for my next trip? Do you have any insight on this?
Thank you!
Stefan Paliwoda
March 12, 2018Hi , I overstayed my visa in Italy for about 6 months. I am leaving now and would like to find out whether I will get into any trouble that might cause me to miss my flight back home?
Lindsey
March 18, 2018Hey Stefan, border control could definitely stop you and speak to you for some time. It’s best to make sure your layovers have more than 1.5 hours before your next flight. Best of luck!
Mitar
March 12, 2018Hello, i would like to know do you know what can happend with me without visa in France, i should leave the country in November and i’ll do it in May after the season of basketball ( i play here, but my club didnt make visa for me) I’m not EU,I’m from Serbia. Can they just ask for money or they can ban me from EU for 1-3 y?…i can show them that i played here legally basket and i was on the university too..
Lindsey
March 18, 2018Hey Mitar, if you are in France playing Basketball for an EU team, they should be providing you with a visa that covers all your games and practices. If you are caught without a proper visa, you can actually be banned and that will ruin your chances in the future from playing ball in other Schengen countries. I would speak with your basketball coach immediately – as they do understand these consequences and should be able to help you.
Anonymous
March 12, 2018Hello what will happend if you over stay for a one month sangem visa?
Lindsey
March 12, 2018You could get fined, deported, banned, or your next visa denied. This can happen to you no matter how many days you overstay. It’s not a good idea to purposefully overstay!! 😰
Ariel Shearman
March 7, 2018Hi Lindsey,
First, thank you for all the advice and information you offer! I am trying to plan my trips to Europe in a way that I don’t overstay and can stay for two months this summer. I tried using the calculator you have, but wasn’t able to determine whether my plan would be viable. I wonder if you would advise how to use the calculator, as well as take a look at my dates below, and let me know if it would work. Thank you!!
Europe dates:
Already travelled-
7/29/2017-9/10/2017
1/20/2018-2/21/2017
Proposed travel:
4/7/2018-4/18/2018
6/21/2018-8/29/2018
Lindsey
March 10, 2018Hello! You didn’t mention your country origin, but your proposed travel plans should work just fine if you are on a basic multi-entry Schengen C type visa. I plugged in all your days, and my calculator says you would have stayed 75 days in Schengen in a 180-day period. Parts of your proposed travel dates are almost 1 year after your trip in 2017, so those days in 2017 won’t count anymore. Happy travels!
TJ
March 7, 2018Hello Lindsey, I just arrived in Spain. I entered Italy and spent 1 night then flew to Spain. I will be in Spain exactly 90 days (as I thought that was allowable) and then return to Italy for 3 days. I thought I was permitted (as a US citizen) to be in an EU country for 90 days and then simply had to leave and could go to another EU country. I did not know about Schengen. However, after not going through customs when entering Spain, I realized something was wrong. So due to my Italian entry and future stay and departure, I will overstay about 4 days (I entered on Feb 28 and will leave June 1). What will happen, is there anything I can do to fix this? I was going to take a week long trip to Romania as I thought that would buy me the 4 days back, but do not want that expense if not necessary. Any advice?
Lindsey
March 10, 2018Hey TJ! What alerted you to knowing about Schengen? Did someone say something to you? There really isn’t anything to fix this other than leaving 4 days earlier. You could get stopped at the border and they might have a talk with you. Since you’re American, and you didn’t do this on purpose, you might get away with it. However, they are still able to fine you up to 1500 euro for this overstay (I have heard Americans that have experienced this.) Wishing you luck!
Phoe Liau
March 5, 2018Hi Lindsey , i’m overstay in London and now back to my own country (Malaysia) voluntry , i don’t have any stamp on my passport when i’m leaving .
Quick question , can i visit to Hungary ?
Do the border sharing the information about i have over stay in London ? Due to they are EU country .
many thanks !
Lindsey
March 10, 2018Hey Phoe – Good question! I don’t think it will matter because you didn’t overstay Schengen. But usually, if you are entering Schengen from a non-European country, they won’t flip through to your old stamps. I think you’ll be fine! Just don’t overstay in Schengen!
bridginthegap
March 1, 2018Hi Lindsay,
First, thank you for all your tips and advice here. Truly helpful 🙂
I just returned home (NYC) after mistakenly (I think) overstaying for ~1.5 months. Was very lucky in that I did not get any fine or detained or specific stamp beyond the normal exit stamp in my US passport.
My question: how long should I stay out of Schengen now? Is my overstay still “in the system”?
I intend to (legally) live/work in Denmark. If I am presented a job contract, etc. can I return to Denmark to apply for a residence permit (which then gives me a ‘bridging visa’ while it’s processed)? Or is it best to apply from home to avoid any further confusion regarding my overstay?
My passport is brand new as I got it reissued while abroad (it was full), so it only has the Spanish exit stamp on it now.
Appreciate the work you do, it helps a lot of people get through confusing / scary situations 🙂
Cheers,
A
Lindsey
March 1, 2018Hello! Thanks so much for the kind words! You should always apply for your residence visas from your home country! They can take a few weeks or months to process depending, and you cannot work or literally do anything until you have it. (I live in Sweden, and it’s a nightmare without having the tax number in place. Can’t open a bank account or get an apartment). Plus, the countries want you to enter on the correct visa. If presented with a contract, your job will obviously understand this because it’s part of the ‘usual process’ when getting talent from abroad. If your overstay went unnoticed, you don’t really have much to worry about as an American citizen. You should either stay out for 90 days, or enter on the residence visa whenever it is processed. Best of luck!
George
February 28, 2018Hello I over stayed 2 days and I got a decision to leave EU within 30days and lift EU after 27 days what dose this 27 days counted as??? Because I want to go back but I need to calculate my 90days/180days so is this 27 days counted in 90days or no
Lindsey
February 28, 2018Hey George, if they gave you a decision to leave, that means you are already illegal in that situation and your “deportation request” of 30 days grace period to leave cannot count towards your future, legal Schengen visa for 90/180 days.
Ann
February 24, 2018Hi there! I am so happy I found this article. I am not sure if this applies, but I’ll shoot my comment out there.
1. As a US citizen, can I enter Iceland while applying for an au pair permit on my 90 day stay, or do I have to stay out of Iceland while waiting for the permit to get approved?
2. If the answer is yes- If I enter Iceland on the 90 day, then get a residence permit, and stay for a year, am I able to travel through Schengen countries after the year in Iceland on a residence permit is done? Or would I have taken up the ninety days, since I would be using them when going to Iceland to wait for my permit to be approved? Basically, does staying in Iceland on a residence permit refresh the 90 day quota if I have already used it in the beginning of the year?
Lindsey
February 24, 2018Hey Ann! Happy to provide some info! As an American citizen, yes, you can be in Iceland while applying for the residence permit.To answer question 2: This depends on how often you have been traveling in other Schengen countries during your year’s stay. Your 90 days will start while you’re waiting for your permit in Iceland. Once you get the res permit, your visa is valid for 12 months in Iceland only. So you’ll still have to abide by Schengen 90/180 in other Schengen countries. Ie: You enter Iceland in March & wait 20 days for your visa to be approved. Then in April you go to Germany for 10 days, and June you go to Italy for 10 days…that will be 40 days off your 90-day Schengen visa within 180 days. However, Americans also have bilateral agreements with some countries, which is usually best used at the end of your trip. You can also use my Schengen Calculator to help:
2ndskinbikinis
February 22, 2018Hello Lindsey, Thank You for taking the time to reply to all the messages. Very helpful. I’m a Canadian, who has overstayed my time in Spain by 9 months( I was in neighboring islands and portugal for the last 6 months). I’m wondering whats the best option for me? I was told to speak to an immigration lawyer as I am also looking to get my residence… just not exactly sure what a lawyer could possible have the power to do? Can they pardon my overstay with a notary? Must I still pay the fine if I use them? I’m confused by the contradiction of information on the internet and the agency that provide NIE#.
Again, Thank You
Carol
AJ
February 19, 2018Hi Lindsey: My parents moved to Prague for work and my dad’s company was supposed to be handling the extended visa for my Mom. The company dropped the ball on my mom’s and now she has overstayed her visa by 48 days (through no fault of her own). Do you think that makes a difference?
Lindsey
February 19, 2018Hey! Sorry to hear. But also, 48 days overstaying is almost double a typical 90-day Schengen tourist visa. So in the future it is always important that she keeps up with statuses of third-parties (your dad’s company) when it comes to someone handling her legal status. It’s her passport, her visa, and her responsibility! Basically, she needs to leave Schengen as soon as she can. She cannot continue to stay knowing now she will not get an extension (because you cannot not extend an expired visa). I am sure it was not deliberate, but she will need to provide proof the company had said they would handle it. Get it in writing! What will most likely happen on her exit is either border guards will question her, or if they don’t say anything, if she ever reapplies for a future visa, it will get denied. That is why it is important for her to have proof that it was not intentional. Hope it works out!
tanya
February 17, 2018hi, i have a very confusing situation. back in 2009-2012 i worked as an aupair in denmark then after my permit has finished, i moved to norway as an aupair and got a permit until 2013. i had a boyfriend that time, now my husband. we got married before my aupair permit ended. we tried to apply a family reunification but that time he hasn’t had a regular job so the immigratoin told us that most likely it will be rejected.so we didnt push through the application. i decided to stay from 2013-2015 to help him with the finances. then back in 2015 , i went out through copenhagen airport. the officer scolded me why i overstayed for almost 2 yrs, i didnt saw him scan my passport and he got out from the boot because i presumed that his work time has finished and talked to me at the corner and asked me why, i told him i was from norway because my aupair permit in passport is that from norway, he told me that we should send you back to norway and face jail time, then after a few minutes he gave me my passport and told me that okay this is just a warning so go on your way now and i dont have more time, i must go now too. he didnt fingerprint me or let me sign any documents but he also didnt gave me an exit stamp. i took my flight and got a layover in istanbul and didnt had any problem there too. my passport way back then is philippine passport, now fast forward. i moved to turkey last 2015 to obtain citizenship, now i have turkish passport. i am here now since 2015 and got a nice paying job. but my husband and i want to apply for family reunification now in denmark using my new passport since he is also turkish living in denmark. i wonder will be denied. which visa is good to apply, tourist visa first or go ahead with family reunification. i have doubts because i dont know if the officer at the airport that time put my name in schengen information system. please help, iam so confused. i have been out from schengen for 3 years now and i want to be with my husband. he got a good paying job now so we know that we meet all the requirements. we are just not sure what will happen with my overstayed past.
Lindsey
February 18, 2018Hey Tanya! What a situation! You cannot go to Denmark on a tourist visa, and then hope it turns into a different type of visa while you are there (like family reunification). You cannot do this, so don’t risk overstaying again waiting for a visa that cannot happen. You need to apply for a family reunification while you are still in Turkey, and you cannot enter Denmark while you are waiting for that. The thing is when you apply for resident visas, on the forms they sometimes ask if you have other passports so they can do background checks on the SIS. I think you should apply for the reunification, and see what happens from there. If you are denied, you appeal it. If you are accepted, then everything will be ok! If you have more questions, you can always use my contact page to email me.
Mark Anthony
February 14, 2018Hey Lindsay, not sure if you remember but I’ve been living in Poland’s for 1.5 years now and stayed here 100% on the bilateral agreement. Well I’m happy to say we just passed through immigration, I was questioned about my length of stay in Schengen, and I had a printout of proof when I left, dates and days in between. Along with a copy of the bilateral agreement. Im happy to say they let me through with no fine and no ban. This is from Chopin airport in Warsaw Poland. The bilateral still works!
Lindsey
February 14, 2018Hi Mark, yes I remember you! I am actually writing a post on Bilateral Agreements right now from your inspiration. Thanks for checking back with us! Happy travels!
Nikki
February 9, 2018Hi Lindsey! Thank you for such a detailed article! I wanted to know what you thought about my situation. I am a US citizen who came to Spain on a Type D Au pair visa which was had a printed expiration date of 90 days after my arrival (which has now passed) with the condition that I go to the police station during those 90 days to extend it until June when my studies and commitments finish. I did not get there in time, for a number of reasons, but now I am wondering if that means I am here illegally. Is a ninety day tourist visa in the Schengen area automatically granted for US citizens after a Type D visa expires? Or better yet, do you think I still have a chance of extending my visa until the end of my studies even though I missed the allotted timeframe? I should also note that I returned for the US for Christmas before coming back here and entering 5 days before said expiration date in mid January. I don’t know if that has any effect. All I want to do is be able to stay until the end of June. Any advice would be much appreciated. Thank you!!!
Lindsey
February 15, 2018Hey Nikki! Type D visas are usually good for about 12 months. Type C visas are usually 90 days. I’m not sure why your type D would be good for 90? If that is the case, you cannot spend more time in Spain. You can carry on your Schengen travels outside of Spain, however, on a basic tourist visa, but your time in Spain would be finished because you did not properly extend it before it expired.
Tom
February 4, 2018Hello Lindsey,
My name is Tom from Korea.
On 14 Aug 17 I visited Czech Republic and I left on 5 Sep 17 to Turkey for 2 months.However, I didnt get stamp when I left Czech Republic. On 31 Oct 17, I visited France for 3 months and I left on 31 Jan 18. Obviously I over stayed in Schengan area more than 90 days but the border still gave me the stamp without any problems when I left the airport in Paris.
So I left Schengan area and entry UK from 31 Jan 18. I’m planning to come back France on 14 Feb.Here’s I have 2 questions,
1.Do u think I’ll have any problems when I come back to France again on 14 Feb?
2.The border should know I over stay in Schengan more than 90 days, does it mean I already had bad record in my passport?
Hopefully u can give me some advise. Thank you very much!
Lindsey
February 14, 2018According to my calculator, you overstayed by 25 days. You can’t go back into Schengen tomorrow. They might not let you in 😬 Since I replied to this a bit late, and you still follow through with going on the 14th, please update us if they let you in without question. Thanks!
Julius
February 2, 2018Hi
Lindsey!
My name is Julius and I am from Nigeria. Back in 2014/15 I got visa for a short trip to Italy ( although that was my second time or my second visa to Italy). The first Visa obviously has no issues but the second one I missed my flight to Italy and because of my appointment in Spain I have to travel straight to Spain. I never knew new that I have to first travel to Italy before I could travel to Spain or any schengen countries. And at the boarder they never told me anything about the rules or system. Clearly, I was ignorant about the system. Anyway, without taking much ado Lindsey! I overstayed by 2 days because I was sicked and I can not moved or fly then I have to extend my stay. Yet the Immigration didn’t say anything when I was leaving or exit. Since 2015 I never applied for schengen visa although I have been travelling to China and so on but not to any Schengen suburbs. In 2015 when I came back to Nigeria from Spain, I wrote to the Italian Embassy and I explained what happened and why I overstayed but no reply from them till date and I decided not to push since it seems to me not to be a case. Now I have applied again but through Greece but I am a little bit concerned or skeptical if there will be any Issue. But from the Greece Embassy they told me (during my interview) that ”in case of another time I must first of all go the country that issued me the visa before i could move to other schengen countries and I should try not to overstay again”. Hmmm I am still feeling somehow but the Greece guy was nice. Please advise me! I still have some days left for collection and I want to believe that I will get it Lol.
I need your advise please
Lindsey
February 3, 2018Hi Julius! You seem to have quite the travel bug! What kind of visa did you have? Single entry or multi? There is no general requirement to enter through the country that issued the visa, but some countries are more strict than others. 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. Also, if you were sick and couldn’t fly, you should have received a doctor’s note that would help explain this in case you got in trouble. Overall, I think you will get the Schengen visa, but be careful during your travels to not overstay, or this could lead to bigger problems if it happens a 2nd time. Happy travels!
nisewatts
February 2, 2018Hi. So I have a problem where I am currently living in Spain on a 6 month visa as a US citizen. I had originally thought I could leave to the U.K. And come back with a 3 month tourist visa, but then found out that after a long stay visa I wouldn’t be able to use the tourist visa in Spain. Is there anyway I can stay the extra three months in Spain? For instance if I leave to the U.K. Once the visa expires and then fly into France before flying to Spain? This way I wouldn’t have to go through passport security, and then do the same thing on the way back to the US? My host mom just wants me to stay the extra three mo the on the expired visa, but it will be obvious upon leaving that I have overstayed. Any advice?
Lindsey
February 3, 2018Howdy! I’m assuming you were on a 6-month student visa? Your host family should not be telling you to break your visa laws. Listening to them could end up hurting you with a fine or a ban from coming back to Europe. It’s not worth it. If you leave to the UK, you need to still stay out of Spain for about 90 days. 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. I don’t think it’s allowed, but of course you could enter through another Schengen country and go to Spain without being stamped, but…that’s not legal if the Embassy says you cannot enter Spain.
Martin
January 31, 2018Hello Lindsey,
my partner from canada and myself from germany are staying in germany for holidays right now. since we did not know about the 90/180 rule my girlfriend has 11 days left. Now we are debating possibilites which make it possible to stay till 9th of april as planned. we went to the city today to get a residence permit form. there are many options to choose like study applicant or marriage but also i point to choose is other purpose. we never come to germany and want to spend time with my family. the invited us pay for everything and we just want to be together before we have to leave again. how do you think the chances are for choosing the other purpose and explain the situation.
thank you for your time.
Lindsey
January 31, 2018Hey Martin! Yes, she has options from outside of Germany. If she overstays, she cannot turn her tourist visa into a student visa or a student application. She must exit Germany and re-apply from Canada or a country outside of Schengen. Usually, extension visas for tourists are only for medical reasons which would allow the person not to travel, and requires a doctor letter. So she cannot just change her tourist visa into a student visa within the next 11 days, unfortunately.
David
January 31, 2018Hello Lindsey, I’m in the Air Force stationed in Germany. I had my girlfriend (US citizen) visit and overstayed by 2 days. She was brought to the back room and told that paperwork would be sent to her regarding the situation. It’s been almost 6 months later and she hasn’t received anything. I called the office in Germany and they said they would most likely close the investigation and that to not worry about it. Shouldn’t be a big deal cause it was 2 days and she was leaving. I asked if she was ok to get back in and he said it shouldn’t be a problem, just wait the time period to get back in. I’m not confident in that answer. What do you think, is it a risk to fly her back to visit?
Lindsey
January 31, 2018Hey David! Thanks for your service to the red, white & blue! 😊 Germany is really getting strict these days. I recently wrote an article about the reinforced border controls, and Germany is on it. She will need to be out of all Schengen countries for 90 days from her exit until her next visit. As long as she follows those rules, I think she’ll be fine on her re-entry. The control probably didn’t even register it, just scared her. Make sure she doesn’t overstay again! You can use my Schengen Calculator if you need to calculate the stays:
Raaf
January 30, 2018First of all, I would like to thank you for your amazing work Lindsey.
In 2016, I was traveling like mad to Geneva for work purposes. In July 2016, the passport control told me: Sorry sir, I can’t allow you to go inside, you overstayed by two days (92 days during 180 days), simply, they put me back at the next flight. When I calculate my days, it was more than two days. It’s 12 days more!!
Never mind, in August 2017 (14 months after I expelled) I applied for another visa, I got my visa, I went to Geneva, and I stayed for two weeks. My question here, it’s written in my visa (multiple entries), I would like to travel again, but, I feel a bit scared to have the same scenario like July 2016. Please, make feel better and told me I have nothing to be afraid of 🙂
Lindsey
January 30, 2018Hey there, Raaf! Thanks for the kind words. You should be fine. They do have your 2016 adventure on record, but they also gave you another visa, so you’re in the clear. You just need to plan your business trips a bit better to not be so close to the 90 days or think about getting a national D visa that will allow you to be in Switzerland more than 90/180 days for employment purposes. Here’s a link: https://www.eda.admin.ch/countries/georgia/en/home/visa-&-entry-to-switzerland/visa-–-entry-to-switzerland-and-residency/visas/work-visa.html
George
January 29, 2018The 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?????
Lindsey
January 29, 2018As I mentioned, your D visa will be for whatever validity they give you longer than 90 days…for Poland only. Within that time, your 90/180 day rules still apply if you travel outside Poland during your year-long stay. You cannot stay longer than 90 days in other Schengen countries since the D visa has no jurisdiction in other countries. As the government website says, with the D visa, you can additionally move within the territory of other Schengen states for up to three months within a half-year period. You can read it here: http://www.msz.gov.pl/en/travel_to_poland/visa/visa. If you have other questions regarding this, please use my contact form.
George
January 29, 2018Dear lindsey
My name is george I am an Egyptian national I over stayed 2 days when I was in Poland on a c visa i went voluntarily to the border guards and they write a report they took my finger prints and they gave me 30 days to leave poland and they gave me 6 month ban of coming to Poland anyway I exit Poland also voluntarily within the 30 days they gave me and my wife applied for a cancelation of the ban decision and they replied back and they canceled my ban now i will apply for a national D visa should I be worried and should I tell them about what happen with my c visa or no
Lindsey
January 29, 2018Hey George. I think your honesty shows a lot about you in this situation. Good karma points! ☺️ The immigration board for visas will see your previous visa history when you apply for a new visa, so if asked, don’t lie about it. Your previous ban should be irrelevant if lifted. If they find your type D visa reasoning applicable, you should be fine in applying for this. Best of luck!
George
January 29, 2018Thanks Lindsey, for your fast reply, ok may I have another question since I was on c visa it’s 90/180 days and thats why I was overstay anyway when I would apply for a national D visa 180/365 do they count the 365 days and the 180 days just for the D type or both c and d i hope you understand what I mean but since I was in Poland overstay anyway if they count my visa c time inside the new day visa it would be act actual useless or they totally different type of days they wont count both as one
Lindsey
January 29, 2018As a Schengen D visa holder, you will be entitled to stay in the territory of Poland throughout the entire period of the Visa validity and move within the territory of other states of Schengen zone, but not for more than three months within a 180-day period. For example, you cannot get a Polish D visa, then go live in Italy for 100 days. Hope this answers your question. 😊
Soumya
January 29, 2018Thank u Lindsey!!!!! Can I extend my stay if I get nulla osta in Italy . As it’s takes few months to get nulla osta. Also I heard that few from Egypt have extended they through kuestura.
Lindsey
January 29, 2018It depends on what the reason is for. If you know you are going to be staying longer than what your visa has given you, most people apply for the family reunification visa while still in India. Your case is not an emergency situation – as you’re just going to hang out. I suggest contacting the Italian Embassy in India for clarification on if you can apply and stay legally in Italy while you wait.
Soumya
January 29, 2018Hi Lindsey, is there any chance to extend Italian tourist visa for more than 90 days once after reaching Italy in local police station for Indian passport holder I want to stay there for few more days with my spouse who is currently pursuing training.
Lindsey
January 29, 2018Hey Soumya! If you’re on a basic Schengen C tourist visa, extensions are only in cases of an emergency outside your control such as an unanticipated medical condition that makes it impossible for you to travel. Otherwise, you need to apply for a family reunion (type D) visa before you leave India, and enter on that. Here is information about it: http://www.vfs-italy.co.in/delhi/familyreunionvisa.html
Chloe
January 24, 2018Hi Lindsey.I came to Germany on a tourist visa.as i was here my boyfriend proposed so I did not go back to home country,i had to quite my job to start a new lige here with him. we planning to get married immediatly.however it did not happened that way It’s been 4months now and we haven’t married yet because of money and amount of paper work required to get married in germany.its stressing cause im illegal and causing lots of problems between us, so i thought of being an uapir to help pay for translation and all paperwork needed with the little money.
I have found the aupair family and they are willing to help me get aupair visa,is it possable? And Will I still be able to marry in germany without any challenge? If we get married or work as an aupair do I still pay the fine for overstating my tourist visa? Please help me. Thanks in advance
Lindsey
January 27, 2018Hi Chloe, you hadn’t said your citizenship, but this might be a problem because of your illegal status. Depending on where you’re from, you need to apply for the visa before you enter Germany. You can find more information on this from my friends at Au Pair World: https://www.aupairworld.com/en/au_pair_program/germany/au_pair/visa/non_eu
A.S
January 23, 2018Hi, I am Pakistani and currently on a multiple-entry Visa Type D in Italy, for a semester studying abroad in Florence. My visa says ‘duration of stay: 110 days’ which, starting from the date of my entry, expires on 28th April 2018. However, it also says that my visa is valid until 13th May. My ‘Permit of Stay’ for Italy is also valid until 13th May. I don’t know what to do. Do I need to be out of the country after 110 days are over (i.e. 28th April) or can I stay and travel in the Schengen area until 13th May?
Lindsey
January 24, 2018Hello! Hope you are enjoying Italy. Yes, you need to leave on day 110. The validity of the visa just means if you had decided to come at a later date, that between the day the visa was issued, and the day it expires, you ONLY can stay 110 days in that period of time. So make sure your flight is out of Schengen on or before April 28th if that is your 110 day mark.
Latuad
January 21, 2018Hello Lindsey, I would like to know if I can be able to get a schengen visa again. I got a schengen visa last year on the 8th of June, 2017 and it was supposed to expire by 7th of August, 2017 but I was given 30days to be in Schengen zone. I got in throuugh Paris on the 29th of June, 2017 but couldn’t leave for my country until August 13th, 2017 through Berlin, Germany. I was stopped by the immigrations and was taking to the back room. I had to pay a fine of 500 euro for overstayed and they recorded my details on the computer and I was asked to thumb print which is biometric process. Please I would like to know if paying a fine means I can get a schengen visa when ever I want to go to Schengen again or does that mean I have been banned from entering Schengen countries?
Lindsey
January 21, 2018Thanks for stopping by and sharing with everyone a real scenario of the consequences of overstaying. There will definitely be issues in your travel future due to this, however, you did pay the fine and I am assuming you did not receive a further ban? You should be able to get another tourist visa, but you need to be careful on your next trip and never overstay again. This could result in banning you.
David
January 20, 2018Dear Lindsey,
I’m Dutch and my girlfriend is Russian. 12 months ago we flew from Russia to the Netherlands (she entered on a 90 days Schengen visa). After one month traveling in Europe we discovered she was pregnant and we decided to stay in France and have the baby there (there where some medical issues and we were afraid to fly back). Now she has to return to Moscow but we are afraid of what might happen. I don’t mind paying the 1200 euro fine but it would be very difficult for us being together in the future if she won’t be able to enter Schengen again.
What would be the best country to leave Europe to avoid a posible ban to enter in the future?
Lindsey
January 20, 2018Hi David, congrats on the good news of the baby 😊! I suggest leaving from Italy or Spain. This does not guarantee they will not stop her because if she had medical issues, she should have applied for a visa-extension with her doctor’s note before her 90 days were up. That is why the visa extension exists! Please be aware that even if she is not stopped, when she applies for a new tourist visa in the future, they could deny her based on the fact that her stamps will prove she overstayed. My suggestion: You need her to be on the relationship visa that if offered for Dutch citizens in a relationship. She cannot keep entering on a tourist visa if there are chances she might overstay. You can find more information here: https://ind.nl/en/family/Pages/Spouse-or-partner.aspx
Ghada
January 19, 2018Hi, can you help me please, I need an answer as I can’t make any plans, my daughter got her schengen single entry for 10 days she will travel to paris on the 25th of January and then to Barcelona and back to paris to meet us there on 31st of January till the 3Rd of February, she will not use train I booked her flights, but they assured that they will not let her enter paris again as she got single entry but as I understand in case she didn’t go out the schengen area she is fine . So please help me thanks
Lindsey
January 20, 2018Hi Ghada, I am not sure who you mean by “they.” But a single-entry Schengen visa means you are allowed to cross an external border between a non-Schengen country and a Schengen country once. (So she cannot, for example, have a layover in a non-Schengen country when flying from Spain and then re-enter France). If she is just traveling between Spain and France with no layovers outside of Schengen, she won’t have an issue.
Bobby Blueshauer
January 16, 2018I’m American. I overstayed by 2 months. Luckily I entered through Barcelona and exited through Barcelona. No problems what so ever. Days prior I was in Switzerland and France. Those 2 countries are cracking down hard. In Switzerland they were checking everyone luckily I got the guy not to good at his job. Just outside of Monaco, 2 vans of police shook down the Flixbus I was on and didn’t catch it. And then again in Marseille they did it again. I suggest leaving from Spain. No computer system with the passport. Also, if your stuck in either France, Switzerland and or Germany I’d take the bus/tram into those countries via Basel. No check for whatever reason. Hope this helps.
Lindsey
January 17, 2018Hey Bobby! You were really lucky! Thanks for letting my readers know your story and happy travels! ✌🏼🌎
Lor
January 7, 2018Hi Lindsey! So I’m currently in a complicated situation and I’m hoping you be able to give me some advice. I’m from the US and currently living in Bulgaria (which is EU but not Schengen yet). I’ve applied for a job and they are just starting to look into getting me a work permit. I arrived Dec 2nd and from my understanding I will need to get my permit processed and approved before applying for a visa – all of which should be approved before my 91st day here. I have heard from Ministry of Foreign Affairs that I may be able to go to neighboring country to apply for Visa as an exception since I didn’t apply for Visa from the US. However, I’m getting very worried about overstaying and honesty cannot afford to leave BG for extended amount of time. Do you overall have any advice on what else I can do? Are the rules on overstaying in Bulgaria just the 1200 Euro Max fine or are there more consequences? I need to stay in Bulgaria until Dec 2018 for personal reasons as well. Thanks for any help in advance!
Lindsey
January 9, 2018Hey Lor! Thanks for writing in. There are always consequences for overstaying in a country. If there wasn’t, they wouldn’t have visa rules. You could really mess up your future travel/visas if caught overstaying because it goes into the system (even if you pay a fine only). I would check with the US Embassy in Bulgaria to see if you can get a tourist visa extension while you wait for the processing. Usually, countries let you stay if you have on file your visa is processing (but you cannot leave the country while it is processing).
Reza
January 6, 2018Hi Lindsey, i was just told by the imigration officer that i’m overstay for 16 days (schengen visit visa). I was explaining also to him that i do not know as i thought once u r out of schengen country u still have 90 days again to stay (my visa exp date is in 2019). But, they let me go and did not pay any fine. I’m afraid, by this year in 2018 i need to apply a spause visa to Germany. Is it going to be a problem in the future ? Also, is that any possibilty to solve it? Thanks
Lindsey
January 9, 2018Hey Reza, your visa should say how many days you are allowed in Schengen. 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. Your visa should say all the rules. The only problem to solve it is to abide by the rules of your visa to avoid overstaying for next entry. You shouldn’t have an issue inviting your wife to get a visitor’s visa. Best of luck! 🌎
Fajar
January 29, 2018Hi Lindsey,
I’m Indonesian, i had overstayed for 16 days in Düsseldorf Airport as i missed understood about 90 days (visit visa) duration stay within 2 years. I travelled 1 Jul -30 Aug 17 and 21 Oct 17 – 5 Jan 18. My understanding is, if you are out of the country you will start 0 day again. But, i was wrong and i got stopped by Immigration officer. I was lucky because he didn’t asked me to pay the overstay fines and he explained to me that my understanding is wrong. However, he swipped my passport and said he will put a note.
My position now is in Indonesia.
questions:
-Is there any problem if i would like to apply a family visa / reunion visa ? As my wife is in Germany right now (processing a Verpflichtungairklairung)
-Do i need to make a letter when i apply and explain what was happened?
-Do my wife need to do anything?
Thank you.
Lindsey
January 29, 2018Hello there! I think you will be fine since this is a different type of visa. If you are denied on a basis of your overstay, then you can just appeal and explain your situation, and hope they will agree. You were not banned, so your application should eventually go through. Best of luck!
shakespeare for dogs
December 15, 2017Hi Lindsey,
Thanks so much for writing this. Question – I’m a US citizen, traveled in Europe this year and overstayed completely without realizing I’d done so. Obviously, I know ignorance isn’t an excuse, but it was a genuine mistake due to me being an idiot and misinterpreting the 90/180 rule. I wasn’t stopped/questioned/fined any time I entered or left Schengen at all. I initially overstayed by 10 days, then came back twice more within the 180 day period, putting me over the limit by about 25 days total. I’ve been back to Europe since those 180 days are up with no problems whatsoever. I didn’t even realize until today that I’d done anything wrong until I started looking into EU visas for other reasons.
My question is – if you’ve overstayed, how long do you have to stay out of Schengen before you can be allowed to reenter? Assuming you haven’t been banned, which, to my knowledge, I haven’t. I’m planning a trip to the Netherlands via Iceland for New Years, and I’ve been out for well over 90 days by now, but I don’t know if I have to wait longer. I’ve called embassies/consulates for Iceland, the Netherlands, and France (since France is where I entered and left from when I overstayed) and was told either they didn’t know, or that after 90 days out I should be good but it was up to the border officer’s discretion. I’m terrified of having a problem and getting denied entry over this. What can I do??
Thanks!
Lindsey
December 15, 2017Hello! Thanks for writing in. It blows my mind how embassies don’t know these questions.If you haven’t been caught or fined, then my suggestion is just to make sure you have been out of Schengen 90 days since you last exited. You should be fine! You can use my calculator if you want to make sure:
Winston
December 14, 2017I overstayed in France on a schengan visa from sept 16 to jan 17. So basically I overstayed by a month and a few days. However I was never chastised my immigration and never paid a fee. They didn’t say anything to me. I also noticed there is not even an exit stamp on my passport. Now I want to go to Italy in Jan 18. Will I have difficulty entering the country?
shakespeare for dogs
January 24, 2018Hey Winston, this thread is still appearing in my email somehow, and I happened to look at it today and noticed your situation is really similar to mine was, so I thought I’d chime in. (Note: I’m American, not sure if you are/if your country has different rules. If you’re not American, ignore this, it probably won’t help.)
TL;DR: If no action was taken due to the initial overstay (you weren’t banned, basically), as long as you’ve been out for 90 days, it should be no problem. It’s best to book your return ticket ahead of time and bring proof to the airport with you, just in case. It’s probably also better to come back for a shorter period of time. An overstay and then coming back for 89 days might be frowned upon. And obviously, don’t do it again! You may not get so lucky the next time.
My story:
I overstayed in Spring 2017, entered and left through France, no one said a thing to me about it and there was no exit stamp in my passport. I didn’t even know I’d overstayed.
I entered and left Schengen again in August (entered in Italy, left from France). No problems or questions whatsoever. It wasn’t until like a month ago I even realized I’d overstayed the first time.
I went to the Netherlands in December, but entered Schengen through Iceland because of a layover. I’m super paranoid about this stuff because I’ve been refused entry to the UK before, so I actually both called immigration at the airport in Reykjavik and emailed like official immigration in Iceland. Both times they told me that because no action had been taken when I overstayed, as long as I’d been out for 90+ days, going back in should be no problem. They said that if the border officer said anything, it’d work in my favor that I was only going for a short time (2 weeks), and to definitely have proof of a return ticket already booked.
Went through no problem in Iceland. Immigration lady didn’t ask for my return ticket or say a thing. Passport scanned, stamped, boom. Not even a question about my plans or anything. Left from Denmark, no questions or problems there either.
If you’re feeling paranoid about it, you can totally call the immigration officers at the airport you fly into. They’re usually friendly and happy to help, and you certainly don’t have to give them your full name. You can make international calls to phone numbers over Skype btw! Just put money on your Skype account.
Hope that helps!
Adam
December 10, 2017Hi Lindsey,
I have a question I’m hoping you can help shed some light on.
I am a Canadian. I came to Spain in September of 2016 (entered Schengen via Portugal), to live with my fiancee (she’s Spanish). I had a job offer, conditional on me securing my own visa. I tried to do the process on my own, but every time I spoke with anyone in the residence office, I was told that I required different documents than what I had… the “requirements” changed every time I visited the office, and I spent months acquiring useless documentation. Eventually I hired a lawyer, who gave me the run-around for a few months as well, saying everything was “in process…” It never went anywhere. The job offer got rescinded because the visa was taking too long. To say it has been a frustrating ordeal would be an understatement.
My fiancee and I were married earlier this year. We found a different lawyer to help me with the residence application process, this time applying for residence as family member of an EU citizen. Because Spanish bureaucracy can take some time, I only just had my appointment at the beginning of December. They say I should have a decision in mid-January, and my new lawyer says that based on the cases he deals with, I will be approved.
MY wife and I are supposed to go visit my family for Christmas in Canada in a few weeks, then return in early January. I have a layover in Germany, before a direct flight to Canada. I’m concerned about the fact that I have effectively overstayed my ‘tourist visa’, even if it was because of neverending bureaucracy; especially becuase Germany has a reputation for being strict about non-EU travellers. My lawyer says it does not matter, but I’m concerned this will impact my residence, or result in some kind of ban.
Any thoughts or suggestions?
Thank you!
Lindsey
December 10, 2017Hey Adam! Your first ordeal was strange because technically the job should be setting you up with the work permit, and they know how long those processes take. Anyway, for your current situation, it depends if you are allowed to leave the country while your visa is processing. In Sweden, for example, you’re not allowed to leave the country while you are awaiting the new type of visa. (Many people are waiting 1 year sometime without leaving!). If someone were to leave, they wouldn’t let them back in, or the visa process would be canceled. I would call the Spanish immigration board and ask this before you leave. My biggest concern isn’t a ban, but that Germany would not let you back into the country because of the overstay and the lack of a decision on your processing visa, and most likely no exit ticket, etc. If you decide anyway to go to Canada for the holidays, carry all your paperwork in hand showing your December appointment and the pending waiting time of the decision. Best of luck!
George Hanna
December 9, 2017Dear lindsey
I have Been traveling to Poland many times always on schengen c visa and yesterday I went to apply for a temporary residence in Poland due to I own a company here but I was totally shocked when the inspector checked my visas and found our it been already 92 days so I over stayed not this visa but since I was here before and he went backwards 180days so technically I have been inside schengen zone for 92 days he asked me to call the border security I agree and they came and they were shocked how petty it is because I have all the right documents and I had a company running since 2014 anyhow they investigate me and they gave me 30 days to leave Poland and no fines no nothing my question is if I hire a lawyer do I have any chance in this fight or no
Lindsey
December 9, 2017Hey George. Thanks for writing in. If you have a company in Poland, then why are you always on a tourist visa? You are obviously not there for touristic purposes. You need a business visa or work permit: http://www.migrant.info.pl/Work_permit.html
George Hanna
December 9, 2017Because I was trying to finish my business in the country I was living before now my question about the 2 days that I overstay from there point of view and now I have 30 days to leave Poland and I didn’t pay any fines or anything but if I hire a lawyer can he do anything so I wouldn’t leave or its impossible
Lindsey
December 9, 2017The fact is the unfortunately the rules were 100% broken by working in Poland without the proper paperwork. Of course you can try to hire an immigration lawyer, but I am not sure how that will effect the outcome. In the end, you need to get a business/resident visa and that might need to mean you leave Poland anyway and return on it. I suggest consulting a lawyer.
Matthew Eck
December 6, 2017Hello I am wondering if I overstay in the Spain, and return home, and apply for a student visa the following year could there be an denial of my visa because of the previous overstay? Whats more than likely going to happen?
Lindsey
December 6, 2017Hey Matthew – if you can avoid overstaying, you should. Nothing in the world is worth it because it could ruin future visa chances if you are caught. You did not state your citizenship, but if you’re from a visa-free country (US, Aus, Canada, etc.) and you’re lucky & do not get stopped, you shouldn’t have an issue applying in the future. But if you apply, you will need to enter on that student visa (aka you will need to wait outside the country for it to be approved before entering)
Rama Krishna raju Dasari
November 30, 2017Hi
I came to Spain as a tourist visa 90 days but I had overstayed after staying 45days I got residence permit. In this case
Do I will face any problem when I am going back ?
Thank you!
Lindsey
December 5, 2017How long is the residence permit for? You should be able to enter on the permit as long as it is not expired.
Molly
November 19, 2017I realize that this is probably a repeat question but am stressing so have to ask! Overstaying in Schengen area. Here is my situation:
Travelling with a Canadian passport. When I leave I will be two weeks over the ninety days. I fly out of Italy which I have read are more relaxed but change flights in Amsterdam. Where do I see immigration, in Italy or Amsterdam? or both?
It was a mistake to overstay and now don’t know what to expect!?!
Any info appreciated
thanks
Lindsey
November 19, 2017You see immigration in Amsterdam since it is your last Schengen country you set foot in 😬 You can expect 3 scenarios. Either they catch you and fine you. Or they catch you, question you, and let you go. Or the last one is they do not even notice and you’re good!
Mark Anthony
November 17, 2017It does help but I think where you are wrong (respectfully). Is the difference between violating the Schengen agreement and violating the Bilateral. At least according to what the US Consulate in Warsaw is saying. According to them, Bilateral takes 1st place, so as long as you abide by those guidelines in theory…You should be ok leaving, pending you don’t layover in another Schengen country. However it could be up to the border agent as to if hes having a bad day or not. So there is a certain level of chance to it. Some Americans think its better to leave from countries outside the Schengen zone, or even Spain (due to them usually not even checking), but if you do get caught, you can get in a lot of trouble. They cannot detain you or stop you from leaving. But they can make you miss your flight and make the process a headache to leave. But the bilateral only applies to leaving Poland. So jumping over to Germany, or any nearby country with proof is valid for the bilateral. It doesnt have to be a non-Schengen country. But that ONLY applies to Poland/USA. Its very complicated and who knows, in a couple months when we have our fiance visa, we may just walk past border patrol without even a 2nd glance. But it is good to be prepared and get all the info you can. I just wish there was a bit more solid info on this. Because i hear stories of 1 situation and the consulate says another and claims no responsibility if it goes wrong.
Lindsey
November 17, 2017I’m not necessarily wrong by the information the embassies supply, as I quoted the Polish instructions “…if it’s a consecutive trip to Poland you must cross the Polish border directly from a non-Schengen State e.g. direct flights from Chicago, New York, London, Moscow, Kiev, etc.” I said you need to enter by Poland direct and need to leave by Poland direct when you finally leave for good. The minute you walk through any Schengen control outside Poland, your Schengen clock starts ticking and if you keep going to Schengen countries for a visa run…guess what? That Schengen country can bust you for overstaying Schengen (since you would be outside Poland) and not even let you inside THEIR country. It is 100% up to the attitude of the guard on duty, but it can be a scenario. So best stick to non-Schengen. It is really confusing and irritating there are no specifics provided by officials. Anyway, I wish you the best of luck. ☺️ I am sure you’ll be fine!
Mark Anthony
November 17, 2017I agree, i will keep this post updated as we get info. The next step is we are going to contact the polish government to see if there is any option they have to ensure I won’t have any issues leaving and returning later. People just should be aware the info here is great and there are just different rules if you are in Poland, or essentially any other countries. The problem is there is nothing official. But for anybody who is in a similar situation here in Poland. If you do enter any non Schaegan country where they check your passport. Odds are they will deport you. I wish I would’ve found this site when I first got here and didn’t listen to the ya embassy because it seems they want to give advice but not follow it up by ensuring nothing will happen.
Lindsey
November 17, 2017It’s a mess out there with information! Definitely check back here. It is really interesting for people to hear stories as they are happening. I am thinking about writing a post about the bilateral travel agreements between certain countries. It would be great to get a clearer picture of the Poland situation! Keep in touch and best of luck Mark!
Mark Anthony
November 17, 2017That would be a good idea, if you need a 2nd opinion on it let me know. I’ve researched a lot of this.
Mark Anthony
November 16, 2017Hey Lindsey,
So I’ve been looking for information on this and its really across the map because everybody has an opinion without knowing what will happen or the best way to handle the situation. I’m in Poland and I’ve been here for about 14 months, I’m a US citizen andI’m living with my fiance (we are in the process of getting her a fiance visa so we can go back stateside). I was told by numerous consulate agents in Warsaw that I wouldn’t need a visa and that I could stay here essentially as long as I wanted as long as I left the country every 90 days. (Poland has a bilateral agreement with the USA for this in 91). But now I’m reading stories of being stopped at the airport and having border patrol essentially say they violated their visa and are banned for some time. Im getting 1 story from the stories and another story from the US embassy. The issue is im long overstayed if its based on the airport stories. Not really sure how to handle this, i figure you may have run into a similar situation
Lindsey
November 17, 2017Hey Mark – Have you been in Poland 14 months straight? If yes, you violated your bilateral. You’re 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). The common rule 90/180-day period (what we talk about in this blog) does not apply in this case. Please note that the common rule is applicable for other Schengen States, and if it’s a consecutive trip to Poland you must cross the Polish border directly from a non-Schengen State e.g. direct flights from Chicago, New York, London, Moscow, Kiev, etc. It cannot be from a Schengen country!! Longer stays without leaving require Polish National Visa, provide by the Polish Consulates in the USA, or a temporary residence permit. If you followed the bilateral correctly, and did visa runs to non-schengen countries with stamps in your passport, then you can appeal their ban or fine due to you being in Poland on a bilateral basis, not Schengen (but you need to make sure you did not first have layovers in a Schengen country…)
Mark Anthony
November 17, 2017So I guess this is where it gets confusing. Because I talked to the U.S. Consulate in Warsaw and they said the way I’ve been doing it is ok, (just leaving Poland to another country, not necessarily leaving the Schengen area) and that they never had anybody contact them with the situation of them being banned/fined. The bilateral agreement negates the 90/180 rule and if I were to leave from a different Schengen country I would be in clear violation of the agreement. But if I leave Poland directly to the USA then it falls under the terms of bilateral. But since the bilateral agreement predates the time Poland joined the EU (2004), that in effect the bilateral agreement has authority over the new Schengen agreement. So it really is a 50/50 toss up as to whats gonna happen. Btw I also wanted to post this so if others have this situation, It could maybe help them also.
Lindsey
November 17, 2017This is great information for those looking! Thanks for sharing! My previous answer is information from the Polish Embassy in Washington D.C. So I think we are describing the same thing. You need to only be in Poland & do your visa runs to non-Schengen countries to be completely compatible with the bilateral. If you have spent any time in Schengen countries in the last 14 months, you could get slapped with an overstay for that via Schengen. So my suggestion is to get a direct flight from Poland > U.S./non-Schengen country, and if Polish border police stop you, just say you are under the bilateral and make sure you have proof of exit/entrance to a non-schengen country every 90 days. I would also show government information (like the Embassys) that explain bilaterals and prove you’re not in violation. Hope this helps a bit?
Dominique Marie Langlois
November 15, 2017Hi!
I’m a Canadian planning on au pairing in Spain. I’m 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. Do you know if I could get a visa in Spain? Also do you know how strict the Spanish customs are about an overstay of about 2 weeks?
Lindsey
November 15, 2017Hey Dominique! If you are staying less than 90 days in Spain, as a Canadian, you don’t need to secure the visa other than the visa-waiver you have. If you are staying more, you need an au pair visa or a youth mobility visa. You don’t want to overstay any tourist visa because you were impatient in going about it the legal way 😬 So if you were unable to get a visa, you will absolutely need to leave Spain (and Schengen) before your 90 days are up to avoid getting a fine and having it be on your travel record.
alperen celik
November 13, 2017hello Lindsey, I am Alpi from Turkey. I am neither EU nor US/Canada citizen and I normally need a Schengen visa to travel for tourism purposes. Now I am living in San sebastian as as student I currently hold visa D type and have NIE (foreigners ID ). My visa expires at 11 of December. My question is can I stay little more for travel around after 11 December or should I leave the Spain before that time? From a lot of post I understand I got automatically 3 months more stay as tourist visa but think I could not understand is even that is true Do I need to apply for tourist visa because I am not EU citizen or this issue is defined for every human begins:D not depend on their origin country who has student visa before
thank you so much
Lindsey
November 13, 2017Hi Alpi – What you might have read in my comments was for Americans, Canadians or Australians. As a Turkish citizen, you cannot automatically get 3 months of visa waiver travel. You need a Schengen tourist (C) visa to travel after your D type visa expires. You will need to apply for this BEFORE your D type visa expires. Please visit the closest Turkish embassy or consulate to discuss acquiring this while in San Sebastian. You might need to go back to Turkey to apply for a C type visa. Hope this helps!
Greg Young
November 11, 2017Hi Lindsey,
Great info….. My Son (NZ passport holder) has a problem. He got accepted to a basketball academy in Spain and had to leave in a hurry to get there for the start in January this year (and as it was holidays and all the NZ/Spanish embassies were closed) – so I sent him there as I knew NZ had a bilateral agreement with many of the countries in the EU that meant he could do 90/180 in each of them. He is now going to leave the EU and go to the UK and apply for a one year work visa in the EU.
My question is regarding leaving the EU. When they swipe his passport, his entry date will no doubt come up and show he has been in Europe 11 months and overstayed quite a lot…… He will be saying that he has been travelling and in many EU countries as per what is agreed with the NZ bilateral agreement (info here -https://www.brenontheroad.com/new-zealand-bilateral-visa-waivers-schengen/) of course they may question him, but my understanding is that he should be OK if he exits from say France? or is there a better, more lax country to exit from? and the fact he is going to the UK rather than back to NZ – do you think that could be an issue?
Also once and if he receives a one year working visa for Spain as is the plan – will that override the fact he only recently left the EU? i.e. will he be able to go back with this visa before the 6 month period? Thanks heaps.
Lindsey
November 11, 2017Hey Greg! What a cool opportunity for your son! But didn’t the academy give your son a residence permit for January, even if it was some holidays? It is now October…
The best countries to leave from are usually Italy or Spain. France can be quite tough, but due to his bilateral he should be ok. They might ask for proof, however (hotels, receipts, or just an itinerary.) So he should be prepared to answer this. It is fine if he goes to the UK as he can stay up to 6-months as a non-working tourist. Once he receives the Spanish visa, he can enter on that and be just fine. ☺️🎉
Mackenzie
November 10, 2017I’m a US citizen living in Germany as an Au Pair. I entered the country on July 21, 2017 with the fact that I had 90 days to get my work permit/visa in order. I finished the paperwork on October 5th (74 days into my stay). My visa is obviously in the system (I’ve entered several other EU countries and reentered Germany well after my 90 day mark). My host family and I are not working out, so I wish to go back to the US. After my contract with the family is terminated, must I immediately return to the US? Or can I use the two weeks (or even just a few days) remaining out of the 90 to travel a bit before flying back? Thanks in advance!
Lindsey
November 11, 2017Hey Mackenzie! Thanks for writing in to me ☺️ Legally, yes you can. The time spent on a national visa (Au Pair) does not count towards the 90 days Schengen quota you have as an American tourist. However, you may need to leave Schengen and “re-enter” on your visa-waiver to make it clear as what visa you are on. Countries like Republic of Ireland, Croatia, UK, Montenegro, etc. will do the trick for a quick visit. Happy travels!
Gloria
November 10, 2017Canadian in Switzerland. Flying out of GVA to Toronto through London (one-way ticket) on Sunday. 12-day overstay. Swiss authorities currently processing long stay D visa – decision expected by end of November. Likely to be fined/banned on the way out?
Lindsey
November 11, 2017Hey Gloria, are you able to leave the country if they are processing your D visa? You should double check that! You might get stopped at the border in Switzerland, so make sure you have all your paperwork available to show your D visa is processing.
tal
November 3, 2017Hi, I have a quick question that I’m wondering if you can help with! Last year I was an auxiliar in Madrid (I had a residency card that expired June 30th). I left July 12th for the US and I’m now volunteering in Greece. I arrived September 19th and plan to leave December 14th (89 days). Before leaving Spain I went to a number of offices to see if this would be ok and finally got an answer from the immigration person at the national police- he said this was fine because when I re-entered Schengen in September it would start my 90 day tourist visa. I was also told it was fine to stay in Spain up to two weeks past June 30th which is why I left July 12th. I know the time that I was in Spain on my residency doesn’t count towards the tourist time. However, a couple friends here have said they think the 12 days in July also count towards my 90 day limit. Do you know what is legally ok to do? I just want to make sure I won’t have any problems leaving in December. Thanks!
Lindsey
November 3, 2017Hello! The law works on a rolling calculator basis. You basically just need to calculate 180 days backwards to see how many days you have in Schengen (from June 30th and on). You can use my calculator to do so: http://www.everyoneinbetween.com/schengen-visa-calculator/
Shamim
October 27, 2017Many many thanks Lindsey for your response, Actually i’m not talking about Portugal. Under my circumstances, can I apply for tourist visa again for other countries? If not then how long should I wait?
Lindsey
October 27, 2017You can try to apply for a tourist visa, but they will have the right to deny you if you have any previous record of overstaying. You can always appeal their decision if they deny – but in the future, you need to make sure you do not overstay a tourist visa. If caught a 2nd time, they could ban you from Europe. 😱
Shamim
October 27, 2017Hi Lindsey,
I traveled Sweden in 2015 for 26 days and exit before my visa expired (with tourist visa).
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. For this reason, I made Legal entry to Portugal immigration office, made Finance paper (NIF) by Portuguese citizen as a grantor. Then waiting for Social Security number. But everything getting longer then I expected. In this way I overstayed 112 days. And decided back to Bangladesh. Then made ticket and exit from Portugal. In exit point officer asked, “where is your visa? its expired”. I just told him, my roommate took my passport away to harass me, that’s why I cant get out in time. There was 2 officer and talked each other, after few moment he return my passport with simple exit seal (nothing like ban or a fine). However. I know about SIS, my all information in their database.
So, can you please tell me, is there any period I should wait till to next plan to Europe? Or I completely band for few years automatically. If so then how long?
Thanks in advance,
Lindsey
October 27, 2017Hi Shamim, you cannot change your tourist visa into a work visa while in the country. So, I am not really sure if what you did at the immigration office would have granted you a SSN. If they do grant you a SSN, you need to go back to Portugal on a work visa and absolutly not a tourist visa. So when you apply, it should be for a work visa with all the information of the company that is sponsoring you.
Fidelis
October 26, 2017I have kids in spain and my ex don’t want me to see my kids is spain because I’m not a spanish, and I don’t have spanish residence, what can I do?
Lindsey
October 27, 2017Hi Fidelis – Sorry to hear that. I suggest you get lawyers involved, unfortunately. 😢
Marc
October 23, 2017Hi There can you answer the following my son is in Portugal the 90 days will expire Nov 1 2017 can he fly to Dublin for a few days and fly back to Portugal to have the 90 days restarted? I’m a little confused with the Schengen rules. Thanks
Lindsey
October 23, 2017Hey Marc! Thanks for stopping by. No, your son cannot fly to Dublin and immediately fly back. 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. You can use my calculator to help determine how many eligible days your son has left: http://www.everyoneinbetween.com/schengen-visa-calculator
Jocelyn
October 20, 2017I have a sticky situation. Here is a summary on my visa situation in Spain: I am currently living in Madrid on a 6 month student visa. My visa is expiring and I was told I have 90 days after my visa expires to start the process for a new one. Instead of extending the student visa, I am going to apply for Pareja de Hecho (registered couple). 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).
I need to fly back to New York (my home) for 2-3 weeks in November. I leave on day 84 of the time they give me after my visa expires. I fly from Madrid to Dublin to NY and then I have a returning ticket from NY to Dublin to Madrid. I also need to get a new passport (either in Madrid or in NY) within the next month or so. My student visa is in my current one. What do you think about my situation? Would you advise getting a new Passport before leaving or waiting until i get back to NY. Will it make me look less suspicious when re-entering Madrid? Any advice would be super helpful! Thanks!
Lindsey
October 20, 2017Hey Jocelyn, it might cause more confusion, no doubt, but I don’t think it seems suspicious because you’re not trying to do something wrong. However, I don’t think you can technically re-enter Schengen due to you having exited without a visa processing, and 6 days left on your Schengen visa. Usually if you are looking to extend a visa in a country, you cannot leave that country until you get a response from the processing. You haven’t even started processing anything, just an appointment. But if you are entering on a new passport, they probably won’t say anything about that. Your old passport is still connected because it’s the same name, though. You will need to carry your old passport with you for your appointment for proof of the student visa. If you need to get a new passport, it’s best to get it before you apply for the Pareja de Hecho (because it might get put into the passport). I would call the Madrid Embassy in Madrid and ask if you can overstay your 90/180 if you only have a letter that states you have an appointment.
Jordan
October 16, 2017Hi Lindsey,
Thanks so much for posting about the Schengen rule, it’s very helpful.
I’m an Australian who flew into London on the 21st of June. I then flew to Croatia on June 26th and stayed there until July 10th when I took a ferry to Italy. Since then I have left the schengen region twice to return to the UK from the 7th – 11th of September and the 26th – 1st of October.
I’m 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.
Will I have overstayed if I stick to that plan? How likely are they to fine you in the UK given it is not an EU country?
Thanks in advance,
Jordan
Lindsey
October 18, 2017Hey Jordan! Thanks for writing in. You can check out my Schengen Visa Calculator to help you calculate it all out. Here’s the link: http://www.everyoneinbetween.com/schengen-visa-calculator/
They wouldn’t fine you in the UK, they would fine you on your exit from Schengen. It could be anywhere from €100-1500
Brenda Thomas
October 11, 2017Hi, Lindsey – awesome blog, thanks so much! This might be long, but please bear with me!
Our daughter Sarah is a US citizen w/ a US passport. She arrived in France (from NY) on July 12th, traveling just on the regular “visa-waiver” 90 day “tourist” visa. She does not remember if her passport was scanned by the guard/agent in Paris airport , but it was definitely not physically stamped.
On July 25th she flew from Paris to Lisbon. She said no one at the Lisbon airport asked to see her passport, she just breezed on through, no stamp/scan or anything. Since then, she has been living in Lisbon, staying at a hostel. She wanted to extend her Holiday in Portugal/Lisbon until early November, so she called the SEF (Portugal’s border control “Servico De Estrangeiros e Fronteiras”) to make an appointment to extend her 90 day “holiday” stay, which would officially expire on Oct 10th. On Sept 29th, the SEF emailed to her an SEF “appointment” letter, scheduling her for a meeting with them on March 2nd, 2018 (!). She was advised by her peers in Portugal, and the manager of the hostel, that this letter allowed her to legally overstay her time IN PORTUGAL by 90 days, because she has an appointment for review with them.
Another website travel writer / expat confirms that Portugal allows two 90 day extensions, the 1st can be for the simple reason of extending one’s holiday, the 2nd extension must be for a specific acceptable “purpose of stay” such as applying for a student visa, residence visa, etc. 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. I personally called CNAI in Portugal, and they also advised that as long as our daughter had this SEF “appointment” letter, she would be fine at the Lisbon Airport when she goes to leave Portugal. (Will they stamp her passport when she leaves Portugal???)
Again, her original 90 day “free tourist” visa expires today Oct. 10th. Alas, the stress begins!
With all of these assurances, Sarah’s plan is to stay in Portugal until early November, and then leave for Split, Croatia (non-Schengen), to stay/travel there a bit before coming back to the US. In November, she would fly directly from Lisbon to London (non-Schengen), and then go on to Split, Croatia from there. (Her peers advised that she NOT travel/fly through any Schengen country on her way to Croatia, since her Schengen overstay would be revealed. There don’t seem to be any direct flights from Lisbon to Croatia without layovers in a Schengen airport).
My concern is once she reaches the UK: will the UK immigration/customs see that she overstayed her Schengen 90-day tourist allowance, and fine/deport her back to the US? Or are they only interested in how long she plans to be in the UK? Should she leave Lisbon “pronto” for the UK or is it okay to wait until early November? Other people have advised her to fly to Croatia through Morocco! HELP!
A Concerned Parent!!
Lindsey
October 12, 2017Hello, Brenda! That is so weird that they gave her an appointment almost triple the amount of her visa-waiver. Her peers are giving her good advice on her Croatia travel plans by not re-crossing into Schengen. There are a lot of direct flights from non-Schengen to non-Schengen, so she doesn’t have to make some convoluted flight path. It looks as though according to SEF, that she needs to have a valid visa in order to apply for the extension. She doesn’t have a valid visa now, which seems to make her invalid for an extension in the upcoming 5 months…😑 Technically, she probably cannot leave Portugal and travel around to other Schengen or non-Schengen countries if she wants to extend her stay in Portugal. If she had an appointment now, they would have looked at her case for extending her holiday within their country…All of this sounds very troublesome to just stay an extra month in Portugal. My advice is to move on with the travel plans and head to UK and Croatia. Otherwise, you should call the Portugal Embassy in the U.S. to ask about this officially: http://portugal.usembassy.gov/
As for when she arrives to UK, they don’t really care about Schengen as long as she has an exit ticket out of UK. If she were to be caught on exit from Schengen, she simply can show the letter from SEF (only if she departing from Portugal), and explain everything. Most cases they will let her through and give a warning. I hope this helps!
Asephil
October 11, 2017Hi there,
I’m very confused with the situation I’m in right now. I applied for a visa to visit my boyfriend in Denmark from the 13th to 30th of July. My visa was approved and i was given a visa valid until the 14th of August. So i left Denmark on the 30th july but there was a delay of my flight for that date, I was suppose to arrive in Iceland, take a connecting flight 1 hour before it was midnight to the 31st of July but with the plane being delayed for almost 1hr and a half in Denmark, I reached Iceland almost around 1am and as you know it, I didn’t think there was a problem, as long I didn’t over stayed according to my knowledge because my visa is valid until August 14th. Now that I’m applying for the visa to go to Iceland for a vacation with my boyfriend, I just got an email stating why I overstayed for 1 day, I was so surprised by this, I mean I thought I’m still fine since the visa was still valid until August. Can you please help me understand how this could be called overstayed if my visa was expiring on August 14th and I got out of Schengen area even before August 1st. How do they call this overstay? I’m missing something in this overstay rule I’m so confused! I have sent a reply email to the officer explaining my situation with the flight and i attached the original flight ticket but it gives me no hope to know that I’ve broken the law here and it can jeopardize things for me from now:(
Lindsey
October 12, 2017I have written about this issue on my Top Questions about Schengen Visa Overstay under Situation E. The validity of your visa has nothing to do with your allowed days. They might have only given you 13th – 30th (18 days). The fact that you “overstayed” by 1 day (because in their records, it shows the 31st, even if it was by a couple hours). Obviously, this is silly, and it was not your fault due to the flight. This would definitely be an easy case to appeal if you are able to provide the evidence to prove the flight was delayed and you had originally booked the correct dates.
Kallaje
October 10, 2017Thanks Lindsey, yes I have now recovered and be fit to travel on 12 Oct. From past experience of your members who have shared with you, what could be the consequence in cases such as mine. Since my request for extension hasn’t been responded to yet, what are the likely scenario – fines- how much? remarks in the VIS/SIS system etc?
Any previous instances/experiences shared would give me an idea to be prepared for.
Thanks again.
Lindsey
October 12, 2017I see today is the 12th, so you have either made a decision to stay or not. If you are fit to fly, you should proceed with your plans to fly. If you overstay for a medical extension and you are not medically sick anymore, I am not sure why you would choose to stay longer. They might have deemed your medical reason not good enough for an extension and could deny, and then you would probably be spoken to by the customs, and if you don’t have paperwork to prove why you overstayed, you may have future visas denied and this will be on your travel record.
Kallaje
October 10, 2017Hi there,
Need your opinion please. Myself and wife are Indian citizens and entered Belgium on Short Stay C type Schengen visa valid for 17 days’ stay between 14 Sep and 16 Oct. We landed in Brussels on 20 Sep with stay valid until 6 Oct. Whilst in Gent, Belgium I was hospitalized on 29 Sep until 4 Oct due to medical emergency with Doctor’s recommendation to extend my visa on medical ground until 12 Oct. On 6th October, I submitted my medical papers, doctor’s report and request letter to local Municipal office in Gent to extend my stay in Belgium until 12 Oct as per medical advice. The local municipal office informed me that they have forwarded my papers to the appropriate office in Brussels. But i didn’t get a receipt for my request submission. I haven’t received any formal response from anywhere until now.
Our tickets are booked to depart on 12 Oct out of Schengen area from Brussels.
I am a bit concerned about our status and worried as to what course of action we should take next. We don’t want our planned next year summer visit to Germany to be jeopardized as well (visa denial etc).
In any case we need to depart on 20 Oct latest.
Any suggestions and guidance will be greatly appreciated.
Thanks
Lindsey
October 10, 2017Hello! Sorry to hear of your holidays cut short from medical issues. If you feel you are in good health to fly then it is best you keep on your flight. Otherwise, you will need to keep and/or seek all the paperwork from the doctor if you end up staying and waiting for your decision. If it is denied, you will need to leave the country as soon as possible and have all the documents to explain the overstay. If this happens and in the future you apply, you can always appeal denial decisions with the paperwork proving your case.
Nadia
October 5, 2017Hi! I’m just asking a quick question because I’m very stressed about this particular situation and any help would be amazing. I am from the US and previously stayed in Germany visiting my long term boyfriend (who is a permanent resident) beginning the 5th of may, I left Germany on the 2nd of august which is exactly 90 days but due to my layover flights I wasn’t able to leave Iceland until the 3rd of august where they stamped my passport which is technically 91 days and an overstay of my visa even though no one said anything about it or caused me trouble over it. I plan to travel back for the holidays and be in Germany on the 4th of November which will have allowed more than 180 days since I arrived there in may. My question is will I be allowed back in since I technically over stayed my visa? Or will they fine me upon arrival? I didn’t notice this until about two weeks ago and have been absolutely freaking out.
Lindsey
October 5, 2017Hey Nadia! Don’t stress ☺️ It’s good you’re looking in to this. But, you will be fine. If you’re speaking about December holidays, you will have been out of Schengen plenty of time and they most likely will not look at past stamps. Happy travels and have a good time visiting your boyfriend!
Nadia
October 5, 2017Hi! thanks for the response, It eases my mind a little. But I am going to be leaving on the 3rd of November arriving the 4th which (if my math is correct) around 183 days since my original day of arrival. Will they notice I had overstayed by one day on accident on my precious trip or will they let me explain? Or since I was allowed to leave from Iceland with no trouble is it a closed case? Anyway thanja for the help!
Lindsey
October 5, 2017If they did not say anything to you before, then you are fine. Just think like this, on the day you arrive in Schengen on Nov. 4, count backwards 180 days…how many days were you in Schengen in the LAST 180 days. If there were any days, you minus that from your 90 days allowed. That is how they are counting it. But if for some reason they ask, usually they let you explain and if you honestly had no idea, depending on the guard, they could just give a warning and if you do it again, then you’re in trouble. ☺️
Cliff
October 4, 2017Hi i need help i travelled to France on a type C visa and they days of stay were 10 but i moved to sweden since 17 january 2017.
Iam stressed about what the passport control officer will ask me since i plan to travel back to my country this october 2017 i have overstayed my tourist visa and am stranded but i have money to buy my ticket i need some advise on how to get my way through without problem or how i can get out without detention.
An urgent response from an authentic source is most welcome.
Thanks to this Amazing blog
Lindsey
October 4, 2017Hey Cliff! If you say you moved to Sweden, that means you have a Swedish residence visa. The overstay will not be looked at because you will now be exiting and entering on your latest visa, which is your Swedish residence card (you must show this to border control if you cross them).
Darine
October 2, 2017Hi Lindsey,
I am an American citizen who has one month left in Berlin. I am here visiting my boyfriend (a permanent resident but not a citizen) and to also look for work here. Unfortunately I was unsuccessful in finding any jobs and I’ve decided to apply for the student visa to learn the German language. I’m in the process of applying for the visa and gathering all the necessary documents to make my appointment, but it says on the immigration website that it could take up to six weeks to issue a student visa, which would surpass my legal stay in the EU. Am I allowed to stay past the 90 day mark while waiting for my student visa?
Thanks!
Dede
Lindsey
October 2, 2017Hey Darine, thanks for stopping by! I recommend anonymously speaking with the immigration office where you are applying. You might be able to get an extension while you are waiting (you can only apply for a long-stay extension while your current visa is legal or about to expire). 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). Best of luck!
Leia
September 29, 2017Hi,
WOW. Boy, am I glad to have found your blog. Thank you so much for this post-it is so incredibly helpful.
I would love some advice though.
I am currently in Genova, Italy where I am working as an au pair. I’m an American and my flight back home leaves form London-but not until 18 days after my 90 day limit is up. 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. Do you think it’s better to fly to London on my 90 day? Or do you think I could have a low chance of getting caught. Would I be turned away from London if they see I have overstayed?
Last year. I overstayed my student visa in Milan by two days and the man (who had a nasty snarl might I add) pointed it out. 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 in advance!
Lindsey
September 30, 2017Hey Leia! Really happy you found my information helpful. I suggest going to London, even if it’s your 90th day. They have these visas for a reason, they aren’t just guidelines. You were lucky an officer let you through last year – I do know Americans who have been fined $100 just for overstaying by 1 day. Don’t take the risk – it’s really not worth an extra 18 days and potentially your future visa in Europe. Best of luck! ♡
Nick
September 26, 2017Hey there,
I´m looking for a second opinion on this. I am an American living in Madrid, Spain on a 1 year student visa. 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 have planned a trip to leave Spain via Barcelona on December 20th, 2017 (before my visa expires) going to Macedonia and fly back into Barcelona on January 7th, 2018 from Macedonia. I´m told by my school that once I leave the EU and my student visa expires. I CAN NOT come back to the EU with out first waiting 90 days. After much research I am under the impression that I can re-enter on terms of a tourist visa.
During my year in Spain, I traveled to Italy and Switzerland in February and Germany, Austria, and Czechia in August. My 1 year student visa has multiple entries and exits from the Schengen Zone.
I need to clarify this issue as I am trying to take this trip before I head home to the US.
Any help is greatly appreciated, Nick
Lindsey
September 27, 2017Hey Nick, I am also under the impression that Americans can re-enter on a tourist visa. I suggest calling the American embassy in Madrid to get an official clarification.
cosimo
September 24, 2017hi lindsey,
appreciate you helping all of us overstayers! heres my question…i’ve been in italy on an overstayed visa for about 5 months. i fell in love with someone here and now we have a home together in the mountains. for several reasons i need to go back to the US for the winter, but i want to avoid a ban or detection for te obvious reason of coming back to my home here. she’s italian and will come to the US where we’ll get married, but if i was caught upon exiting the EU would this affect my residency application later on? should i leave from italy, or another country? i’m equally close to france and slovenia. you wrote that schengen countries only keep track of their own entries and exits but ii’ve read of many people being caught for overstays in countries other than those they overstayed in upon leaving. any help sincerely appreciated L!
Lindsey
September 24, 2017Hello! People can be caught in other countries if the guards look at the stamps and do the math – but it wouldn’t be written down electronically if you’ve never been caught before or you are in a different country. Europe is looking for overstays these days – brings in the $. I suggest leaving from Spain, actually. Many of my readers have been caught in France. I highly suggest if the guard says nothing, take it as luck, and to make sure to return with a plan of legality within your visa. You will also need to stay out for 90 days once you exit, just to be safe. For U.S. citizens, visa opps would be job sponsorship, or marriage and marriage can take time to get all the paperwork ready. So you cannot keep letting your Schengen visa run out if you want to get married – because immigration gets involved when you submit paperwork!
Anonymous
September 20, 2017Hi Lindsey,
I’m a US citizen that has been in Germany for a couple of months. I’m really confused on the 90/180 day rule. I first traveled here in May from 8-16 returned to the states, then traveled back on June 4-14. Left back to the US, then I came back to Germany, entering via Iceland July 18 and am still here. I originally was applying for a freelance visa when I arrived, but didn’t have the proof of income needed. I love Germany very much and don’t really want to leave, but if I’m understanding everything.. my time is up in a few days I don’t want to jeopardize not being able to live here in the future. Would I be able to leave for a few days and return in October? 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. I’m not sure if that is accurate. This all just recently dawned on me, I’m not even sure how I will be able to leave here if I can’t afford a last minute ticket. What are my options? Does Germany offer an extension? Thank you for this blog, it’s amazing.
Ryan
Lindsey
September 20, 2017Hey Ryan! Thanks for taking the time to write in. As you can see, a lot of people are confused by this. But it’s just as illegal to stay in Europe as it is for someone to stay in the U.S. beyond their touristic purpose. That’s what all the fuss is about on CNN & Trump. The day you enter Schengen, your clock begins – the day you exit, it is put on pause. Since you entered Schengen May 8th, you are at 134/180 days with 84 days spent in Schengen…so you only have 5 days left before you are considered illegal status. To avoid being potentially penalized when you exit, you need to either leave to a non-Schengen country immediately (UK, Turkey…anywhere besides the countries I mention above) and stay out for 90 days and re-enter after November 14th (that would be your 180-day mark since you entered in May). An extension to a Schengen visa is only possible in exceptional cases where new facts and special reasons arise after entry. Please see Germany’s policies on visa extensions here.
Hope this helps!
Brian
September 14, 2017Hey Lindsey! I appreciate you writing this blog. I’m in a bit of a predicament as I’ve overstayed for a long while. I received a business visa in the Czech Republic for 1 year. It’s been well over a year, and since that time, I’ve renewed my passport. Obviously my new passport doesn’t have an entry stamp nor the visa sticker. The idiot in me just assumed that a border guard would never notice that I never got an entry stamp on my new passport and would just allow me to just leave. I COMPLETELY overlooked the fact that everything is now computerized and that they could scan my new passport and see all the data from my old passport…and see that I’ve overstayed. I’ll be leaving the Schengen zone in February (trying to milk it as much as possible)…what would you do in my situation? Is Spain the best country to leave from (and avoid a fine/penalty)? Thanks, Brian
Lindsey
September 14, 2017What’s up, Brian! I would definitely suggest Italy or Spain in your case. Technically, if you have a tourist visa-free passport for EU, you get the 90/180 tourism after your buisiness visa expires…but you must be past the point of no return by now 😜
Alex
September 14, 2017Hi Lindsey,
I have Schengen visa
Type :C
Entry: Mult
Duration 90 days.
I overstayed 1 day extra
so all days in 180 are 91. What happened in this case.
What shall I do now??Or for next time they fine me???
Good day,
Ali
Lindsey
September 14, 2017Hey Ali! Thanks for writing in. Well first, you need to exit Schengen as soon as you can. The longer you overstay, the possibility of a bigger fine. We had a reader tell us she was fined €600 for overstaying 2 days in Greece. You may be lucky, however, and they do not say anything at all when you exit. However, when you reapply for a new visa, the immigration board that processes your next visa will see you have overstayed, and this may mean your next visa will be denied.
Allie
September 12, 2017Hello Lindsey, Awesome Site!! So full of great information! I read through a lot of the comments, to really get familiar with the process and penalties. I have a couple of questions. My husband and I are USA citizens and are currently in Switzerland in a program that lasts 5 months (approx.) unpaid for entrepreneurs. My husband has been here longer than I have (entrance date – June 16th) and currently is reaching his 90-day timeframe but the program is still ongoing and his return (changed) ticket is in late October. He decided to try to apply for an extension through the Commune with a letter from the program. The process will cost 157 Francs and no guarantee, must provide bank statements including proof of address (which we have) but no guarantee of approval. My husband is unsure about paying the fee given if not approved; he would still have to pay a fine upon exiting the country. He is concerned also that he might have to return back in mid November for the program and would need approval to come back. I have read about the range in fees and I am curious if you would know specifics on Switzerland fees & if you have any advice on applying for the extension & (whether) pending or declined by the time he exits, might help them not apply fine upon exiting the country.
Lindsey
September 12, 2017Hello! Thanks a lot for the kind words! ☺️ Definitely do not overstay your tourist visa in Switzerland. Immigration there is very tense and it isn’t worth your travel future to overstay just for a program. It is not just about “paying a fine” if you are caught. Overstaying goes on your record for all EU/Schengen countries even if paid, and this can lead to more questions in the future for other visa opportunities. You should apply for the extension (Long stay visa type D) before your 90 days are up. Usually when you apply for extensions, you can stay in the country while it is pending. If it is denied, you need to then leave, and bring that paperwork with you on exit. Also, if denied, he cannot come back in November, because his 90/180 will be finished. He needs to stay out of Schengen for 90 days completely if he used up all his days. You can try contacting Switzerland immigration to get 100% confirmation on this topic. Hope this helps!!
Puneet
September 8, 2017Hi I need you help, I dint realise that my schenghen visa is expiring on 18th Sept, I am travelling to croatia on 13th and returning to uk on 23rd sept (croatia to uk). I havent used my schenghen visa yet so total days stay is not a problem, the problem is that my schenghen visa expires when I am in croatia (non schenghen country). I am an indian national who lives in uk on a work visa.
Would it be okay to stay in croatia for 4 extra days after my schenghen expires?
Please reply.
Lindsey
September 9, 2017Hey Puneet. Hope you’re well! I am in Croatia now, coincidentally! So if border control sees your visa is too close to the expiration date, they most likely will not even let you into Croatia. You need to provide all your paperwork for your return flights, so if they see the visa and the flight dates don’t match up, then they will make a decision in letting you in or not. My recommendation is not to take chances to overstay. It is not worth it the penalty you might receive for your future travel.
Puneet
September 9, 2017Thank you for your reply.. I have booked a cancellable ticket for 18th (expiry date)back to uk..another option i was looking at is going to momtenegro as it allows us as i have a valid us and a uk visa. Then i can fly back from montenegro to uk. Will this plan work?
Lindsey
September 10, 2017Well, a valid US or UK visa has nothing to do with Montenegro. It is a non-EU/non-Schengen country. So you need to apply for a separate visa to enter Montenegro. To apply for a Montenegran visa, here is their official website with information: https://www.visit-montenegro.com/tourism/visas-and-montenegro-embassy/
Puneet
September 10, 2017Thanks again, on the same site u referred, I found the below document which gives detail in article 5 –
https://www.visit-montenegro.com/downloads/REGULATION_ON_THE_VISA_REGIME.pdf
It says us visa holders or schenghen can visit up to 7 days.
Hope this is okay 😊
Lindsey
September 10, 2017Yes, you can go as long as your Schengen visa does not expire while you are in their country. So before the 18th of September.
Puneet
September 10, 2017Thank so it also talks about US (American) visa rite? i have a long term us visa
Lindsey
September 11, 2017Hmmm. I see where it says that in their information. I honestly would call the Montenegrin Visa Regime for India and ask them about entering with the U.S. visa. This sounds like a very unique exception for Montenegro. The number is +91 11 2687-36-61 or email consul@embassyofserbiadelhi.net.in. Best of luck!
Puneet
September 11, 2017Thanks I did call and confirm 🙂
Lindsey
September 11, 2017Wonderful. ☺️ So, for my readers, it is correct that you can enter Montenegro if you have a valid U.S. visa?
Emily Taylor
September 7, 2017Hey Lindsey!
I’m in a bit of a pickle. I originally thought your 90/180 days reset every 180 days, so I was under the impression I wouldn’t be overstaying. I entered Paris for 4 days on January 16th, then went to England where I was studying on a short term study visa. I travelled in Schengen in April for 24 days, then returned to England to finish my studying. On the 24th of May I finished and went to Spain, and basically have been travelling since then. I’ve had visits to Turkey, Croatia, Montenegro and Bosnia in this time, and just re-entered Germany last night. However, I just found out the 180days doesn’t reset? It’s just the past 180 days continually, which would mean I’ve already overstayed by 22 days. I’m really stressed because I was just let back into Germany, my flight back to Australia is October 30th but I also need to return to England to collect a suitcase with my belongings. What should I do??? I was thinking of going from Italy to England, stay in England two weeks then go to Paris a few days before my flight home, and just avoid London airports, but now I didn’t realise they would pull you up for Schengen in England too! I also assume it’s too late to get a visa for anywhere (I’m Australian).
Lindsey
September 11, 2017Unless I know the exact dates for everything, I can’t properly calculate for you – but the rule is 90 days IN Schengen nonconsecutive and then 90 days OUT of Schengen within 180 days. 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. 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)
Mayuresh
September 6, 2017Hello, Mayur here. I read so many ans which you give reply to pples and it’s very much helpful actually. Thanks in advance.
I am just came from Germany for the purpose of study. Only my mis-understanding, i was stay 1 day more in schengen area and i am allowed a 15 day stay however i am leaving on the 16 day. During the immigration time, Germany police catch me and show me to stay 1 day extra, this is crimes ans so on. I am also wondering bcz, i am totally schoked. In my visa their is mention that visa valid from 5.07.2017 to 4.08.2017 and duration of stay is 15 days. I am only consider one month visa and not seen the duration of the stay period. So they fine me 110 € and asked me where u now came. I tell him from France. So they speak me that you cross the border illegally (they took ticket print where I came). I paid the penaly 110 €. I request him, this only happens due to my mis-understanding. They spoke me, it’s ok you paid the fine now chapter was closed. There is no problem for you now and future too. If you want schengen visa so u can apply again.
But I am afraid, bcz they collect my address from me by written and they tell me to sent something to my home.
Do you know what will happen to me? and can you maybe give me a solution? I am so afraid.
Lindsey
September 11, 2017Hello Mayuresh! Thanks for stopping by and telling your story. I know it can be very confusing between the “expiration date” of the visa…and the “time allowed” of the visa. The most important part is the “time allowed.” Don’t worry – nothing is going to happen to you now ☺️ You might be questioned in the future because they keep records that you had overstayed, but since you paid the fine, then the officer was correct in saying “the chapter is closed.” You can go ahead and apply for new visas – just make sure you are very clear and organized about your listed travel plans on the visa application and when entering Europe in the future. Best of luck!
Li Shenyuan
September 6, 2017Hello, Lindsey, Looks like I am familiar with Jay from the US, I am a MSc student, and had a module in Greece for 22 days (my applicaiton documents showed that but Greece only gave me 20 days duration, that was what I did not notice)
When I left Greece, the police gave me a 600 euro fine ticket,（what I heard is 60, and I did not see the ticket clearly for I have to catch the plane), but no black stamp on my passport.(Not qutie sure)
I have not paid the fine now because the ticke is full of greek, even I would like I don’t konw how to, my questions are: Am I surely on the SIS list? If I insist not paying the ticket, does it work if I attach a appeal letter if I re-apply another Schengen Visa for other country? And, If I have to pay, how to pay it?
Lindsey
September 11, 2017Hi Li! Sorry to hear about the fine. Greece is quite strict. If you want to take a photo of the ticket and email it to me, my husband is Greek and can help read it for you ☺️. It might have the information you need on it. You usually need to pay the fine on the spot – if you do not pay, they put you on the SIS. If you do not pay the fine ever, your visa will most likely always be denied in the future. Appeal letters do not work in this case. I am not sure where to pay the fine, but you can try calling the airport or the Hellenic Police for more info.
Li Shenyuan
September 11, 2017That is so kind of you! but I did not fing your email address, perhaps this link will work: https://photos.app.goo.gl/RS4B2UOzw5wTuTV33
Lindsey
September 11, 2017Sorry! My email is under the contact section “contact@everyoneinbetween.com”
Your ticket basically says you MUST pay this fine, or else you are banned from entry to Greece for 4 years. This would pretty much include all other Schengen countries since they put this in SIS. It says you can pay at the police station in the airport. Buut that doesn’t help since you’re not there…I will research a bit to see how it can be paid overseas and get back to you by email ☺️
Hasan Shauket
September 2, 2017Hi Lindsey,
My name is Hasan. I am a Pakistani citizen living in Spain. My partner is a Polish national who has been working in Spain for 1 year. I came to Spain on a 1 year student visa which has now expired and I have over stayed. My partner and I would like to get married. She is an EU citizen and obviously I am not. We would like to get married however the issue is that my Spanish Visa has expired. We want to get married because firstly we love each other a lot and secondly so I may be able to stay here and work. Do you know anything about getting married in Spain to a EU citizen on an expired Visa? Really looking forward to your reply. Thanks.
Lindsey
September 11, 2017What’s up Hasan! I understand how difficult the situation can be when law needs to come Before love 😕 If you have overstayed your Schengen visa, you’re definitely going to have some issues because in order to get married in Spain, you need to get authorities involved, and provide proof of your legality and residence in Spain. Since your partner is Polish – have you thought about looking up marrying a Polish 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. Hope this helps!
Gabriele ballet dancer
August 30, 2017Thank you so much for the answer you are so kind!
Now i have another question.
When we made the application for the long stay visa we specified that we would be traveling by car as serbia is on the border of romania…[cheaper]
You think this would be a problem for getting thr visa?
I knew that the embassies ask for a flight ticket just for turistics and short terms visas.
You think it will be alright?
Because when the woman interviewd her in serbia she went thru her papers and she didnt say anything about it…[like you are missing some papers or something as her duty comands her]
Lindsey
August 31, 2017It could be an issue – it really depends on the case officer your visa application is assigned to. But as you mentioned, you have paid the fine. So if they deny your visa due to this reason, you will have to appeal and explain your case.
Gabriele ballet dancer
August 29, 2017Hello! My girlfriend from serbia overstayed in romania 7 days and we got a fine because of it [100eu].
After that she applied for a. DAS visa and got refused.
The police officer told us that we could pay that fine once we’d be back in romania so before applying we didnt pay!
Do you think that was the reason of the refusal?
Now we payed the fine and we re-made the visa process…do we have more chance to get it now u think?
Lindsey
August 30, 2017Howdy, Gabriele! Yes, I absolutly think that was the reason why the visa was denied. It should have payed the moment when it was issued to you. They could still deny the visa if they feel like this was a serious issue – but you can always appeal it and explain what happened and that you have payed the fine. I hope it works out for you!
sil cri
August 29, 2017Hi
I hope someone could help me with this question. I was deported from Denmark on February/2017 and banned from schengen area for 6 years. I know I am not allowed to comeback. The question is: can I go to Bulgaria or another non schengen area country in E.U? I mean do you think that schengen area shared my details on E.U contries that is non schengen? By the way. I am Brazilian
Thanks
Sil
Lindsey
August 30, 2017Hello 😊 Yes, since most Schengen countries are within the EU, they also share that information with non-Schengen countries that are within the EU. You can still try to apply for a short-term visa for Bulgaria. but you will also need to make sure all of your flights and connecting flights do not touch down in a Schengen country, or else you will be automatically denied entry.
Even when applying for a new visa, they might deny your visa based on the Schengen ban.
Jay
August 26, 2017Hi!
My question seems to be a little different than those I’ve seen. I am from the US and overstayed ten days in Greece. I was caught and fined 600€ when I exited this past July. I also had my passport stamped.
My question is this: I am a doctoral student, and my stays in Greece have been to conduct research and do volunteer work in conjunction with that, so my biggest concern is what problems I am likeliest to encounter on future trips, because these trips involve my dissertation research. I *never* would have risked this for an overstay, it was just an ignorant mistake (I visited a friend in Switzerland on the way to Greece & equated “Schengen” with “EU”, so didn’t think it counted).
My plans are to go back for six weeks in December and January as a tourist, and to re-enter on a student visa next June. As you can see, all of these future visits will have well over 90 days between them.
At that point, on the long-term visa, I will be writing my dissertation, attending classes in Greece, and continuing my research for a couple of years.
In your experience, will all of this be in jeopardy because of the ten day overstay?
Can an immigration lawyer get the information removed, or would it be worth hiring one to help get my long-term visa, because of the black mark?
I don’t have much money for a lawyer, but I need to do whatever I can to ensure I can finish my project.
Any advice is appreciated, and thank you!
Lindsey
August 27, 2017Hey Jay! Thanks for sharing, and sorry to hear about the mishap. The stamp could effect you in the future (probably just questioning your reasons for entry), even in other Schengen countries, unfotunately. Greece is extremely sensitive for overstaying right now due to the refugee and financial crisis. Your information has now been added to the SIS system – which is looked at when you apply for visas. Did they mention anything about a ban? 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. But you paid the fine, so I don’t know why they wouldn’t let you have a student visa. My opinion is if they did not ban you, then you have every right to enter again (just be very careful to make sure you are within the 90/180 rule on tourist visa in the future). They might give you less days when you re-enter. Try having a layover in Germany or Amsterdam so you go through security first in another Schengen country. Also, just apply for the student visa – you will never be guarenteed the visa, and if you’re denied, you just appeal it, maybe with the help of an immigration lawyer. Hope this helps!
Canadianjoe
August 22, 2017Thanks so much for the response Lindsey – just a couple of quick follow-up questions:
1. If my Slovakian citizenship is made official before my 90 day Canadian tourist limit is up, am I allowed to legally stay in Spain for longer than that 90 day limit?
2. If i was to then leave the Schengen area after the 90 days have expired, being an Slovakian citizen (but NOT having a Slovakian passport yet), would that still be considered overstaying? And if so, in your opinion, would it likely be enough of a grey area that I could get away without any penalties or bans?
Thanks again!
Lindsey
August 22, 2017To answer your questions:
1: Technially, yes, with your EU passport you could stay in Spain longer. BUT that doesn’t mean you have the right to work in Spain. For that, you need to apply for the Spanish tax number/residence card.
2: This is a bit more complicated, since I have never dealt with this scenerio. So maybe speak with the Slovakian immigration board on this. But in my opinion, you need to have the Slovakian passport or an EU ID card in order to travel around Europe – otherwise you are just a citizen moving around on a Canadian passport. ie: I am an Swedish and American citizen, but if I travel around Europe without my Swedish passport or ID, or any other documentation, this will cause questioning if I pass through any non-Schengen borders. I don’t think they would ban you for it – but they would want to see all the paperwork.
Mido
August 21, 2017Hi
I’m writing to you with a hope u will be able to help me and answer my question about Shengen Visa.
I am Egyptian nationality and I have entered Shengen zone in Netherlands December 10th 2016 and and left 27th January 2017 from Netherlands as well. After period of 2 months a came back again 28th of March entering in Latvia and overstayed my Shengen Visa for 45 days, leaving 24th of June 2017 from Latvia. I have been stopped in Riga airport by officer and asked couple of questions. After that I have been given report in Latvian language, and asked to pay €50 administrative fee in bank, which I did. I haven’t been informed about any ban from Shengen zone, and officer that was dealing with my case stated that I will be informed by someone else, however that never happened.
My question is how will I know if I got ban from Shengen zone or not, as I’m willing to travel to Europe in the future again.
Regards
Mido
Lindsey
August 21, 2017Hey Mido – thanks for sharing your story. Ouch, Latvia is pretty strict. You most likely have been added to the Schengen Information System (SIS), and when you apply for a new Schengen visa, there is a chance you will get denied the visa. Under EU law, you have the right to inquire about any entry about yourself in the SIS. However, they require some information from you first, and will require a written application to the state police. You can find the information of what information is needed and where to send it under Rights of access to personal data, and their rectification or deletion. I have added the link for you here: State Police: Schengen Information Sysytem. Best of luck!
Canadianjoe
August 21, 2017Hi Lindsey,
I’m a Canadian citizen staying in Spain on the 90 day limit. I’m currently awaiting my Slovakian citizenship/passport which would make me an EU citizen, which I’m told will be ready in one month. If I was to just overstay my 90 days in Spain for a month or two until my EU documents are ready, what would be the consequences of this? 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? If they banned me from re-entry into Spain, is that something that would affect BOTH my Canadian and Slovakian passports? Thanks for the answers
Lindsey
August 21, 2017Hello there! Well, if you entered on your Canadian, and left on your Canadian, that means you overstayed on your Canadian tourist visa. Technically to be exempt, you should be entering Schengen on your EU passport…since that wasn’t an option, I think you should exit Schengen on your EU passport once it is ready for pickup. Is that in Spain or Slovakia? No matter, as they are both Schengen which is borderless. As long as you exit on your EU passport, they won’t say anything. I also have dual citizenship, and the rule is enter/exit Europe on EU passport – and enter/exit America on my American passport. No questions asked that way.
Jammy
August 21, 2017Work permit under process
I am overstaying in France since Jan-17, I have a obtained a work contact with a firm here and my application had been submitted to the local prefecture.
I am worried that if they reject my permit application… what can I do .. Do if I get a work offer from some other firms and able to apply for a short visa from french consulate ??
Lindsey
August 21, 2017Hello there! First of all – what was your original visa as of January ’17? Was it a tourist? If yes…then you have some other issues you are dealing with other than overstaying a tourist visa – you would be illegally working, which comes with other penalties (Imprisonment for 3 years, fines up to €45,000…). My suggestion here would be to stop work and leave the country and then apply for a new visa once outside of Schengen. Your work should be able to help with that – next time you can enter legally on a work visa. You cannot apply for a ‘short stay’ visa if you have been illegal for the past 8 months. They would probably have an order to deport you, unfortunately.
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. If you get a work offer from other firms, I believe you would have to start the procedure all over again to apply for a new work visa (since those visas are linked to the company that is sponsoring you). I suggest calling France’s immigration agency and ask them what to do if you are stuck waiting for the work visa.
animal kindness
August 20, 2017Hi, Im an american citizen who has lived in spain legally in and out for about 4 years as a student.
The student visa was always a sham tho, it was just a way to reside legally in spain and I never really went to any school,I was given papers stating I was a student every year by an old teacher I once had who understood my desire to live in spain so he would give me a certificate that I was his student so I could continue living as a student. But The student visa never counted as residence but only as a long term stay, so it doesnt help in anyway to apply for residency no matter how many years you live here. On a Student visa I could also never work legally.
So since 6 months ago, I stopped renewing my student visa because I found it quite pointless and not conductive to my progress. and So Ive been illegal eversince. Some things suck, like my brother is having a wedding this november and I will definately not go as not to risk being banned re-entrance into spain. Right now I think the only solution is marriage or pareja de hecho. Even being illegal , I believe one is still able to marry and actually apply for residency. Do you know anybody who has done this or in this similar situation as me? Maybe I could marry a friend, or somebody out of convenience.
Lindsey
August 21, 2017Howdy! What an adventure you have had 😃 🇪🇸! Spain is one of my favorite countries, so I don’t blame you for trying every trick in the book to stay there. I know how rough it feels when the ‘dream’ of living abroad comes to a screeching halt when reality sets in – like the possibility of being banned for trying to enjoy life’s beautiful moments like your bro’s big day. In my honest opinion, I wouldn’t marry someone just for the visa…unless you really, really trust them. But it’s not that easy or stress-free to go through that process. Have you tried looking for a job in a company that will sponsor a residence/work visa for you? How about teaching English? Being an Au Pair? Unfortunately, these are the only options for Americans if they want to get their foot in the door (and yes, I know how hard it is to do this), but maybe a company is looking for a native English speaker!
Victoria
August 17, 2017Thank you for the answer!!! Id like to ask also, when I have just arrived to Italy, we had a big quarrel with my bf, and my Italian visa was canceled. So if ill go back from Italy, can they see that my visa is canceled? (its not written in passport, they just have sent me a letter)
Lindsey
August 17, 2017Well, you’re not on any visa as it is right now – so no matter what country you enter in Schengen you’re not allowed to be there. They can see all the history of your previous visas if they actually look into it, so yes, they can see if it was canceled. However, they might just stamp your passport on exit and not say anything at all. But when you re-apply for a future visa, that is when you might have trouble getting a new visa approved.
bernadette
August 17, 2017hey victoria, can you send me message on my email though? i think we have the same problem now.
Victoria
August 17, 2017Hello! I really need your advice! I have Italian visa for 1 month(till march 2017), Ive come from Italy to France and all this time I was staying in France. So I overstayed for 8 month. Now I am going back to Ukraine and I really dont know how is better for return, should I go from Milan or from Paris. As I had my visa by invitation.
Maybe there is a way for have some little chance for dont be put in Blacklist… Will be very thankful for answer!
Lindsey
August 17, 2017Hi Victoria! Thanks for writing in. I think you should leave from Milan, Italy. 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. So make sure you know what to say. There is a chance that this situation could be more difficult when applying for future visas since they will see your entrance and exit stamps in your passport. Unfortunately, that is the risk that is taken when overstaying. I wish you luck!
Lily
August 16, 2017hello there, i am Lily from Mongolia. i overstayed 1 year in Switzerland and banned to re-enter Schengen area for 5 years. now its over (2011 2016)
The question is can i re-enter schengen this year 2017 without any question? i applied 2 years ago and they denied because my data is in SIS.
is the entry ban data disappear automatically from SIS?
or should i send letter to embassy of switzerland?
i am in hesitation.
now i am married and have kids.
thank you so much in advance
Lindsey
August 16, 2017Hi Lily! Thanks for writing in. It is definitely interesting for my readers to see a comment about someone who had consequences for overstaying. Technically, you have the right to a new visa since your ban has been completed, however, they still have the right to deny the visa or even give you very little holiday days within their country. I would try re-applying anyway and just see what happens.
Hala
August 13, 2017Hello ! my first travel to europe (poland) was in april 2017. I got a schengin visa month and number of stay in poland 10 days ( since am the one who asked for 10 days) when i went their i loved the country so much and it was a bad weather so i extend my flight week plus! My friends travel on the same date in was supposed to travel in !! In frankfurt they said that he overstay for 1 day and it’s fine !!so he told me that he had a problem w am overstaying in poland since i extend my visa for a week !! I went to the guard bord in the airport to fix my papers and to be legal !! They helped me so much and i stayed at them 5 hours until they finished my papers !They understand me but the said i have to be punished and he gave me the minimum 6 mnth. Not to entire only poland !! He said that he didn’t mentioned anything in the SIS and this punished is only in the polish system and automatically will bs removed after 6 month ! And he gave me an extend 20 days to stay in poland if i want to stay! (But i already booked my flight) But he put a stamp on my passport (he said that this stamp will allowed me to enter frankfurt without any problems or questions ) !! And that’s what happened !! No one talked to me at all !! And he told me that i can enter all schengin area whenever i want except poland after 6 month !! My question is would i face any problem or rejected visa if i want to apply again to poland after this 6 month expired and removed ??? Or to any other schengin areas ???
Lindsey
August 14, 2017Hello! Thank you for taking the time with your question. Of course, there could be issues again when you re-apply for your tourist visa in Poland if there is history of overstaying and banning you from re-entry.They might not want to give you another visa in case you continue to overstay. However, you should still try to apply and make sure you have all your return flights booked – bad weather is not a good excuse to overstay your visa next time! If you are denied, you can always try to appeal the decision and continue from there. I hope this helped 🙂
F.G.S.
August 10, 2017Hey,
I am on a work permit and residence permit in Germany that expires on a Friday. My flight is booked for 14 hours after expiry. I am originally from Canada and flying back there. Do you foresee any issues?
Thank You for your help!
Lindsey
August 10, 2017Hello! Thanks for writing in. I think you’ll be just fine on exit since you’re Canadian (sad to say, but where you’re from can definitely be taken into consideration). Just make sure next time you book the flight on the same or before the expiration date 😅
Maggie
August 7, 2017Hello Lindsey!
Thanks for the info! I am wondering if you could give me some advice…
I am a US citizen and recently discovered all about the Shengen zone and the fact that I am illegal here in Spain as of 13 days ago. I just received a job offer about a week ago and now worry that I won’t be able to get the Work visa in order to work…
Have you heard of people with overstaying issues being able to get the NIE work visa regardless? Is it a possibility to return to the US, apply for a new passport and return with a clean passport without stamps? Or will my name be in the system? I just got a job and don’t want to have to decline it!
Thanks for any help you can offer!
Lindsey
August 7, 2017Hey Maggie! Congrats on the job 🎉! I received a Swedish work visa in the past even with my track record, so I don’t think it is a problem…unless you get caught when you leave. When you submit your work visa paperwork, you usually need to give passport info and probably more information about you travels within the past 10 years, etc. In fact, I think you need to send your passport to wherever it is being processed. As long as you are not caught overstaying on your way back to the U.S., and put into the SIS, then you should be fine. I suggest you go home and apply for everything from the U.S. If Spain is like most other European countries, you probably cannot be in Spain (especially on an expired tourist visa) while the visa is processing. I know for my work visa in Sweden, I was not allowed to enter the country (and I definitely could not pick it up in Sweden). I picked my visa up in another Schengen country instead (at Sweden’s embassy). 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 you’re caught. I suggest calling the U.S. embassy in Spain (anonymously) and asking if you are allowed to wait for a work visa to process while you are on your tourist visa, and what happens if the visa is not done processing by the time your tourist visa is up. This can give you an indication if they say “you need to leave before your tourist visa expires…” or “you can stay as long as the visa is in the process…” But, I am afraid since you are already on an expired visa, you probably should just get out while it’s still tourist season and you go more undetected. It will be the same process from home anyway. Hope this helped!
Tara
July 31, 2017Hi Lindsey,
This is the most comprehensive blog about the subject, Thanks for uptodate info. To make a short story, I’ve overstayed my tourist visa in Spain, I’ve been living here for 2 years and after consideration… I would like to return home (Australia) and apply to a German university. I wish to visit Germany via bus for language purposes but from your above comments, its sounds risky and will affect long term objectives.
What do you think?
It would be very useful but I’m aware its a risk.
I’ve been advised on best departure points in Spain from free legal advisor. He also mentioned I could leave and re-enter, I’d be stamped both ways, but I didn’t understand. Would I be on a legal tourist visa?
My main objective is for a German university to accept me. Can I apply for a German university in the following 6 months? Or will I be denied the student visa because I’ve overstayed my tourist visa?
ANY advice would be greatly appreciated and thanks for sharing, everyone’s experience keeps us informed
Tara
Lindsey
August 1, 2017Thanks so much, Tara! I hope I can break it down in ‘normal words’ for people to understand. I think the legal advisor was trying to say you can do a ‘visa run’ and exit (and get a stamp to prove you left) and then re-enter right away and get a new stamp. Buuut, that is not advisable, as that looks super sketchy to any border guard, and it’s still breaking the 90/180 day rule you’re supposed to follow on a tourist visa. There is no such thing as ‘visa runs’ in Schengen. Technically, what you should do is leave Schengen through Italy or something (if you have an entrance stamp from Spain, you could get questioned if you also exit from Spain…showcasing in full glory your time spent in that country), and not return to any Schengen country for at least another 90 days after your exit.
As for the German visa, you could have issues, as this is just the consequence for choosing to overstay and is kinda unavoidable if they bring this up. If you are caught on exit, they will put your information in the SIS, which is checked when giving visas and would potentially lead to denial of future visas. I personally think you should leave and then apply from Australia, and just see how it goes. You can always appeal the decisions. Hope this helped!
Alexandra Rodriguez
July 26, 2017Hi Lindsey,
I’ve been scrolling thru the comments to see if I could a similar situation as mine but so many comments that i figured I’d straight up ask you. I’m researching my flight to head back home to the US and I’m currently in Budapest. The best flight price I could find would cause me to overstay the Schengen tourist visa by two days. The flight has a layover in Norway. Would you have any experience on passport control in these countries and if they would have a problem with just two days of overstay?
I really appreciate your advice!
Thanks,
Alexandra
Lindsey
July 26, 2017Hey Alexandra! Thanks a lot for saying hello! I actually live in the Nordics, and they are a bit strict in checking these things. If the difference in cost is not that much, I would take the flight that puts you out of harm’s way and gets you out in time. If you overstay by a couple days, and control figures this out, they could be lenient if you play it dumb if they ask. Just be calm and cool, and make sure you stay out of Shengen for the following 92 days (the added 2 days to make it even). Best of luck!
Ray
July 26, 2017Hi Lindsey, I had a quick question . I am an Indian currently travelign through the Schengen area. I have a visa that says I can stay till 16 Aug . When I originally applied for the visa I had planned to return on the 2nd and I am now thinking of leaving on 6th (well before the visa is valid until). Now I just wanted to check in to see if this is ok ? Since I intend to keep coming bak in the future (my fiance is here) I would like to make sure that this will not affect my arrivals in the future.
Lindsey
July 26, 2017Howdy, Ray! I love India! I was in Delhi this past March for work. As for your visa -Make sure you are looking at the DAYS you are allowed, and not only the expiration date. I had some Indian parents of a friend overstay because they confused their visa’s expiration date and thought they could stay until that date instead of the 90 days granted on their visa. Their 2nd Schengen visa was denied due to this 😱
To answer your question, you can leave or change your exit dates anytime BEFORE the expiration date (Aug 16). Just do not leave after!
Qiongyi Lu
July 22, 2017Hi Lindsay,
My family are going to have a trip to Europe next month. My wife and I are Chinese so we need visa. I am totally new to Schengen visa, ended up getting a visa with allowed duration of 10 days while our actual trip will last 13 days. Here’s my itinery
Day 1: enter France
Day 4: train to Italy
Day 11: flight to Switzerland
Day 13: flight leaving Switzerland
Suppose re-planning is not an option. My biggest concern is whether I’ll be able to successfully board the flight from Rome to Zurich on Day 11. Is there a chance that the airlines/airport accidentally check my passport and realize I am overstaying already and dis-allow me to fly to Switzerland? The other concern of mine is that my departure flight from Switzerland has a stopover at Geneva. Would they force me to take a direct flight out instead? We are traveling with two young kids, both holding US passports so visa is not an issue for them. Would that possibly make the Swiss border/custom officer easier to deal with on the overstay issue.
Any suggestion would help. Thanks!
Lindsey
July 22, 2017Hey Qiongyi. Thanks for writing in. 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. Switzerland is very strict with visas, and the visa is put into place exactly for the reason of controlling how long people are within their country/region. When you applied, did you tell them your exact travel dates? They should have taken this into consideraton. You should probably speak with whoever granted you the visa and explain to them the issue. They may be able to extend the visa a couple days to accomodate your tickets. Best of luck!
Nalini Marajh
July 21, 2017Hi, so i have a bit of a problem, I am currently in Bulgaria from Trinidad, and i am allowed a 90 day stay however i am leaving on the 91st day. Do you know what will happen to me? and can you maybe give me a solution?
Lindsey
July 22, 2017Hi Nalini! Can you try leaving a day early? This would save you a world of stress if you just left 24 hours before – that way you will be in line with your visa. Usually they won’t say anything to you, however, if you are caught, they could give you a fine of up to 1500 euro.
mari
July 18, 2017Hello Lindsey!
I’m a US and a Russian citizen (got 2 passports) and my boyfriend is French. I came to visit him this summer, entered and exited Europe in different places (went to Uk for a week), my last entry to the EU was via Lisbon. I was about to leave France and go back to work in the Usa. But we just discovered that I’m pregnant and that my 90 days in the EU have come to an end… We decided to keep the baby. We are not really sure about the future life together. If we decide to be together than according to several organizations that help immigrants, its better that I stay in France, give birth here and then get my French residency as a mother of a child born in France. This involves me being illegal here for 9 months. Another scenario is to stay here for the most of my pregnancy and then leave to give birth in Russia (where my family is) or in the US… If I decide to leave it will probably be on the 7th month, so I would overstay by 6 months. What risks do I have in the airport in Paris and after if one day I decide to come back to EU? Thanks. Mari.
Lindsey
July 18, 2017Hey Mari! Congratulations on the baby!! That is so exciting, and I am sorry you have to stress out a bit about this. According to the French government, under no circumstances should a person stay past the expiration of their 90 day visitor visa. If they are forced to do so, by “an act of god”…so technically, you needed to apply for a visa extension (prolongation de visa) before your tourist visa expired. You could have based this off of your pregnancy. You should not illegally overstay. I don’t think anything will happen to you at the airport, but France is a bit strict these days so you never know. I say do a couple things: Call the Office Français de l’Immigration et de l’Intégration (OFii). Ask what to do. See if it’s too late to start paperwork for a visa extension.
Donna Wilski
July 18, 2017My American friend has overstayed a Spanish tourist visa by 9 months. She would like to return home and apply for a long term visa. It sounds like she might want to leave the Schengen through Portugal rather than Spain. Is this worth trying? What is the worse thing that could happen? Is she likely to have trouble applying for a longterm visa? I see comments about passports being flagged – what does that mean? Is this situation likely to affect her ability to get a longterm visa or to return to Spain?
Lindsey
July 18, 2017Hey Donna! Portugal is a Schengen country as well. As long as she tries to get a direct flight out of Portugal, she runs a lower risk of being caught. Usually when you leave Schengen, you will go through border control where you need to approach a border guard and hand them your passport. They will most likely slide it through a scanner, and then flip through the pages to find your entrance stamp and see where you’ve been. They cannot see this on the screen, however. When people say their passport was flagged, this means that the border guard noticed the entrance/exit stamps exceeding the 90 days or beyond the given visa. They could punish the overstayer on the spot, question, or decide to let it slide. When applying for a long-term visa, usually it is asked on the visa form your last time in the country you’re applying for, etc. I don’t think she will have trouble applying, but there is always a ‘maybe’ – but that is the consequence that needs to be accepted if someone chooses of overstay. I hope this helped!
sam
July 16, 2017just a little update, i made it back (to the UK) from Hungary with no problems.. to be honest the worst advice i got was from my own Embassy in Budapest (uk consulate) who told me to seek a lawyer and or go to a police station haha
anyway, i ended up speaking with the Hungarian Embassy in London and they, like you, said i had no problem leaving Hungary after 4 months of stay… but it is still unknown what the correct procedure is for an eu citizen staying there longer than 90 days, at least just as a tourist… anyway!! thanks again for your advice before.
Lindsey
July 16, 2017Hey Sam – Thanks a lot for checking back! I am happy that I gave you the more correct information. As far as I know, EU citizens will absolutly not get punished for hanging out in another EU country. As long as you are just ‘hanging out’ and not working in that country without a tax number, taking government assistance money, or taking from that country’s health system, I don’t think there is much law for it. It definitly gets more complicated when you are settling there for a longer period – then you need to look into switching your residence and get a tax number. And of course, when Brexit comes into effect, please watch out, because there will be a change, which I will most likely post about. Best of luck in the future, and feel free to visit back here if you have more questions. Cheers!
Lei
July 14, 2017Hello Lindsay,
i don’t know how reply here. I just want to tell you, that we solved the Problem already! Today we went to the immagration and showed her our Date confirmation for marriage. The Lady didn’t ask much and gave my fiancee the stay permission for getting married. We are so happy! We are going to get married on 27.07.
Lindsey
July 14, 2017Hey Lei! You are very brave! Thanks for updating us. Congratualtions on your wedding and I wish you all the best of luck in your life!
Scott
July 13, 2017Thanks for the reply, and sorry for the confusion! The ‘(Schengen/non-EU)’ description following Norway was only in reference to Norway, as the layover there is what I’m wondering about, specifically regarding whether or not I’ll have to pass through security again when changing terminals. I’ll take a look again at options out of Portugal. Cheers!
Lindsey
July 14, 2017AH, I see. You can fly out of Schengen into a non-Schengen country, and then back to the U.S. Just make sure that your flight abck to the U.S. does not re-enter a Schengen country on a layover. You would have to go through control again.
Scott
July 13, 2017Hi Lindsey,
Cool site! I have a question regarding the layover. Do you have to go back through security when leaving a Schengen country to non-schengen (like from a Norway layover to the US)? I can’t remember if this is the case. I’m a US citizen who has overstayed, flight home is Spain>Norway layover (so Schengen/non-EU)>US, and I’m leaning towards letting that one go and buying a direct flight from Portugal home instead to reduce the chances of having problems. It varies case by case of course, but I figured I’d ask your opinion. Thanks!
Lindsey
July 13, 2017Hey Scott! Thanks a ton for the kind words. I’m not sure what you mean by non-Schengen. Norway is very much a Schengen country (they are just not European Union). I recommend leaving from Portugal. The farther north you get in Europe, the more strict they are at looking at your entrance stamps.
frenchie french
July 12, 2017Hi Lindsey. I’m overstaying my tourist visa in France. I’m feeling okay about my exit, but still definitely a little nervous. I have a flight back to USA a little less than a month after my 180 days is up. Im leaving from France and I had entered in Iceland, and I have lots of in and outs within that time. But just in the time between my most recent stamp and leaving I’ve been only in France for over 90 days in itself. And I read in your post that other countries computers can’t communicate with each other but one country can communicate with itself. Is it a for sure that a red flag is gonna pop up when they scan it saying I overstayed the 90 days? Because I’m totally screwed then. Or is it only if you overstayed 180? Also I was planning on being home for a month and a half then entering England for a few days and then back to France. You said not to re enter Europe for 6 months if possible. At that point I would be starting a new 180 days. Can they still fine you even if you’ve gone home scotch free and then came back?
Lindsey
July 12, 2017Hey! Thanks for your question. So, the rule is 90 days IN Schengen…then you gotta spend 90 days OUT, and then after this, you can spend another 90 days in and then you need to be out 90 days. So basically, you should have left 90 days ago. The countries won’t flag you when it scans, but if the border guard checks your entry stamp in Iceland, he/she can do they math and question you. Also, you cannot just stay home for 30 days and then come back to Europe and be cleared. You need to stay out at least 90 days of Schengen for them not to get suspicious when you re-enter. So maybe when you come in through UK, stay there for about 90 days, and then you’ll be clear to be back in Schengen for another 90 days. Also ask yourself what your reason is for coming and going so often to France? Obviously it is not just for tourism, so maybe you should look into long-stay visas? For Americans, there are few options, but here is one for teaching/studying and another work other employment.
Also, they can actually deny you entry after you have flown into Europe. They will send you on the next flight back to where you came from. I have heard many stories of this.
frenchie french
July 13, 2017It’s very possible that I could returning on a spousal visa. My boyfriend and I are trying to figure out the details of that currently. If i am returning on some sort of a long stay visa such a that, can they still tag me for overstaying previously?
Lindsey
July 13, 2017If you are returning on a long-term visa, they cannot tag you for overstaying previously. They only care about your current visa. But when you apply for your spousal visa, it could be flagged during the processing if they see you have overstayed on your documents. This could be brought up in an interview. I think you’ll be fine, just make sure to pay attention to visa rules, because it can turn around and effect you in travel down the road.
Lei
July 11, 2017Hi Lindsay, i have a difficult Situation. I and my fiancee want to get married in Germany. I am german citizen. He is from Brazil and arrived in Schengen area in December 2016. He came in Schengen in Rome. It means, he overstayed already for 4 months. During this time he has a new passport from Consulat. So there is no Stamp on the passport. We have given all the documents for marriage in town hall and they proved them already. We have registered for the marriage already and got an Appointment for Wedding on July 27. Now the town hall asked for his residency permission of Immigration. Otherwise we can’t get married. We are afraid, that if we go to the Immigration, they will find out, that he overstays and deport him. I have done some Research in Internet. they say, the grund law of Germany proteces the freedom of marriage. So he might be able to get a temporary permission to stay here. But i am not sure, if the immigation knows about it. Or should we find a lawyer to handle this? Can u give us some advices? Thank you.
Lindsey
July 11, 2017Hey Lei! Thanks for your question. I’m not sure if Germany’s protection of the right to marry has anything to do if they have overstayed their visa. The fact that he has actually been illegal for almost half a year and never tried to fix it might make it tough for them to give an extension to a visa that expired 4 months ago. He needed to apply for the extension before his tourist visa ran out. Also, the fact that his passport has no stamp is going to cause a lot of questions when he exits. My advice is: Since he is not a resident in Germany, you should contact the German registry office and ask what they will accept as proof of address in lieu of a Meldebescheinigung. I don’t think you need to be a resident of Germany to marry a German citizen. If all else fails, go elope in Brazil!
Raafat
July 11, 2017Hello Lindsey,
Long story short, back in July 2016 at Geneva airport they didn’t allow me to enter the country because of overstay visa (10 extra days based on my last visit), they sent me home at the next flight.
What’s happened is happened, I didn’t count my days back then, I want to apply for another visa this month, I’ve tried calling the Swiss embassy in Saudi Arabia, but they are keep telling me the process must go to VFS Global company, I want to know if I can travel again or not.
Can you answer my question?
Thanks
Lindsey
July 11, 2017Hi Raafat – Many people don’t hear about the results of what can happen for an overstay, so much appreciated for sharing your story. You cannot travel to a Schengen country without having the visa approved and processed first. If the Swiss Embassy is suggesting to go through VFS Global, you should get in contact with VFS to start your application process. You will then have to wait in your country for the approval and visa in your passport before you book tickets. If you are denied a visa due to previous overstays, you can try to appeal the decision.
Andy
July 10, 2017Hey! Hello from a fellow Washingtonian, I am from Bellingham. Question about the transition from a student visa to a tourist visa. I finished the year as an Auxiliar in Spain, with a student visa. My NIE expired may 31. I have 90 days to reapply for my visa within Spain, but I can’t do so yet cause they haven’t given me my post for next year, only a confirmation they I have a position in the Balearic Islands. I am unsure of how this affects my legal status in other schengen countries. I am curious what i need to do to be in Europe as part of my 90 days in 180 days tourist visa, and not in legal limbo from my Spanish job. Can I leave and re enter the schengen zone? Am I technically illegal now? I am currently riding my bike across France/Italy, and hoping to enter the balkans, but want to figure this out before I have to talk to customs anywhere. All I have in my passport is my entry stamp in Frankfurt last September, along with a student visa that expired 60 days after I entered Spain, as well as my Spanish NIE that expired may 31. I did not enter Europe as a tourist before my student visa.
Thanks in advance, your site has a lot of helpful info, but I couldn’t quite find an answer. What other sources do you recommend me looking into?
Lindsey
July 11, 2017Hey Andy! Nice to see another PNW person here. I noticed you mentioned your job in Spain? Did your student visa allow your to work? If yes, and it has expired…this means you absolutly cannot work on your tourist visa. You will run into a lot of problems if you are caught working illegally because then you are messing with the government’s taxes. You will need your job to sort out a work visa for you, and you will need to re-enter Schengen on the work visa to continue to work.I will leave a link to that right here. As for the switch over to tourist visa, there is not a lot of information on this. I would presume depending on what type your student visa was, you would be allowed an additional 90 days of tourism in Schengen. I think if you are questioned, you can always just show your expired student visa, and now say you are backpacking for tourism, this shouldn’t be a problem for an American citizen. However, you should probably contact your student abroad center or even the American consulate for an exact answer.
Fadilla
July 9, 2017Hei Lindsey,
Just want to update and say thank you for ur suggestions before.
I already in my country now, I’m came back through Düsseldorf, the immigration only asking why I overstayed and I gave all the papers for proofing of the timeline what I have done, because in Dutch they didn’t understand, they just ask me to explain, after I explained everything they let me go.
Lindsey
July 11, 2017Thanks for coming back and telling your story! I told you to be careful when going through Germany! They are a lot more observant. Happy to know everything went smoothly. Your situation was really complicated, so the border officer must have been understanding. I suggest making sure you stay out of Schengen for at least 90 days to make sure you can clear the 90/180 rule when you return. Best of luck!
sam
July 9, 2017yesyes, i hope thats the case! just to make sure i will ask the uk embassy and see what my position is, if anything i will be travelling back very shortly.. so I’m thinking that should solve the problems, it was just my naivety in this instance… i shall let you know how it goes, just in case anyone has this experience! keep up the great work and thank you again for you input! best
sam
July 9, 2017aha… yes, i see.. thank you for the reply on this.. I’m just curious as after more research i read that after the initial 90 days i should have “registered” to stay longer… would you know anything about this? and if its still punishable with fines and travel bans?? thank you so much
Lindsey
July 9, 2017Not if you are a tourist. You should register only if you’re actually living in the country and working. This would be for taxes and health care benefit reasons. You would need to register for a tax number if you work, otherwise it would be illegal work, which is a different topic.
sam
July 8, 2017hi there! 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
basically im a uk citizen and travelled to hungary in dec last year (2016) i had a return ticket but missed the flight, in my naivety i just thought to stay longer, now i read that in actual fact that was a big error.. so im almost 90+ days over my tourist visa… i just need to know what i should do, if i go to the airport to leave and just explain how stupid i was?
any advice would be much appreciated!!
Lindsey
July 9, 2017Hey Sam! You are a UK citizen, which is part of the EU (for now), which means you can stay as long as you want or even live in another EU country or Schengen country, such as Hungary. This blog post is directed towards non-EU/EEA citizens, so you’re in the clear!
Henri
July 4, 2017Hi! I visited Netherlands/Belgium/France/Germany a few years ago, and overstayed by a few months. 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). They finally let me go, but warned that they had documented my info and that it might come back to haunt me. I’m traveling to Croatia next week…is there any way to find out if I have been flagged in the general system? I don’t want to have my trip aborted before it even begins!
Lindsey
July 5, 2017What’s up, Henri! Thanks for writing in. I am also traveling to Croatia this summer. Can’t wait! Just so you know, Croatia is not a Schengen country, but as of 2013, they are EU – so you should be fine. You should definitly carry both your Canadian and your U.K. passport with you when coming to Europe. By law, when entering/exiting Canada, you must show your Canadian passport, but when entering Europe, it is best to show your U.K passport so you don’t have to deal with having a Schengen visa 90-day limit hanging over your head when entering Schengen countries. 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. Happy travels!
bernadette
July 3, 2017hey, but i’m already inside schengen now, it’s not possible at all for me to go around schengen?
Lindsey
July 3, 2017If your visa has expired, then no, you cannot travel around Schengen. A visa is set into place to tell a person how long they are allowed to be within a country/Schengen. If your visa has expired…this means you have no right to be in the country. You need to apply for a new visa in order to have the right to travel to other countries.
bernadette
June 30, 2017it’s indonesian passport, im planning to go to france from finland this september
Lindsey
July 2, 2017If your Au Pair visa has expired, you absolutly will need to re-apply for a Schengen Tourist Visa before you go traveling. However, if you are there right now on an expired visa, they might not grant you a new tourist visa and might tell you to leave right away and reapply from your home country. You need to actually apply for the Schengen Visa to be in Finland as well – since you just need 1 Schengen Visa to visit any of the countries, you can apply in Finland. You can apply here for the ‘Visit Visa (Tourism)“
Nima
July 2, 2017Hi Lindsey,
Thanks for your answer. Do they banned temporarily (like 1-3 years) or permanently? will they give this information at airport when he is leaving the europe or no?
Lindsey
July 2, 2017Bans can be anywhere from 3-5 years, and it makes it difficult to get a future visa, and also can hurt getting visas other places if they see someone has broken visa rules in other countries. When exiting the airport, they might give a ban or a fine…however, the most common cases are they will not say anything when you leave, but if you ever want to return, they could deny a future visa based on overstaying in the past.
bernadette
June 30, 2017hey, i live in finland now with an aupair visa but it got expired 🙁 and i havent leave the country.
i wanna ask is it possible for me to travel around schengen country (not going outside border) when my visa is already expired?
Lindsey
June 30, 2017Hi Bernadette! You didn’t mention what country your passport is from? This would make a big difference in your travel plans, because you might need a Schengen Tourist Visa to travel.
Nima
June 25, 2017Hi Lidnsey,
My friend was a researcher and had a 2 years contract to work in Spain. his residency card was expired 2 months before his contract (the card expired on 10 Feb, his contract ended on 7 April). he applied again for the permit of stay for the last 2 months but he couldn’t get it. after the last letter (that he recieved on 10 March) they told him that he has to leave spain in 3 months. he finished his work and now he stayed 1 month more than that 3 months (till now 25 June). now he is going to leave Spain to his country. Do you know what will happen to him? He has offer to work in other european country and he wants to back to europ. Is there any problem? how he can leave Spain to have less problem like to be baned or to not receive the visa for the future?
Lindsey
June 27, 2017Hi Nima! Thanks for your questions. Your friend should understand that he needs to leave when the visa ends – not when his work contract ends. Because he broke a more serious law when his visa ended – he was working illegally. Unfortunately, if they have given him a warning to leave within 3 months, and he did not follow those instructions, he will most likely have a difficult time getting a new work permit in another European country. This is because visa contracts usually ask if you’ve had previous visas in other EU countries – and they will check to see what happened. My advice is he needs to leave as soon as possible and not overstay longer – on his exit, he may get questioned, fined, or banned – but most likely, none of that will happen and the real issue will occur when he tries to reapply for a visa and they see he has overstayed. They could deny him a tourist or a work visa. This is the risk he has to take due to overstaying, unfortunately.
Fadilla
June 20, 2017Hey, Lindsey I come across ur site after searching about overstayed visa.
Long story short, I’m Indonesian, I came to Belgium with au pair visa for one year, in may 2016. In the middle of my au pair time, i leave my host family because they didn’t respect me, make me overworked without paying. So, since the end of July, I decided to living with my boyfriend while looking for another family. But because I’m 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, it’s 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. We waiting until February for that, but suddenly in the end of February they said we cannot married because of my visa already revoked, we asking what we must do after that, they city hall said they will send my visa case to immigration in Brussels to let them decided that I can stay and continue my married process or not. Luckily they immigration allow us to continue the process, in middle march, police come to our home and checked everything plus give us appointments for interviews on April, after interviews in April they told us to wait for result, after wait for another 2 months, they result came on 15 June and state they rejected our marriage plan because of my visa things. We still can have our right to reject their decisions and hire a lawyer. But my visa already expired since may2017, so I decided to going back to my country and officially married there and going back to Belgium again after married. The city hall just say okay when we decided like that, and give our documents back plus sponsorship letter for my tourists visa ( since I decided after married will directly going to Belgium again with my husband) and because the city hall said it’s better way than waiting for decisions again here. My question is is it okay for me to flying back to my country from Brussels again ( since I arrived in Brussels before) ? Or I should flying back from Netherlands or Germany?
And can my tourists visa will approve if i still using same passport?
I really scared now that they will reject me to get tourist visa or spouse visa if I get caught on airport and get ban to return to Belgium again.
Thank you
Lindsey
June 21, 2017Hello Fadilla! Thanks for your comment. What a story! Usually the main problem is not exiting the Schengen – it is when you apply for a future visa to re-enter. I think you should try flying out of either Brussels or Amsterdam (not Germany) – my suggestion is to have all of the papers proving you were waiting for authorities to process the visa – so they can see a timeline. It will be up to them if they want to sanction you for overstaying by 1 month, or just let you go – that is IF you get questioned. After you are married in your home country, you will need to apply for a spouse visa and most likely wait in your home country for this to be processed.
Fadilla
June 21, 2017Hey Lindsey, thank you for your reply, I was planning to going back from Brussels but some of people suggested to going back from another country is more safe since I overstay. I have all the paper that the city hall sent while waiting. But I’m planning to going back in 7 July since my fiancé holiday start from that date but the letter of rejection came in June.
Do you think I should apply for rejecting the decision and hire a lawyer since there’s still 3 weeks until I’m going back or just waiting and going in July?
The city hall just suggested me to come back with tourist visa again after married and apply the spouse visa in Belgium ( before they suggested me to came back to my country and came with tourists visa again if immigration told me I can’t stay but lucky on that time I still can stayed), do you think I should do like the city hall told me?
Thank you for ur suggestions,
Lindsey
June 21, 2017I would not trust what the city hall says, since they are not border control. If you are in the country without the right to be (without a visa), then you actually are legally required to leave, that is the whole point of having the visa. Technically, your visa has been rejected twice, and I am not sure if you are allowed to keep staying when they are rejecting. Technically, you should have left within 2 weeks of receiving your rejection letter, because on your exit if questioned why you waited an extra month to go home, and your answer is you waited until your fiance went on vacation, that will definitly not be a good enough excuse for them not to fine you this time. If you decide to come back on a tourist visa and you are already married to a Belgian citizen – within eight days of arrival in Belgium, you will need to register at your local Belgian town hall in order to be issued with a residence permit (F card). I honestly suggest calling your embassy and asking for advice on this specific case to make sure if you decide to stay and hire a lawyer to appeal – you are legally entitled to stay in the country. The last thing you want to do is get legal involved when you are not legally allowed to be there.
repinementer
June 19, 2017Hi, I am an indian national and have been living in Barcelona from 5 years. I was a student for 4 years and this year, I have been working. as you know I had to renew my NIE every year. My last NIE that was valid was expired on Jan 31st, 2017. Meanwhile I applied to renew my NIE with the student status but it has been rejected as I am working now. Again, we tried to apply for working visa but it was rejected again.Because the application should be made within 90 days of last NIE expiration date. It took long because of the student and working confusion created my HR and also because of the slow NIE process in Barcelona (often times the website where you make a NIE appointment doesn’t even work). So now, I have no legal documentation from Feb1st, 2017. Now, I need to leave Spain because I have a new job in the US. First, I am going to travel to India on July 31st, 2017 and then on August 31st, 2017 to the US. I am not sure, whether I can leave Spain with getting stopped at Barcelona Airport or getting fine. I booked my ticket using Emirates so that I can avoid Schengen/European gates. It would be so helpful if you have any suggestions regarding this. Looking forward to hear from you. thanks
Lindsey
June 20, 2017Hello! Thanks for taking the time to write in. For those curious NIE is the tax number in Spain – so my question is when did your student visa expire? Were you even allowed to work on a student visa? Was that at the same time as your NIE? If I understand…your application for a new visa was processing since February, and now it has been rejected. Usually this means you need to leave as soon as possible if you have no visa to stay in the country – and most importantly you cannot continue to work. I would honestly just explain the situation if you are questioned on exit. But be aware that this could actually effect future plans of returning to Europe – as they might reject tourist visas based on overstaying previously.
Fahim
June 18, 2017Hey Lyndsey
Thank you for your reply
Every year I apply for France and they give me 90days available during 1 years
For example my last visa was 90 days from 1 june 2016 until 31 may 2017 but I have stay almost 110 days so I overstay by 20 days
This month I have apply again and I get same 90 days available from 1 June 2017 until 31 may 2018
And I have change my passeport so I have a new passeport without any old visa and no stamp of the old travel
So I will not have any problem traveling this time entering France
Thank you very much for ur help
Lindsey
June 18, 2017Great to know. Like I said in my original post, I think you should be fine with your new visa. Just be mindful of the rules this time! I wish you the best of luck in your travels, Fahim ☺️
Fahim
June 17, 2017Hey Lindsey
Hope u are doing good
I have a small question I have write to u here before if u remember my name was fahim
I have overstay a visa from France in 2016 I stay there about 110 days
When I was leaving the shengen I exit from Spain and I was lucky they don’t scan my visa I think and I didn’t get any problem or fine just exit stamp with date
I have stay out of shengen 7 months
And I have apply this months for same visa to same embassy france and I got it for 1 year
My question is do I will have any problem when am going to enter shengen from France or there is no problem
Thank you very much
Lindsey
June 18, 2017Hey Fahim – What type of visa did you get for 1 year? Don’t confuse the validity of the tourist visa with the 90 days within 180 days rule. You still can only stay within Schengen for 90 days within a 6 month period of your 1 year visa. Also, you said you had to stay out of Schengen for 7 months – this is not true. If your visa is a tourist visa, you can stay 90 days in, then 90 days out…then 90 days in and again 90 days out (within a 365 day period).
As for having issues when you re-enter, there shouldn’t be an issue if they approved your newest visa. They may question you, however, if they notice your old stamps. Please make sure you pay attention and only stay 90 days within your visa this time.
Dana
June 14, 2017Hi Lindsey,
I was an au pair in Austria starting in December 2016 and I was told that applying for a visa would be possible from Austria, so I came over on a tourist visa, planning to apply for an au pair visa once I arrived. Long story short, I ended up switching host families and had to wait for a new employment paper and by the time we went to the authority in Austria I had overstayed my tourist visa and they said I had to apply from the U.S. I over stayed by about 3 weeks. So I flew back home to apply again. I flew out of Copenhagen, as I was with my host parents at their house in Sweden which is near the Copenhagen airport. Nobody fined me or said anything at the airport upon my exit. The lady who checked my passport briefly said “wait.. how long were you here?” and I just babbled that I started in Vienna but then was in Sweden for a few days and she let me through.. I am in the U.S now and have applied months ago for the visa and the Austrian authority is STILL processing it, but my flight is on Monday, June 19th and gets into Copenhagen on June 20th (not sure if this will make 90 days, because I landed in the U.S on March 22nd so it will either be 90 days or 89.. didn’t realize this when I booked the flight because I figured the visa would be through by now). I already paid to push my flight back once so I would really like to just enter again on a new tourist visa while I wait for the au pair visa to finish being processed… Do you think I’ll get any trouble going back into Denmark? Will they see on my passport that I overstayed my last tourist visa and deny me entry/ban me? Any thoughts would be greatly appreciated!
Lindsey
June 15, 2017Hey Dana! I love that name 😊. 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. 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). But I was actually not allowed to enter Sweden while my visa was pending…so you might not be allowed to enter Austria before you actually receive the visa. Also, it might be that you will have to leave Schengen (like fly to UK, Croatia, Turkey…) and then re-enter on the au pair visa. As for entering Denmark, hopefully you have been out of Schengen 3 months since your last overstay…otherwise they might not let you in. I would carry all your documentation with you for the Au Pair visa, and make sure you do not start working before your visa is processed – because that will be considered illegal on a tourist visa. Hope this helps! Feel free to email me privately if you want.
Sue
June 9, 2017Hi Lindsey,
My fiance and I are in a difficult situation. We are both US citizens and naively decided to move to Spain without properly researching the visa situation. I’m embarrassed to say that we thought the 90-day rule meant he would have to exit the Schengen area briefly and then be able to re-enter for another 3 months. As for me, I was previously a long-term resident in Germany so I thought I would be fine on my German permanent residency visa. Wrong on both counts, obviously! Now we are in the situation that he has already overstayed by around 10 days and my 90 days expires tomorrow. No idea what to do. We have rented a house in Spain, have our dogs that we brought over from the US, and no place to go in the States even if we did want to return (which we most certainly do not!). I’m also not sure about my situation in Germany. After leaving Germany and moving back to the States in 2012 I remained registered there at a friend’s address so I wouldn’t lose my permanent residency, although I fact I only spent a few weeks a year in Germany. Another benefit of staying registered in Germany was that I was able to keep the car I had from my time living in Germany registered and insured. 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. We visited an legal aid office in Spain who told us, after hearing the whole story, that if you manage to stay in Spain for 3 years illegally you can then apply for residency, which involves documenting that you’ve been in Spain the whole time through a paper trail of leases, bank statements, whatever. So my fiance is thinking that that sounds like an ok option but it sounds awful to me; I run a business and have clients in Europe and want everything to be on the up-and-up, not trying to hide and lay low for three years (which is why you’d think I’d have researched things beforehand!). Anyway, do you see any potential options for us? Should my fiance try to leave undetected and then apply for a student or other type of visa from elsewhere? If he left for 3 months, would he even be allowed back in since he already overstayed? And my situation is different I believe, or is it? Should I go to Germany and see what I can do from there? I should mention perhaps that we both entered Schengen via Lisbon. Anyway this is all very confusing, so any ideas you might have would be great! Thanks!!
Lindsey
June 10, 2017Hey Sue – Thanks for taking the time to write in. This sounds like a tricky situation. 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. That’s why Trump wants to build that wall 😐. And you absolutly do not want to stay illegal for 3 years. I wouldn’t trust a ‘legal aid’ that basically told you to do something illegal…such as over stay for 3 years. Yikes. Obviously resident visas are put in place for a reason, otherwise we’d all have our go at just randomly moving places, and it would be a big mess 😅. If you stayed on your tourist visas, you do not get access to healthcare benefits, bank accounts, pension, and could run the risk of being deported, fined, and banned from EU. This could be devastating if there was a medical emergency or you had to fly stateside on a whim. Not to scare you, of course, but those are all very real possibilities and the worst penalties. EU Parliment is also looking at getting rid of American’s free-visa program in Europe, which would mean you and your husband would have to re-apply for toursits visas. My advice for you is to leave the country as soon as possible and research methods of securing proper visas and apply outside of Spain. But visa options for Americans is studying, getting work sponsorship from a company, Here is a government website of Spain that gives you all the information. Also, you can visit my friends over at Expatica for information about opening a business in Spain. If you want to speak more, feel free to email me via my contacts tab.
Sue
June 10, 2017Hi Lindsey,
Thanks for your reply! No, I am not at all interested in staying somewhere illegally for 3 years or even any amount of time at all, which is why I’m trying to resolve this somehow. Much easier to do things properly from the start rather than try to fix them later, but still I have to do something now. I’m thinking my best option would be to go to Germany and apply for the EU Blue Card from there, which I definitely qualified for when I left in 2012 and probably would still be able to get since I’m still officially registered there. And that would allow me to live anywhere in the EU. In fact that would have been the right way around to do things – Germany first then Spain. Kicking myself for not realizing that earlier. But thanks for all the information; this has definitely helped to clarify my options. And I will check out the link about opening a business in Spain because I might want to get that going concurrently. You’re right, though it’s all quite tricky. Thanks so much for providing this space for people to work these kinds of things out because this is really an issue that people can easily panic over, as I’ve unfortunately learned. 🙂
Lindsey
June 12, 2017Thanks for the kind words, Sue! I was taking a look at the EU Blue Card, and it looks like there are some restrictions about it (for those of my readers who are curious). The main thing I see is that you need a binding job offer from a company in order to qualify for it. I’m not sure if self-employed can qualify. That’s definitly a great option for those in your position, and I wish you luck when applying. However, the issue right now is not that you overstayed (because you do have your resident visa for Germany) but your fiance’s tourist visa has expired – so the issue is with him, really. 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). That being said, it is best to make sure he exits Schengen zone and can look for his next moves to apply for the proper visa. If you have further questions, feel free to reach out more!
Marcela
June 4, 2017Hello
My name is Marcela, from Colombia.
In 2015 I was granted a marriage visa to Switzerland from January to May. But my boyfriend and I thought that date was the limit on which I could enter Switzerland and that once I arrived in the country they would give me 6 months to organize my marriage. In July I called and they explained me that unfortunately those 3 months on the visa were to organize my marriage and not an entry limit to Switzerland. Which means it was illegal in the country. I explained that we did a mistake that we thought I could stay for 6 months. She ask me to give a date for the wedding, but my boyfriend and I had already decided that we would not get married and that we would expect the 6 months to leave the country. I had bought tickets for 6 months in case to not get married to return to my country. I got a letter to my boyfriend’s address where they again asked for a date to get married. We did not tell anything, and we went on as if we were still planning to get married. A month before I leave, I called them And i said that we would not get married and ask the woman if there would be any problem leaving the country or wanting to return, she said no, that everything would be fine.
In September I left Switzerland and made a stop at the airport in Frankfurt (Germany) the agent interrogated me and asked for my stay permit, since he had noticed that I stayed for 6 months. I explained the situation and he told me that I was in Germany and that I had broken the rules of the country. But I still give the passport back without a stamp, when I realized I returned and asked him to put the stamp because i don’t wanted to have problems and it will be proof that I had left the territory. The man with a bad face put the stamp but cut the part where it said in which airport had been. 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. He didn’t take me anywhere or make me sign anything. I asked him if I wanted to go back to Europe, I could have problems and he said no. So I left. Since then a year and 9 months has passed. Now I want to go to Italy for two weeks and I’m terrified to be stopped.
Do you think I’ll have problems?
I’m sorry for my English.
Lindsey
June 4, 2017Hi Marcela. Thanks for explaining your issue. I think you should be fine – I see that Brazil gets a visa-free entry into Schengen for up to 90 days in a 6 month period. You were smart to get the exit stamp – and it doesn’t matter if it doesn’t say the airport. Hopefully you are not passing through Germany again, just in case. Also, please make sure you have your return flights printed for them to check if they have questions.
Rao
May 24, 2017Hi Lindsey
thanks for your prompt response. we have Netherlands visa and we exit from Italy… i was in Italy when my daughter was ill and that is the main reason we have not extend visas … anyhow there are some people who told me different ides to re-apply for the visa for example some people told me embassy do not have any record for entry or exit and we exit from another country mean Italy so just get new passport and re-apply for the vises .. what would you suggest ???
personally i do not want to do anything stupid so that is the main reason i am searching any good solution on the internet…
If the overstay are few days so might be visa officer understand and its approx 40 -45 days… that is the main concern … just last question if i get any good prof from Italy that my daughter was ill and is there any chance to get visas ???
At last thank you so very much for you reply and hope to hear from you soon.
Regards Rao
Lindsey
May 25, 2017Glad to help! This is correct that Schengen does not keep track of each other’s entries and exits. You can see my latest blog post here on that. However, your family has a Schengen visa with an expiration date for all of Schengen…not just Netherlands, so if your family has an exit stamp in their passport that is a date after their Schengen visa expired, that can cause an issue when you fill out new forms and they ask for that information. You have to understand a country’s main concern for people who overstay is that they are illegally working/living without paying taxes, or getting benefits without being in the system. It is risky to have illegal people – so that is why overstaying is not allowed and should be respected when granted a tourist visa. In your situation, you really needed to get permission to stay WHILE your daughter was sick, not after when the law had been broken. 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. Otherwise, you can also look into hiring an immigration lawyer. They might be able to guide you further. Good luck, Rao!
Rao
May 25, 2017Hi Lindsey
thanks for the reply. I have read your blog about SIS and observe that immigrating officer put deta on the information website or sofware if he caught someone overstay then the main problem starts….
our case is little bit different and I think our family passports don’t have record in sis …
if we get New passports with no entry/exit stamps so we can apply for the visa again and might be embassy did not invistage deeply ..what you think?
i know we have done a big mistake not to extend the visas of my family because I have to go back to Netherlands for extensions.
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? Please write me your thoughts and it might be last question from my side …
i advice everyone please don’t do these kind of stupid mistakes like we done….
Lindsey
May 25, 2017I wouldn’t say your problem is with SIS, since that is usually for criminal activity and not for overstaying visas. It was just explaining how it works. Your problem is that the family doesn’t have a legal excuse for breaking the visa. If you got new passports, then you are correct in saying they wouldn’t see the stamps, and this could make it better. However, on the visa application forms it might ask your flight details from previous trips or dates. You would be put in a tricky situation more on a moral basis potentially lying on official documents (not advisable!). 😣 If you are discovered to have lied, then they will absolutly deny you entry if they have reason to suspect. I would say that is the riskiest part of it all. My advice is to speak (anonymously) by phone or email with the Pakistan embassy in Netherlands, and of course if you are able to get the visas and all goes well, make sure that you are able to have everyone understand their visa rules, and looking into extensions if needed.
Rao
May 24, 2017Hi,
I have 2 year visa with 9o days entry and my family only had 15 days visa of Netherlands and my family overstayed approx. one and half month … we are from Pakistan and we are back to Pakistan few months ago.. luckily not get any fines or any stamp or ban from the immigration officer ……they haven’t checks the date of entry of my family passports might be that’s the main reason we did not face any problem or plenty….. the main reason for our staying is my daughter was ill and we have missed our flights and stay with my wife cousin house .
Now i want to visit again with my family can you please tell me any idea how can i re-apply for the visa of my family because i dont have any doctor record or any good reason for the embassy of overstaying in Europe… so please email me ….. and if you have any idea please let me know… Thanks….
Rao
Lindsey
May 24, 2017Hi Rao, thanks for stopping by with your question. What you should have done is for your family to apply for avisa extension due to an illness in the family, instead of overstaying. It is a good thing that border control never said anything to you when you left, but they might have it on record of the entry and exits – which could cause an issue when your family tries to re-apply for a short stay tourist schengen visa. Unfortunately, without taking pre-cautions by asking for an extension, this could negatively impact the decision for granting a new visa. My advice is to just re-apply and see what happens – and make sure to be truthful on the exits and entrances. If they deny you due to lack of proof for overstaying, there is not much you can do since the visa was overstayed willingly for such a long time. If you do get the new visa, please make sure to research extension possibilities so your family won’t be in the position of having to overstay. I wish you the best of luck, and let us know what happens.
Nella
May 19, 2017Hi Lindsey,
My boyfriend has overstayed his visa for a year (crazy I know!) He is looking to come back to the US ( he is a US citizen) but is worried about a fine or worst, jail time. We have read some crazy stories and don’t what to believe. Will he have any issues going home? Will he be allowed to ever come back into Europe?
Lindsey
May 23, 2017Hey Nella! Thanks for writing in. I am assuming you are from a Schengen country? Is he planning on leaving soon? He won’t be facing jail time for overstaying (of course, if he is caught working illegally, this is a different story). But you really don’t want him to get caught by the police while he is in the country and not leaving – then he will get deported, which is horrible because then it goes on your travel record for any country you enter anywhere on that passport. If he gets caught, it is better to get caught while leaving Schengen because they can’t deport when the person is at the airport on the way out. The worst is the can issue a fine and potentially give him an ‘exclusion’ period from entering Europe for 3 years or so. That’s really the worst case. I think he will be fine – but he will absolutly need to stay out of Schengen for 90 days. 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. If you want more help on that, you can always email me through my contact page.
Peter
May 17, 2017Hii Lindsey, I came to France with tourists visa and was stated multi, for 3 months i have to stay 1 month each in 3 months but I’ve stayed more than one month, now am in sweden and will be going back to Turkey where i have permanent stay, is there going to be a problem at the airport while leaving back to Turkey? My visa stated multi starting from 10th of March 2017 to 10th of June 2017 ;but i came to shengen zone on the 7th of April and hoping to be back to turkey on 10th of June the end of the visa! I need your advice. Thanks
Lindsey
May 23, 2017Hey Peter – do you hold a Turkish passport? Are you only allowed 30 days on your Schengen visa? If you are only allowed 30 days with a multi-entry within 90 days, this could definitly be an issue when you are leaving Sweden, since they have become quite strict due to immigration and asylum cases. But even if Swedish border control says nothing, when you re-apply for a visa, they may see you had overstayed your previous visa and it could lead to more difficulties being granted a new visa in the future. My advice would be to make sure you leave before June 10th, which is when your visa officially expires, and also be prepared if they ask you questions on exit. I wish you the best of luck!
Ali
May 10, 2017Hi Lindsey,
Good read. Just need some advice. Im a Paksitani national with a 90day Schengen Visa who came to spain and been overstaying for 3 months now as I lost my passport.
Im so stressed that maybe Police will arrest me when i request for a new Passport in the Embassy
Please advise. Appreciate
Lindsey
May 11, 2017Hi Ali – This is a tricky situation. The police would not necessarily arrest you, but they will most likely ask you to leave on your own free will once you get your passport, otherwise they will deport you. Unfortunately, there is not a lot of advice I can give because this must be dealt with through an embassy. This could have an effect on your status in the future for gaining Schengen visas for Europe. Best of luck.
John
May 9, 2017Hi Lindsey.
My wife (Irish) and I (Greek) are both EU nationals; however, our baby boy is a Canadian citizen. We stayed longer than three months in the Schengen Area. Do you think they will give us problems when we leave?
Your comments are much appreciated!
Lindsey
May 11, 2017Hey John! I don’t 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. I believe in this situation, they might give you information that your child will need to apply for dual citizenship (Greek or Irish) for future returns. Otherwise, you would need to apply for a schengen visa extension based on family before his tourist visa runs out on his passport. Here is the link for the Schengen extension for a family member of Ireland. They would have the same for Greece. Since you are responsible for the child and it’s passport rules, they could issue you a fine for not organizing this before hand. I hope everything works out for you smoothly! Feel free to update us if you learn any more on this situation.
Ali
May 8, 2017Hi Lindsey,
Just need some advice. Im a Paksitani national with 90day Schengen Visa who came to spain and been overstaying for 3 months now as I lost my passport.
Im so stressed that maybe Police will arrest me when i request for a new Passport.
Please advise.
Mukherjee f
May 8, 2017I visited Germany on business visa. It was for 22 days. I dd not check the number of days on the vsa and instead went by expiry date. I travelled 2 days before my visa expiry date and overstayed by 3 days. This got reported however my passport was stamped with ext date and there is thing mentioned on the PASSPRT. Can I trav back on business visa. It’s been 2 months since my last trqvel
Lindsey
May 8, 2017Hello! Hope you’re doing well. You should look into the rules of your visa type. Was it a single-entry or multi-entry visa? If you said the expiration date was 2 days BEFORE you left and you were only granted 22 days, that means it was most likely a single-entry visa, and you must apply for a new business visa. It could count against you if the country’s immigration board sees you had broken rules of your prior visa.
Andrew
May 6, 2017Hello Lindsey
I have a difficult situation, I hope you can give me some advice. I am an IT Professional from India, have 10+ years work experience in Dubai and India… I came to Germany in Schengen visa, and already over styaing for one month now. I am receiving a lot of job offers and interview calls now. Does this over stay will become a reason to reject my work visa application?.. Can I pay some fine and clear the over stay issues?.. waiting for your replies…Thanks in advance//
Lindsey
May 7, 2017Hi Andrew! Thanks for stopping by with your question. You should have applied for a Schengen visa extension before your current one expired. This could definitely be a reason to deny you a work permit if you are sticking around on an expired tourist visa. Coming to Europe to find jobs is legal, but overstaying could cause issues in the future. Companies will still have to go through the same process to bring you to Europe even if you are in India, so you will have to go home eventually because they need to send for you. You can’t just pay a fine and be done with it and stay longer. It will stay on your record and you have to carry the receipt around in your passport that you overstayed and payed the price. 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.
Fjord Andersson
May 4, 2017Hiya!
Great read here – I have another unique situation here I’m trying to find advice regarding, if it’s not too much trouble 🙂
I’m currently in my last month of my doctorate in Iceland, and I’m originally from the US (been living in Iceland on a student visa for almost three years). 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 I’ve been here studying and teaching while I waited to get my new permit. However, this took forever and I received no news regarding its status (despite my frequent calls and emails) – until last week. I was informed that my application was rejected due to a technicality in their system, and I had 15 days to leave the country and send them “proof” of my boarding pass, payment etc. Only then would they resubmit my application and allow me to re-enter to defend my dissertation.
So! Long story short, I asked where I could fly to, since while waiting here for my permit, I have technically overstayed by around 25 days. They informed me that it didn’t matter – so long as I sent my boarding pass. So I booked a flight to France to stay with my girlfriend for a couple weeks, and I’m super concerned that my overstay will be picked up somehow.
Relevant details: none of my flights to and from France between Iceland have ever involved a passport check on either side – at least in the three years I’ve been here. What would your thoughts and advice be? I’m concerned because checking into my flight still required me to input my American passport number. Also relevantly, I had to replace my passport about 6 weeks ago, so what I have is clean (like 4 stamps – two of which are to and from Boston about 4 weeks ago). Alsoalso, my 180 day tourist period would have technically started the day my last student visa expired, which would have gone until a few days ago – so technically I should be entering a new 180 day period.
Thanks a ton in advance!
Lindsey
May 5, 2017Hello! Thanks for writing in with your issue. Seems like this visa issue is happening all around Scandinavia. Students and workers getting denied and booted for uncontrollable technicalities even though they started a life. Basically, your ‘tourist’ visa does not automatically kick in once your ‘student visa’ expires. If you don’t re-enter on a tourist visa, you are technically traveling on an expired student visa. 😧 So, the correct way to do this exit Schengen (stopover in UK?), and then re-enter a Schengen country (like France) as a tourist. On a tourist visa for U.S., you automatically get 90 days in a 180 day period. You should not continue to be in Schengen on an expired student visa – it could be an easier target for border control to identify. I would also contact the U.S. Embassy in Iceland (anonymously) and ask. Hope this helps!
Anon traveler
April 28, 2017Hi Lindsey, I just wanted to make one correction, the SIS which is the system that flags passports doesn’t 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. Anyway, I overstayed my visa by 5 months, but I really wanna travel to Bulgaria and turkey. I’m hoping that the more new stamps I can get before reentering the schengen will make my passport less likely to be discovered. Do you have any tips about leaving or reentering on the sly?
Lindsey
April 28, 2017Hello! Thanks for writing in. This is true, which is why so many people escape. unscathed. However, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain all record entry and exits from their countries, so if you enter greece and then travel around europe for 4 months and come back to exit Greece…you will be more likely caught because Greece will assume you overstayed Greece by 1 month. Get it? So entering one and leaving another in a tip if you wind up in this issue. But there is no guarantee of going unnoticed. Safe travels!
Barton
April 25, 2017I am working in France currently and am leaving one week after my year-long work visa expires. Do you think I’ll have any problem?
Lindsey
April 25, 2017Hey Barton! Thanks for stopping by. Anyone who overstays their visa ‘might’ have a problem. Visas have rules, and you are kept on record for how long you are in the country – and any customs official can see this. You did not mention what passport you hold, but they might be a bit more strict in the future if you apply for a new work visa and see that you overstayed. However, if you are leaving France (and Schengen), it is way better to be on the way out of the country (as opposed to being caught by police while still living in the country). In the future definitely be careful to not repeat so you can stay on the legal side of things so you don’t have to worry! Hope this helps!
Conor
April 20, 2017Hi!
I have a bizarre situation that I thought maybe you could give me insight with. I am a U.S. citizen currently traveling in the Netherlands. Last summer I started an application for Irish citizenship through descent (my grandfather). The application was completed and turned in through the Boston Irish embassy in September and I was told it would take six months to be approved. With this in mind, I left the U.S. in December to begin traveling throughout Europe – first in France and then Belgium and now the Netherlands. While I have been traveling I have been completing online courses to finish my last semester of university. I am scheduled to graduate May 26th. I began planning my trip to return for graduation based upon the thinking that with my Irish citizenship, I would no longer have a problem staying more than 90 days in the Schengen zone. When I contacted the Irish Embassy in Boston in March, I was told that the application had been approved and that it would take a few weeks for the certificate to be sent in the mail. I thought that then I would be able to obtain my Irish passport and use it to return to the U.S. It ended up taking a month for the certificate to arrive (today). This means that I do have official proof of my status as an Irish citizen. However, I no longer will have enough time to obtain the Irish passport before my flight back to America on May 21st. As I will have overstayed the 90 days, I know that it will be an issue when I would leave. My flight is from Schipol but passes through Iceland, which means the customs control would be there I suppose. Do you have any insight?
Lindsey
April 29, 2017Hey Conor! Thanks for writing in. This does sound like a different situation. Unfortunately, if you are caught, even mentioning you “thought” you would get your Irish citizenship in time would not matter to the border control as a reason why you overstayed. I think you should change your ticket and leave before your 90 days are up to avoid any issues.
Roman
April 20, 2017Hi Lindsey!
I am a student in Barcelona and my student residency card expires 5 May. I am neither EU nor US/Canada citizen and I normally need a Schengen visa to travel for tourism purposes. I was planning to travel for 3 weeks after I complete my study. Do you know if I can “overstay” my residency card? Thank you!
Lindsey
April 29, 2017Hi Roman, thanks for stopping by 😀! You didn’t mention what passport you hold or the exact visa type, but you cannot stay in Europe on an expired student visa. Usually, you would have to apply for a tourist visa if you’re non-US/CA/AUS/NZ, but usually student visas (type D) are able to travel an extra 3 months as a tourist (as long as they get a Schengen exit stamp and travel to a non-schengen country before re-entering). However, you should speak with your school or an immigration advisor to see if you can submit an application for a short-stay uniform Schengen visa (category C). You might need to apply from your home country.
Reggie
April 19, 2017Hello Lindsey!
I am wondering if you have heard anything about Iceland being a good country to exit from if one has overstayed. Many people say France / Italy / Spain of course. Do you know is Iceland lax?
Thank you
Lindsey
April 29, 2017What’s up, Reggie! In general, I would stay away from the Scandinavian countries if you have overstayed. Due to refugee crisis, it’s been a bit tough and they definitely flip through your stamps and scan your passport. Not sure why other people recommended France…that country is a big no-no to try and leave from. Italy and Spain are the most lax. Have you thought about leaving from a non-Schengen country…as long as you don’t have a layover again in Schengen!
Torry
April 11, 2017Hello Friends.
Just happened today (April 11th .2017) when I was heading back home to USA exiting from Düsseldorf, Germany. I oversayed for 5 (total 95days) and officer asked me how long did I stay. He also asked me what is the reason to stay that long. I told him
i got married in Dusseldorf. (Got married and have 2 kids) I was so scared to meet the police officer at the security checkpoint cus I read all the Schengen visa rules. (90 days rules) I respect the laws they required and fortunately I have been luckiest person in the world. I would say law is law and be respectful when existing and entering to the country you are traveling. You should NOT say couple of days are fine when existing, NO it is not fine at all. You could get caught at the airport then you will have a BIG problems. I am seating at the airport and waiting for my flight back to US.
PLEASE PLEASE PLEASE, don’t you ever stay over the Schengen visa limit. You may passed the security check in even though you did stay over, but thinking to meet the guard at the airport will stress you down loke crazy. You will not enjoy your life till you get a stamp passing through guard. I would never ever do that again for a life.
Lindsey
April 29, 2017Torry, thank you SO much for writing this comment. It is so often that we only see questions, and never hear the stories of those who got caught or dodged the bullet by a hair. It is a really scary situation, and should not be taken lightly. That is why I am trying to help people avoid this situation by educating on visas available and consequences. Thank you again, and I hope you had a safe flight back home. 💗 //Lindsey
Christian
March 27, 2017Hello:
I’m U.S. citizen studying in Spain with a 180 days visa. I’m planning on overstaying for a few days. My visa expires on July 25th, 2017 and during July 15 until 20 I’ll be visiting Croatia. I wonder if the visa is somehow extended/renew with an extra 90 days after that visit to Croatia since that country doesn’t form part of the Schengen Zone yet.
Thank you in advance.
Lindsey
April 8, 2017Hey Christian, thanks for writing in. Once your type D visa (student) has expired, the EU rules do give you a right to stay for another 3 months following the expiry of your type D visa in other Schengen countries provided you have not traveled to another Schengen country in the previous 6 months.
With Croatia not in the Schengen zone, the rules do not apply – so you could stay in non-schengen countries for 3 months if you’d like. It’s when you enter back into Schengen countries when you need to pay attention. So, I think you should be fine 🙂 Happy travels!
Cheryl
March 5, 2017We are planning a 5 week trip in the spring. My son has been studying abroad and his 90 days will be ending when we arrive. We were planning on renting a car and going to several of the non “Schengen” countries like Montenegro, Albania, Croatia, etc. Can you tell me how crossing boarders by car will effect our trip. Since my son will be within the 180 days will we be able to move freely within those places.
Thank you for your help!
Lindsey
March 11, 2017Hi Cheryl – I replied to you via email! Just for those who are in Cheryl’s situation as well, my reply was simply that as long as her son does not enter back into Schengen zone once he leaves, there would be no risk for penalty.
Todd
February 21, 2017I’ve been in the Czech Republic since late October working on a film project. My employer applied for my visa January 4th as it was apparent I was staying beyond my 90days to complete the assignment. My contract is up March 4th and was planning to meet my two teenage daughters in Paris for a 10 day vacation before returning to the states. My problem is that my employer notified me that my visa is still being processed and they are unsure when or if it will get approved before my scheduled departure. My question is should I just continue with my plans with my daughters? Should I cancel trip? Or do I chance it? Can I travel in Schengen Zones without fear that I will be deported while I’m waiting for my visa? If I do, is it better to travel by train, or air? I do have the dated application stamp in my passbook does that weigh in my favor. FYI my return to US with my kids is Rome-Zurich-LA Any advice would be a big help.Thanks
Lindsey
February 26, 2017Hi Todd – was your work permit only valid for 90 days? If you came over on a tourist visa and was working for a European employer without switching the visa, that might be bad if you were to mention you working to any border guard.
Assuming your employer is trying to renew your work visa, you technically cannot leave the country until it is granted, because you have no right to be in Europe over 90 days if you do not have a residence/work permit allowing you to do so. Even though traveling around Schengen Zone means there are no border control, I still would be careful, or at least check with your local immigration office (anonymously!) to see if you are allowed to travel around Schengen freely while waiting for the visa. If you travel, I suggest going by air because there is no border control from Czech to Paris, and the only thing they ask for is your passport to confirm your identity at check-in. They will not look for stamps on exit of Czech or entry to France. If you go by train, they could heck to see if there is anyone else traveling from another country that the train passed through prior to entering Schengen. Best of luck!
rosa
January 31, 2017Hallo if i enter france by my American passport and stay in europ for two years or more is the punishment will be the same when i leave france to prevent me to enter Europe for 5 years or there will be something different.
Lindsey
February 26, 2017Hi Rosa,
Thanks for writing in. Yes, punishment will most likely be the same. You could get a fine, be deported, and banned from entering Europe for 5 years. The biggest punishment of all, however, is if you are banned or deported, this will effect your travels to other countries in the future. No one likes a person who has been deported or banned from countries because they might do it again. So be very careful. Have you tried looking into visas to stay in France for 2 years? I have linked to the French Embassy in the U.S. for information on what visas could apply to you. You will want to be legal if you are staying for that long for medical benefits or the right to work. Good luck!
Johnny
December 21, 2016Hello
I came to Europe from America on a tourist visa but found a job during my last week of my visa. I got the job and now I’m the process of doing all my paper work.
Lindsey
December 23, 2016That’s great! However, if you do not have the visa being processed and just paperwork is being filled, you might need to leave to make sure you do not overstay a tourist visa. I would consult with your embassy or the country’s migration board to see how long the visa will take to be processed.
Also, make sure you have not started working yet until your new visa/residence card has been granted.
Ally
December 13, 2016Hi Lindsey. I am currently waiting for my work visa in the Czech Republic to be processed. I was told by my employer that it would be processed in time for my trip to London for Christmas break. Well here we are 10 days before I leave and my work visa is not complete and I have overstayed my tourist visa for the schengen zone. Should I cancel my trip? Or if I get stopped by customs will I be okay if I explain that my work visa is pending?
Lindsey
December 13, 2016Hi Ally – This sounds like a tricky situation. 😕 You never mentioned what country you’re from? Did you come over on a tourist visa, and then got a job? Also, if you are waiting for a work visa, are you allowed to leave Czech? Does the company realize they are breaking laws by having you basically overstay your Schengen tourist visa?
I personally would not try and go to the UK, because you might not be let back into Schengen. I would stay right where you are and contact your embassy (anonymously) and explain the situation for official direction. In the future try not to purchase tickets until you’re SURE the paperwork is finished…and make sure your employee is sensitive to your own legality.
Jackie Loong
December 12, 2016Hey Lindsey thanks for replying! no i fly from Arlanda to Doha then to Singapore so no i wouldn’t be entering another Schengen countries. Im just worried that they will count my days at passport control when i get my stamp out of Sweden. I guess i cant do anything about it now seeings ive already booked my ticket out
Lindsey
December 12, 2016The VIS (visa information system) tracks it for them when they scan it, so they can see automatically.
I think you should be okay due to your citizenship and since you are on your way out of Schengen and it was only a couple days. It depends on the guard. Just play it cool and apologetic if questioned. Also, make sure you do not enter any schengen country for the next 90 days to clear your stay duration. And of course, next time be careful ☺️ Safe travels!
Jackie Loong
December 11, 2016Hey Lindsey Im Jackie from New Zealand i have a question, so im currently travelling in Europe and im leaving to go back on the 4th of Jan i just realised that i will be overstaying by 2 days. I fly out from scheduled to fly out from Stockholm Sweden on the 4th of Jan. I am so nervous to wether or not i will be fined
Lindsey
December 12, 2016Hi Jackie! Thanks for visiting! Scandinavia is definitely more risky to fly out of than perhaps the lower European Schengen countries. But honestly, if you’re flying out of Arlanda airport (Stockholm), there have been times they have never even checked my passport other than the check-in agent. Do you have a layover in another Schengen country?
fahim
December 11, 2016Hey again Lindsey my name is Fahim i have written to u a comment about my situation on 24th Nov 16 and u answer me ( Hi Fahim! I replied to your private email in response! ),i didn’t receive ur answer in my email
if u can answer again thanks a lot
Lindsey
December 11, 2016Hi Fahim, I have emailed you back twice. I am not sure why you are not receiving them. Please check your spam folders, or search your inbox for contact@everyoneinbetween.com
Jade
November 28, 2016Hi ! So mines a long story. But I’m from
New Zealand and have been travelling Europe, U.K. And Egypt for the past 5 months. I have been going between the U.K. And shengen area. However I have been in Spain for the past 7 weeks. New Zealand apparently has a bilateral visa agreement with certain countries, Spain included. Meaning I can travel in Spain for up to 3 months in a 6 month period, regardless to time spent in other shengen countries. If this rule is correct I am fine. But if not I have exceeded my time spent in the shengen area. 66 days in shengen area and 52 in Spain. I’m worried about when I leave to go back to New Zealand that I will get a big fine or a stamp. I can 100% not afford the fine, and the stamp would obviously be devastating. I was just wondering how likely it would be to get either if they see me as having over stayed for about one month. I know it will again depend on the person working. But I just want some peace and not be stressed before the flight. I depart from Amsterdam on the 2. Thanks again
Lindsey
November 29, 2016Hey Jade! I did a bit of research on your situation. So it seems that if you were granted and entered on a working holiday visa (not a tourist visa) then you are allowed 90/180 days in Spain & then you might need to leave schengen and re-enter on your tourist visa (which Kiwis don’t apply for, it just comes with the territory). So yes, you are allowed another 90 days in Schengen. So you should be fine.
According to Schengen Border Code:
Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.
fahim
November 24, 2016Comment: Hello, I travel to EU a lot with my wife she is Australian , am Moroccan citizen and living in united Arab emirates i have many visa from EU from different country in EU have got my last visa for 90 days available from 20th June 2016 until / 1st June 2017 from embassy of France in Dubai
and i have stay more than 90 days almost 110 days so its overstay visa by 20 days almost
when i was exiting to return to Dubai from EU i exit from Spain and i didn’t have any problem when i was exiting and i didn’t pay any fine just got stamp on my passport of date when i exit
i just want to know if someone have any idea about my situation for next time when i will apply do i will have any problem
thanks for the help
Lindsey
November 26, 2016Hi Fahim! I replied to your private email in response!
R. O. Wak
November 19, 2016Hello, I travel to EU a lot, I remember in July 2016, I took a plane from Dubai to Geneva and the border guy in Geneva told me: sorry sir I can’t allow you to enter Switzerland, you’ve exceeded your limits by 2 days!! I had no idea by then of 90/180, every single one in Dubai thought that I can spend 90 days in each trip!!! 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.
So, I need to travel to EU again, I didn’t apply for another visa, simply I’m scared to do that, any advice from your side?
Lindsey
November 19, 2016Thanks so much for writing in!
How often are you coming and going from EU? Is it for business or vacation? Did you get a Schengen visa for a certain amount of time? Was the visa a multi-entry visa within a period of time, or just single entry? You can only spend 90 days in Schengen each trip total within an 180 period if your visa allows you to do so.
Also, were you deported from Switzerland? Did they give you a ban from entering Europe? If yes, you need to abide by the rules they gave you, or seek advice form a lawyer that can help your case.
R. O. Wak
November 19, 2016Thanks a lot for your prompt response.
I was a student in Geneva for almost 3 years, I left Switzerland in October 2015 and I start working with a Swiss company based in Dubai a month after that, in December 2015 the company asked me to travel to Geneva to follow up with the company head office, so I applied for a tourist multi-entry visa.
The visa center (all the visas application must go to one big center here) told me “you can get 90 days in each visit” Ouch!! I believed them, so I went to Geneva for 7 times this year (average staying 20 days) the problem happened in July this year.
The Swiss border gave me a letter, the reason was: I’ve stayed more than 90 days, nothing more than that. they didn’t answer my question when my next trip will be available.
Lindsey
November 20, 2016I see Emirate citizens are now part of the visa waiver program for Schengen. So the multiple-entry visa allows its holder to go in and out of the Schengen country as pleased. 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).
So, if you made 4 trips within 6 months and for 20 days each trip, that means you surpassed to 90 day rule of your visa – because it pauses each time you come/go within 6 months. I think if you are going there for business, your company needs to get you a multi-entry visa for 90 days or more. You can also speak with the Swiss consulate to see what options are available, and what happens if you were not let in prior. In my personal opinion, you never received any information of you being banned or fined, so you should be fine to apply for a new visa. Just make sure it is the correct one and you follow the 90/180 day rules!
Swiss Embassy, Dubai: +971 2 627 46 36
adh.visa@eda.admin.ch
Once Bitten
November 11, 2016back in December 2010 I overstayed in the netherlands by 7 months. When we passed through passport control on the way out of Schiphol I was caught.
The penalty was a complete ban on entry to the EU for 5 years.
Be warned people, and I am an older guy 55 at the time and very normal looking. So it can happen to anyone.
Lindsey
November 12, 2016Thanks for sharing! I feel like there are not enough people sharing their stories of being caught! It is definitely a risky things to do to overstay a visa.
Dani
June 28, 2016Hi! 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.
So as far as I know and everything Ive read including EU rules I did NOT overstayed by staying 90 days after my residence permit expired, (I have EU oficial sources that confirms this). 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.
My question is, because she was convinced I overstayed for 10 months and seemed to have mercy by just letting me pass without making me sign any document or paying a fine or putting a banned stamp in my passport, I still dont know How can I be sure she didnt flagged me on the system¿ I mean on her computer¿
I really try to remember if she scanned my passport or not, Im almost sure she did not but than again Im not really sure how and where officers do this, if they do it like a credit card ¿
Now Im going back to Europe, through Spain AGAIN and Im a bit scared that Ill be flagged in the system unfairly or that I would wake to much questions because i have already a lot of entry and exit stamps from UK, Sweden and Spain..
My porpuse of retourning is to get married with my swedish boyfriend, it is legal for me to do this under a tourist visa but I think it will not be a good idea to tell this to the officer so Ill just say Im going as a tourist and have a retourn ticket to Brazil even if Ill not use it just to prove Im leaving Europe.
My plain is in 3 weeks so Im getting super super paranoid .. specially cause its my only shot to marry my boyfriend who I love so much and apply to a residence permit and stay legally and do things legally as Ive always done. ANY advise¿¿¿
Lindsey
July 6, 2016Hi Dani! Good job on doing everything legally. The agent in Spain probably did not have the time to actually do the calculations in her head. Right now there are a lot of issues with immigration in Europe, so agents are quick to assume. If she did not give you a fine or a special stamp (usually they are triangles), there is nothing that would have flagged you.
If you are coming for your Swedish boyfriend, you should actually apply for the Sambo visa (having done this myself and now I am living in Sweden.) This is the legal way of doing this. Sweden is very strict these days about who is immigrating here. Once you are married, you are not just given a visa to stay and work. This needs to be applied for beforehand and you need to wait. Here is a helpful link from the immigration board about how to move to someone in Sweden to get married.
I strongly advise you to follow the instructions of the visa processes before coming over to try and get married on your tourist visa. Because if you don’t apply for the visa, you cannot stay after your 90 days are up even if you are married. Let me know if you have anymore questions!
Jessi
June 2, 2016Hi, I’m in Spain and working on nationality based on the new law passed 2015 for Sephardic people.
I entered Dec. 11 and was due to return to US (US passport holder) and of course I fell in love with Spain, so I’m still here. I did ask for an extension called proroga and was approved for the last 3 months; which ends June 8. I would like to travel to Israel for a week for leaving June 6, 1 day before my 180 day reset. But I want to return to Spain a week later. Will I be able to return–does Spain system calculate days… If I can leave and return, I’m hoping the clock resets for a new 90 day stay. The police I asked don’t seem to know. The other thing is if I stay passed the 8th of June, I’m set to finalize nationality in July. Would they catch me overstaying? My attorney said not to worry about it, stay and if I get caught overstaying I can say I’m getting ready to recieve nationality. I know i’m probably freaking out, but I’m with 6 children too!
Lindsey
June 6, 2016Hey Jessi, thanks for writing in! Your case is different due to your granted extension and your awaiting nationality. 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. Here is how the typical law works: All Schengen countries calculate nonconsecutive days IN within an 180 period. So once you leave, the counter stops at wherever you are within your 90 days IN. From the day it stops, you need to be OUT for 90 days before you come back IN. This would be within an 180 day period.
I think something to keep in mind, is if your 3-month extension was for touristic purposes? And how does that effect the 90 days in, 90 days out law of Schengen? Does that extra 90 days extension cancel the 90 days out rule, so you can return for another 90 days when 180 days are up? Because you received an extension, they might notice it more than the average tourist when you leave. So it could actually draw attention to your situation. Then again, I would listen to your lawyer if they are knowledgeable about this situation. Whether you get caught or not really depends on the border control agent and if they are familiar with the extension rules and Schengen law. If the 3-month extension had 0 effect on the 90 days in, 90 days out rule – I would say you are clear to travel out and travel back in.
Anonymous
March 21, 2015hello i have an official schengen visa wich i was allowed to use it for 7 days but i stayed longer in europe .
i wanna go back to my home country cause im together with a swedish girl now and i need to go back to apply for another visum
im going to travel from copenhagen airport but i would like to know am i going to have any trouble or are they going to fined me or make me an prohibiton to travel in schengen states,thanks.
Lindsey
July 20, 2014Yes, you must stay out for 90 days. The problem is they CAN enforce it, and you might be the unlucky one. But you do not have to return to the USA right away. You can go to UK, Turkey…anywhere besides the Schengen.
Lindsey
July 20, 2014Hello! If you overstay your Schengen visa, do not freak out (If you are from US, Canada, Australia). Just do not leave the Schengen zone through countries like Austria, Germany, France, etc. Try to exit the Schengen zone from Italy or Spain, and do not plan on coming back within a 6 month period.
What I always did:
Fly from Greece –> Italy or Spain –> USA
The passport control does not look at your passport when flying in Schengen countries-only the people checking you in for your flight for ID purposes. However, make sure you never have a layover in a non-Schengen zone country (Like Serbia, UK, etc) when flying between Schengen countries.
pelen
December 9, 2013Guys here is an idea. Go to the u.k( you get 6 months) . Then arrange a bus / coach journey to France from Dover to Calais ( using sea France ) .They is no passport control at all when you enter France and retun to the u.k in the same way before your 6 month ends. uk border agency inspects your passport when you return( at Calais ) if uk border agency asks you tell them , you left the uk for a day trip.no one will know when you leave the uk and enter France . If you still wish to go the schengen area you plan another trip.
Tanisha
March 7, 2016HI.
So I’m in Italy on a tourist visa, which ended January 24th but I took a plane a week before the end of my 90 days to London to receive a stamp and took a train back into Italy, where I did not receive another entry stamp…so “technically” I’m still in London, out of the Schengen area, until my 90 days are up, again. In my mind, this sounded like a super solid plan but not that I have only a month until I have to reconfigure things, I’m a litttlleeee nervous haha. Should I be freaking out about potentially going back to London for an exit stamp or just stay in Italy. ALso, I feel slightly trapped in Italy, which is absolutely ridiculous, I know, because HELLLO, it’s Italy but I also want to see everything else. I’m too scared to get on a plane or anything.
Any suggestions to ease my nerves? Much appreciated.
Lindsey
March 14, 2016Hey Tanisha,
Take a deep breath 🙂 That is strange UK never stamped your exit. If you enter back into UK, don’t go by plane. If you go by train, they might not check you again…but they might because they are pretty strict on entrance stamps. I suggest leaving via Italy. You have proof that you left Schengen, and it would be UK’s error for not stamping you, which can easily be explained if questioned. The thing is, no one wants to actually overstay their visa, so it is important to think about realistic options and eventually leaving before racking up too much overstayed time. You basically only need to be out of Schengen 3 months, and you can return again. Just consider having a long distance for 3 month with you bf, or have him come visit you.
C. R. Matheny
September 12, 2013Hello:
I'm a U.S. citizen who made an honest but potentially-costly mistake. I entered the Schengen Area on April 23rd, left for about six weeks to the U.S and UK on May 15th (22 days in Schengen so far), then entered from the Schengen area again on June 29th and plan to leave out of Berlin on September 26th (an additional 90 days). That's 112 Schengen days of the past 180, which is definitely an overstay. I didn't do this intentionally; I thought the same stupid thing a lot of Americans who don't do research before traveling think, that “the clock will reset when I leave and re-enter.” Not so, it's 90 NON-CONSECUTIVE DAYS WITHIN THE PAST 180 DAYS. I'm clearly in violation.
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).
I know the consequences range (with cruel randomness, I read) from nothing at all to a fine of 1200 euros and a re-entry ban of one year to life. 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. 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. I know, I know — it all depends on the agent you get, the mood they're in, how suspicious you look, etc., and I'm not asking for a fortune teller reading. Just some advice on which of these options makes the most sense to you.
The options I can afford right now are:
1) Fly out of Tegel to NYC as planned
—- Risks as outlined above.
2) Change flights by flying from Tegel to London and from London to NYC.
Pro — The advantage would be that EU –> UK flights tend to get less scrutiny, is that the case and would it work to my advantage?
Con — My main concern here is that supposedly the UK officials can and will send people back to Germany for a Schengen overstay, from which I'd be deported at my eventual expense to the U.S. Is that a significant enough risk to nix this option?
3) Change flights by flying from Prague or Warsaw to NYC.
Pro — I've heard Polish and Czech officials are lax and that I'd have good odds of getting out.
Con — …maybe not, maybe a waste of money and not much better odds than leaving from Berlin?
4) …any other options you can think of that won't involve crazy schemes like taking a boat to Albania? 🙂
My main goal here is to be able to re-enter Europe legally and reliably, as I have a lot of personal and business connections over here that are very important to me. Even if I make it out without a fine, is it possible or likely that I'll be denied entrance on revisiting in, say, a few months' time? Or a year? Even after going through all of this worry?
One last question: any advice for talking to the customs official to explain my situation? I've heard they can be pitiless, especially in Germany. I do know a bit of German, so that could be helpful. But any advice on how to present myself and my situation would be appreciated.
Thanks a lot for reading my sob story. Best wishes,
-Carlos the American
Thurston
February 3, 2016Hey, I have a very similar story to yours. I am an American who will be overstaying my schengen visa by about a month. I am currently living in Germany with my girlfriend. I am very curious to know how your story ended. I know it was a few years ago but I would really appreciate it. Thanks
Cheating Through Europe
February 3, 2016Hey Thurston!
My story ended with me eventually getting a residence permit in Sweden based off my boyfriend’s citizenship. They offer this in some countries, but I don’t think Germany is one of them. (Booo).
I have always recommended to avoid exiting from Germany/Austria/Switz if you have overstayed. And now, with the refugee crisis, I know they are a bit stricter with their borders. I went through there this past Xmas and it was a nightmare at the control and they thumbed through my pages.
It depends where you have been during your 90 days. Was Germany your 1st point of Schengen entry where you got stamped? If so, I would try to exit through a southern country (Spain, Italy, Greece).
A couple times I flew out of France and they drilled me, even when I had an EU residence card.
So just be a bit prepared and know what you are going to say when asked about your reason for being in Europe. But since you are leaving, it shouldn’t be an issue. It is when you are caught not leaving…
Tanisha
March 7, 2016Hi,
So I’m in a very similar situation, as well and I’d love to know a little more about applying or receiving a residence permit. I’m currently living in Milan, Italy as an Au pair with a family but I also have an Italian boyfriend. I have no desire to leave Italy or him, for that matter! I’m only here on a tourist visa. I’d love more than anything, any kind of suggestions or help!
Thank youuuuu
Lindsey
March 14, 2016Hey again! I am not sure what your nationality is, but if you are American, I would suggest seeing your options for being a student. An Au Pair is great, but can be looked at as illegal work. You need to be studying at the same time to legally be there longer than 90 days. This is a link you might find helpful. It is the Italian Embassy in U.S. with different visas that are optional: http://vistoperitalia.esteri.it/home/en
Feel free to contact me privately if you’d like here
Lindsey
November 12, 2016Hey Carlos! I sent you an email 😀
Katie Bird
September 5, 2013I have a question to which you may or may not know the answer. I am a US citizen who has overstayed the 90 visa in Italy. If I go back to the US (the way you suggest here), do I REALLY have to wait 90 days before I return to the Schengen region? Is this rule really enforced? Can they tell how long I have been home/ do they really check for that?
MursBlanc
October 14, 2010okay. you seem to have a lot of info. I have been in Europe for 2 1/2 years. just on my tourist visa.. obviously I'm in trouble. My question is- do you have any tips for me? Should I Deal with it when I leave- or do I turn myself in? Also I've been advised to leave through France. any help you can give me… PLEASE help!! Also- I want to come back.. in 3 months. Are there any safe ways to get back in.. say if I've been banned via boat.. etc?
BongsRips&BlogHits
August 27, 2010have you done it yourself???…im currently traveling europe for 6 months…but it wasnt until i got here that i heard about the 90 day rule!…i thought it was 90 days per country…so at the moment i feel like im fucked!!…although im thinkin of just doin my trip as planned and say screw the "law"…tho it might bite me in the ass later…
You. Me. Everyone In between.
February 19, 2009haha!! You should get one, dear! Now you need one even if you wanna take a day trip to our neighbors up North
Kaeli
February 18, 2009all this talk about visas…i dont even have a passport!