Schengen Visa Overstay Info

Schengen Visa Overstay Info

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Before I even arrived in Europe I was confused by the Schengen Zone and found that visa information was not very clear – it’ s really hard to figure out what will determine a Schengen Visa Overstay. It wasn’t until a few weeks into my trip that I realised I had a ninety day cap on my time for all the countries in the Schengen Zone (this was slightly complicated by the fact I’m a New Zealander). The plenties for overstaying in the Schengen Zone can vary from a proverbial slap on the wrist to being banned from the region for a few years – neither are particularly tempting, so it’s a good idea that you understand where you stand before you arrive.

What is The Schengen Zone?
Don’t mistake the EU for being the Schengen Area – although there are a number of overlaps, they are two different things. At present there are 26 countries  in the Schengen Zone including France, Italy, Germany, Switzerland, Poland, Spain and Greece. If you’re interested in the full list of Schengen members, you can find the current list here. Where travel is concerned, these countries are essentially one giant country. The benefit of this means that there are no borders and you can travel freely between each. However, on a recent trip to Berlin from Prague the bus I was traveling on was pulled aside and everyone’s passports were checked by intimidating German Police (December 2011) – this is the exception though.

What Does This Mean For Travel in The Schengen Zone?
It means that your time within the Schengen Zone will be counted for all of the countries within it, making it very easy to accidentally have a Schengen visa overstay. If you are a citizen from one of the countries that have a visa free agreement with the Schengen Zone (current list here) then you will be entitled to travel throughout this area, without visa, for a total of ninety days within every 180 days. The only exception to this is New Zealand nationals which will be discussed further below.

This is where it gets a little confusing. Let’s say, for example, that you have a trip around Europe planned. You want to visit France and Spain for a total of two months, then you’re going to spend two weeks in England (not Schengen) before you plan to spend six weeks in Greece. You can’t do this without a visa, because you will be overstaying the 90/180 day limit. If you spend ninety days traveling around the Schengen region and then fly to Turkey you’ll have to wait ninety days before you can reenter the Schengen Zone.

New Zealand citizens are lucky, they are entitled to travel visa free for a total of 90 days out of 180 in each of seventeen Schengen countries provided that they don’t cross into a country not included on this list. This is due to bilateral visa waiver agreements that were signed before the individual countries joined the Schengen region. This means, in theory, New Zealand citizens could travel around these 17 countries for a total of just over four years before they would require a visa, making it much easier for New Zealanders to avoid a Schengen visa overstay. However, because your passport is rarely stamped when you exit a country within Schengen it’s important that you keep some informal evidence of your movement incase this is an issue at the border when you eventually do leave.

How Can I Stay Longer?
You’ll need to apply for a visa – this can be done at an embassy outside the Schengen Area in advance. As I decided to stay within the Czech Republic for longer than the allowed three months, I filed for a Working Holiday Visa – allowing me a year within the Czech Republic and free movement around the Schengen area too. I applied for my visa so that it would start when my ninety days from my visa free entry would lapse – providing me with a total of approximately 15 months within the Schengen Area. I traveled to Berlin, Germany in order to apply for it and again to collect it. It is a best idea to apply for a visa for the country you intend to start your trip in or the country you plan to spend the most time in. Contact a relevant embassy for more information on your particular circumstance.

What Happens If I Overstay My Schengen Visa?
This is really at the discretion of the customs officer inspecting your passport. You could slip by without so much as a warning, or you could receive a substantial fine and even be banned from the Schengen Zone for a number of years. If you don’t fancy being banned  (from one year ban right up to a life ban), or paying in excess of 700 Euros, then it’s best to apply for a longer visa so that you can avoid a Schengen visa overstay. Do NOT leave your visa application until after you are already an overstayer – this will not go down well. It is very likely that your passport and stay length will be checked when you depart from the Schengen area but there are also incidental checks, such as if you are stopped by a police officer or involved in a car crash. You may slip through without warning or care, but you could be pulled aside when you return into the Schengen Zone next. Because the Schengen Zone encompasses such a large area and number of countries, finding yourself unable to reenter will certainly dampen any future travel plans.

Have you ever dealt with a Schengen Visa Overstay? Let us know what happened in the comments below:

73 Comments

  • Dan says:

    Good tips Izy! Overstaying in Europe is something I’d never really considered. It seems like a place you could just hang out for awhile, no problem.

    Looks like you’ve got a cool thing going here, I’ll keep reading!

    Dan

    • Izy Berry says:

      I am too chicken to overstay somewhere, though I considered using the NZ bilateral agreement to my advantage… Thanks for your kind comments. Giving Vicariously is an awesome name for a site, I want to do more volunteer work this year. If you’re interested I have a post on how to volunteer overseas and would love any feedback you might have :-) All the best!

    • Sebastian says:

      you cannot have just one visa to visit every where in the world. Whether you need a visa for any paacutilrr country depends upon your nationality those countries that do require a visa for you will expect you to apply personnally through one of their embassies (and pay quite a lot for some countries) you can apply through any embassy of the country you wish to visit so that you have the visa when you try to cross their border. the type of visa required would depend a lot on what you intended to do in the country like just travel or work or be a student.

  • ishan says:

    what is the next country is included for schengen list

  • Rosa says:

    You can stay as long as you want in Spain… they just don’t care.

    • Sarah says:

      Rosa- can you tell me more about Spain’s relaxed Vida policy? Is this well known (from personal experience) or just a rumor/exaggeration? I’m heading there in January and I want to stay for 6 months and I’m afraid I’ll have trouble getting a student visa (I’m American). So I’m curious how strict they are about overstaying?

      • Stephen says:

        I just got through border patrol in Malaga without so much as a glance. They stamped my passport and sent me on through. I came here on a schengen visa from the US and stayed for a little over 6 months consecutively here in Spain. No problems, wonder if I’ll come across any next time I try to come back in.

    • Chanda lama says:

      Can i stay in spain hiding from government n work there??

  • Hannah says:

    Sarah, did you find out any more information of overstaying in Spain and the officials not caring? I am in Spain right now and am thinking of staying longer than the 3 months, but don´t want to be fined/banned.

    • Sarah says:

      Hannah- I’m here in Spain now and I never got the visa. By the time I leave I will of been here for 6 months. Hopefully there is no issue!

      • Emily says:

        Sarah- I’m in the exact same boat, I tried to get my visa in the states but the my consulate never communicated with me and was 10 hours away! Have you learned anything in particular about Spain??

        • Emily in Spain says:

          I’m in Spain too. Just wondering what happened with you guys. I’m thinking about going to the consulate and trying to get the visa while I’m here…Not sure how it works or if it’s that big of a deal. When I do go home to US, which I never really want to do, after being here. I will be leaving through Madrid.

          Can anyone tell me what happened?

  • Teresa says:

    Hi there! Just wondering if anybody would be able to give me a bit of advice – I have just entered the UK after staying 11 weeks in France studying French on a 90 day student visa, and I plan to return into Lyon just 2 days before my 90 day visa expires, trchnically there isn’t any reason for them to refuse my entry is there, seeing as my visa hasn’t expired yet?

  • malikptc2 says:

    Hello i come in Spain for my holidays i have valid student visa in UK. But i am over stay in Spain now more then one month .m i allowed to go back in UK with out any problum?

  • Stephen says:

    Well I’m here in Spain and have overstayed 3 months, my ticket is for Dec 6th and i’m flying out of Malaga, so I’ll see first hand how relaxed they are. I’m also an american.I’m here wwoofing, though, so maybe that will help me if i get questioned

    • Skye says:

      Hey Stephen!!

      Can you give us an update? How did you go getting out of Spain after overstaying??

      • Izy Berry says:

        Hey Skye, Stephen posted again in December

        “I just got through border patrol in Malaga without so much as a glance. They stamped my passport and sent me on through. I came here on a schengen visa from the US and stayed for a little over 6 months consecutively here in Spain. No problems, wonder if I’ll come across any next time I try to come back in.”

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  • melody says:

    hi Sarah, I would appreciate your valuable advice.
    I have stayed already 71days in Switzerland, Belgium and spain. I am only few weeks in spain and would still like to see Portugal.
    I think I may pass the 90days dateline. let me know what is your advice. I am from hongkong and do not like to make the long flight back before I see Portugal.

    await your reply. thank you.

  • blake says:

    Hi, I am currently in France from the US and my flight back to the states is booked out of Prague about a month after the 90 days expire. Does anyone know if Czech Republic is strict when you leave?Also, will they check my passport (initial entry) if I travel between countries by train after the 90 days? Any info helps!

    • Izy Berry says:

      Hmm I can’t comment on the overstaying as when I was in the Czech Republic I applied for a working holiday visa so didn’t have any problems. Regarding travel by land (train) I only had problems between the borders of Czech Republic and Germany. Both times my passport was checked on the plane. Everywhere else, (Spain, Portugal, France, Austria, Hungary – I’ve had no problems). If you’re worried, I’d avoid Germany after the 90 days.

  • Mark IbeeeZa! says:

    Spain is a very confusing place… just trying to get a NIE to start s business took 60 days… Wrong office, wrong forms, 10 business day wait for a simple piece of paper… We arrived via FRANKFURT and had no issue… came right in. We were here less than 180 days ago for a period of 12 days… Nothing of the ordinary at Frankfurt. Flew from Frankfurt to Barcelona about a week later… As mentioned earlier, you can travel freely throughout the EU – no borders. The ticket attendant looked at the passport, but seem to be looking through it checking to make it was “real”. Arrived at Barcelona… no immigration check… We purposely try to find an immigration officer to get our passport stamped… No luck. Anyway, we will officially be overstaying as of the end of May. We have signed a lease for our piso/flat/apartment for 3 years… We did the empadronamiento with the City of Barcelona. No issue. In fact, the clerk when I asked him about Visa and residency… He said “As far as SPAIN is concerned, you will be fine… Nothing to worry about. So I would say do the empadronamiento as soon as possible if you plan on staying in Spain for a considerable amount of time. The empadronamiento is basically a census registration. I will try to keep this updated as much as possible. Planning a trip to Morocco later this year.. Let’s see if we get back in… If not, you guys can keep everything in our apartment. LOL

    • Richard says:

      Hi Mark IbeeZA,
      Read your comments about going to the ” the empadronamiento” census bureau , I am now in Spain and almost over the 90 days period , I am US citizen, can I still go to the census bureau and get the NIE to get setup and incorporate here in Spain .

      Or is it too late !

      Thanks, Richard

  • Nathan Woolford says:

    hey there, my partner and I are from New Zealand and are just wondering if the 90 day rule in each country still exists as I heard there may have been a rule change in 2013?? and am finding it hard to find information on the internet, also we are traveling by camper so would be hard for us to collect evidence to prove we hadn’t over stayed in any countries….. any advice would be great we really plan to do a 6 month trip :) fingers crossed

  • Izy Berry says:

    Hi Janeene,

    I’m so sorry but I’m not on boarder control, so your guess is really as good as mine. I think if I were you, I’d probably try to go to a more relaxed airport… Spain and Greece, for example, have a reputation for being very relaxed about that kind of thing. I suppose it just depends on their mood. Good luck! Please let me know how you get on.

  • Nick says:

    I found your site very helpful (ok, at the time I read it I was freaking out a bit . . maybe a lot . . .). I have been working for a Spanish company in Spain on a US tourist VISA. I was relying on the lawyers at the firm in Spain to arrange all the necessary VISA paperwork. They assured me that I could stay 90 days at a time but that I would need a work permit after 6 months.

    I finally got to doing my own research about work permits after about 115 days staying in Spain in the past 5 months, and my flight out was on day 124. Both the american and spanish embassies told me it probably wouldn’t be a problem, but that it all depends on which customs officer you talk to. That left 9 days of serious anxiety. I got stamped without question, but carried all of the contracts and visa-in-progress documentation just to be safe.

    The company wants me back already and tells me it won’t be a problem for me to re-enter. They’re probably right, but I’m not keen on breaking international law. Some have also mentioned that health-care coverage is not in effect when traveling illegally. And if I want to have a future in Spain, it wouldn’t be a good idea to start my record out with a deportation.

    Best of luck and safe travels to all.

    • Teeny says:

      Nick! I’m in exactly the same boat. Please, PLEASE let me know how this works out for you. I leave in about a month and I can definitely relate to the anxiety you’re suffering

      • Melissa says:

        My daughter is headed to Spain to volunteer for 4 months. She had no problem getting on the plane without a visa (we were told she didn’t need one). Her friend had to change her flight to leave Spain within 90 days. The airport personnel told her friend that my daughter would probably be deported as soon as she got to Spain since she doesn’t have a visa. They were flying from 2 places. Has anyone heard of this? How does anyone know if she will spend the full 90 days in Spain. She was planning on going to the UK for the weekend per the instructions of where she was headed. I am freaking out!!! I didn’t think she had to have a visa no matter when her return ticket is.

  • pluv says:

    I am an american overstaying by about 2-3 days. I have started a company in Spain and have to stay. Work visa is out of the question but i hope to have a long stay ( 1 year) student visa in the next 6 weeks or so. I have heard that one can smuggle his or her self in through the UK on the ferry without so much as a stamp. I am headed to UK tomorrow to give it a try. Any leads or knowledge on the subject??

    • Izy Berry says:

      Hi Pluv, I actually have no idea. On the ferry to the UK I got questioned at the border control and they placed a stamp in my passport. I can’t remember how it was on the way out. I think if it’s 2-3 days you should be fine. Please let me know how you got on!

  • Emma says:

    Just checking, does this mean I can spend 70 or so days in Greece, then 90 days in Italy then 90 in Switzerland etc etc etc? I’m a kiwi

    • Izy Berry says:

      Hi Emma,

      That’s the impression I’m under, however it might be better to get specific confirmation from the specific embassies. I’d love to hear how you get on!

  • Delnaz says:

    Hey! I have a question ! My mother and her sister came to france it’s been a week now. They are from iran and beetween the 27/07/2014 and 26/08/2014 the duration of stay is 15 days. It means till 18 august. But if they buy their ticket to return for 19 august at 9am, they must pay a fine? It will passe only 9hours from the day which they must leave france…

  • Byron says:

    Hi, just wanted to add:
    Be careful what you read on Wikipedia regarding NZ visa requirements.
    The linked article there shows Czech Republic as on the ‘bi lateral agreement’ country list.
    IT IS NOT, (maybe if someone knows how the article should be corrected).
    I’m currently travelling, and now need to change my plans as my 90days would be up before my arrival in Prague.

    A more formal source for NZ passport holders travelling in Shengen and EU countries can be found at https://www.safetravel.govt.nz/travel-tips-travel-europe

    • Izy Berry says:

      Hi Byron, Thanks so much for letting me know! I would have run into a problem with that, had I not got a working holiday visa for the Czech Republic. I will update my link to this more accurate source. Thank you. Enjoy Praha. She’s magic.

  • amit patel says:

    hi
    i am overstay in uk in 15months,
    and now i have to go us/canada/aus/nz ,
    if any problem to go or any problem to my overstay reason???

  • Sam says:

    I accidentally over stayed in the Schengen countries back in 2001 by 4 months as an au pair in The Netherlands. I was 18 and didn’t really know what I was doing.
    I was never caught.
    I have a new passport.
    I am applying to live in the Netherlands with my partner now.
    Do I need to report this on the application?
    Any suggestions?

  • DanZ says:

    Hi Izy/ All

    Need a urgent advice please.
    I have a schengen visa from Germany which says valid until 19/12/2014.

    So I landed in Germany today and to my surprise passport officer pointed out that my visa says stay allowed for 30 days only and I have already used 28 days in past visits .That’s all true .

    But I wasn’t aware or noticed that restriction .My return flight us booked after 8 days so if I leave then I will be overstating by 7 days .

    I came for very urgent personal matter.I have read on forums that few days overstay is fine .

    I wanted advice here is it too risky to overstay by 7 days ?

    German have reputation of being strict so one option is leave schengen area after 7 days of ovrrstay from Spain or Prague ? Any comments ?

    Also ,I live and work in UK on work visa .So wondering if I will have problem entering UK or in other words do they verify if I have overstayed in schengen country ?

    Need help please !!

    And izy,you doing a great job here :)

    Thanks
    Dan

  • David says:

    How much should I worry about over staying in Southern Spain? Alicante airport resembles a bus station and it was almost a chore for the dude at immigration to stamp a US passport. I’m leaving for a week in Britain on Christmas eve, I know my 180 days don’t reset, but if I come through with a flight booked out of Spain later in the year (March or April), if they stamp my passport with the same couldn’t care less attitude, do you think I’d have a fair argument if I got pulled up when I leave for good in March or April as opposed to the end of my 90 day clock at the end of January?

    • Izy Berry says:

      Hey David, I have no idea. Personally I wouldn’t risk it but I have heard you can see how it goes. Everything is digitally recorded too, no? So maybe that’s where the issues would crop up. Be careful! I have heard, however, that Spain is one of the more relaxed places so if you’re going to do it, that’s probably the best place.

  • Danielle says:

    Hey! I’m wondering if anyone has any useful advice for me….

    So, I was deported by border control in Lisbon, Portugal. I have been illegally living in Barcelona for the past year and a half and I have had no problems. I went home about 5 weeks in the summer and came back to Spain August 6th, left the next day for a two week trip outside of the Schengen and re-entered Spain on August 20th. I then left for the states on Dec. 18th, and tried to re-enter on January 7th through Lisbon (who I never thought would be strict) but they were, and they deported me. Two border control men told me I could come back in February and then the man who escorted me onto the plane said March and since I left, I haven’t been able to contact anyone to give me a straight answer, nor have I been able to get an answer from any of the embassies/consulates.

    90 days from Dec. 18th would mean I can go back in March, but my new 180 day semester would start in February…

    I was also considering getting a new passport…would that help?

    I’m also wondering if I could just go to the UK or Turkey/Croatia/etc until I am allowed back in..?

    Thanks!!

    • evan says:

      Hey Danielle,
      Sounds like you’ve had a rough time. Can I ask you, when you were deported do you mean they put you on a plane back to the states? If yes did you have to pay for plane? I’m currently worried that might happen to me soon.

      Regarding your other questions, I can say that a friend of mine had overstayed his time in the schengen by about a year, but when he got home he lost his passport, so he then got a new one meaning when he returned to the schengen a month later their were no stamps in it and it was like he’d never been there. inso facto: the clock starts again and he got a fresh 90 days.
      And yes, you could definitely go to turkey, croatia or any countries close to europe that aren’t in the schengen area until your time is up.

  • michael says:

    i was denied 2x in the spanish embassy here in the philippines because they said i was overstaying…I have a 9 month contract within the past 4 years and only now that they said i was overstaying in their country..i dont have any idea of the shengen visa all i know is that i will fly to spain and join my vessel there..my employer wants me to go back to continue my work but i was denied..i wonder if this will be fixed…is there a penalty of my overstay inorder for me to pay just to return back to work because i need the job back…

  • Kelli says:

    Hello fellow travelers!

    I am finding myself in a bit of a Schengen territory predicament at the moment…

    I’m from the US and originally came to Turkey to au pair for 6 months, but when my extended visa didn’t go through as planned, I only stayed for three months and continued traveling from there. I started in Spain and France for 5 weeks. Then I entered the UK and remained there for about a month, then returned to Portugal and on from there. Basically, I have been in and out of the Schengen region for 3.5 months, but the day of my return flight (leaving from Barcelona) will be day 91 in the Schengen. I went to the foreign police and they said “it’s one day – it won’t matter. A day, a week, it doesn’t matter.” But they didn’t look at my passport or anything and I am still a bit nervous since the border patrol officer is the one who will be making the decision.

    Does anyone here have any experience with overstaying by one day?

    Could it benefit me to try and arrive to the airport and get through the security an extra day early?

    Any advice would be lovely :) Thanks!

  • Kathy says:

    Hey everyone,

    I have a bit of a dilemma. I’m a Canadian student studying in the Netherlands for a short period. I’m going to be leaving from Brussels National Airport on the 12th of April, however this is 7 days over my schengen visa allowance. I only used the schengen allowance because my program was so short, but because of some changes in flight and scheduling, I’ve had to overstay by 7 days (I did some travelling in between outside of the schengen area, which is why my arrangements aren’t for earlier).

    Does anyone have some comments on how strict Brussels is? I can’t really spend more money flying to another non-schengen country and I have to be here for some classes, too.

    Thanks in advance!

  • Acaiah says:

    Hey Everyone, thanks for all this useful tips! I am a Canadian and I am currently living in Barcelona with the 90 day free VISA. My boyfriend is French and I do not want to leave again after 3 months so I am planning on overstaying my VISA by 3 about 3 months. Does anyone know if there is a way to apply for a VISA/NIE now that I am here in Spain that will allow me to stay here for those three months without being illegal? I am prepared to overstay, but would be great to know if there is another way to stay longer without the risk? I still have 60 days left on my VISA…is there an entrepeneur VISA I can get from in Spain?? Any advice would help! Thanks everyone! Appreciate very much :)

  • Mindy says:

    Hello!

    We are Americans here in the Schengen area now. We are on day 57 of our current visa here. My 18 yo daughter has been offered a nanny position in Spain for the summer from June til September.

    It’s obviously a fabulous opportunity for her to immerse herself in another culture, expand her network, make some money and solidly learn another language . The glitch is the visa.

    If I took her home, and she came back over with a replacement passport, does anyone know what the chances are of her being issued a new visa period?

    She’s dying to take the position but I’m quite nervous about just having her stay here 2 months beyond her visa period. If that is the only option to stay, at least she would be in Spain. It sounds pretty lackadaisical about their enforcement of the immigration laws upon leaving. If she does stay, I’d definitely book at straight flight home for her departure.

    If anyone has ideas or suggestions, they are beyond welcome!

    Thanks in advance.

  • Ram says:

    Hi Kathy. I think you have departed from Brussels by now. Can you advise how strict Brussels is please?
    My case is similar. I may be overstaying by 5 days. Visa was given for 60 days duration, single entry, and valid until 25th June 15. Despite I will be leaving well before 25th June, my duration of stay would be 65 days. This is because gap between validity dates (start and end dates) is 75 days.
    Can someone advise if this is going to be a issue ? And at what expense if someone has similar experience. -Thanks

  • Grant says:

    Hey I just spoke to a lovely lady at the Spanish Embassy in Wellington (by phone from Portugal) she has confirmed NZer’s can spend 3 months of every 6 months in Spain regardless of time spent in other Schengen countries.

    You do need to keep proof of your time outside of Spain if you’re not getting your passport stamped, so accom receipts bank withdrawal receipts bus and train tickets etc etc.

    (If those border guards would just stamp passports it could be soo easy!)

    So Kiwi’s you don’t know how luck you are, many other nationalities would give their left arm for the same deal.

    My advice to all though is to check with the destination countries embassies in your country or in the country you’re in, preferably in your country though as they’ll know the rules pertaining to your nationality, I know NZ isn’t the only country with reciprocal visa’s, Australians may find they have similar options.

    Grant.
    (We’re travelling with our location independent jobs and 2 kids, follow us on tour2four.wordpress.com)

  • tiff says:

    I’ve been in Spain for 6 years. I’ve travelled around Europe with no problem.
    I’ve been to Turkey and Norway without problem.
    The only person who checked my passport was a girl in Italy for a car rental place who said once, oh, do you have a visa for Italy, and I said yes and took the passport out of her hands. Passport control is usually relaxed, but you never know. And I would never go to London!
    Some places have a bad reputation!
    A friend of mine, also Australian, was detained in Norway and told to leave within a week. It depends on the people checking your details.
    By the way, I am trying to be legal, but my paper work has been denied several times here even though I have a child here, I am in a civil union with my Spanish partner, and I have a working NIE.. I am still illegal.

  • John says:

    Hi everyone, I have been living in Spain for several years. My wife is a Spanish citizen I met while we were both living in the USA. She is dual citizen US and Spanish. We have been married for 20 plus years. We moved to thinking it would be easy for me to get a residency. The problem I ran into is that she was married to an American in Spain and she got divorced in the USA and we got married there. We have to have her registered as married to me before i can get a residency under our marriage. Long story cut short I come and go alot in and out of the country sometimes to morocco and sometime i get asked questions about why I overstayed. I carry some papers with some translated documents showing that I am trying to fix my situation but the Spanish court system is extremely slow. If i get questioned they usually give me a little lecture talking about how the letter of the law says 90 days in 90 days out, but then they will stamp me in so far. It is always good to act polite and just listen and smile and agree in my opinion, hopefully they wont want to bother with any paper work. Maybe pick a longer line if you can, good luck all,

  • Rahma says:

    Hi everyone

    I had a student visa in spain from 1-31 july and i’m thinking about staying for more 5 days till 6th of august .. Does anyone know what are the complications ??
    Thanks

  • Sharon says:

    I need info on how to fixed my over stayed in Paris

  • fabulicious says:

    Hello,

    I have a sincere problem. I met my boyfriend (NZ) here in switzerland in January 15. We fell crazy in love, and he forgot to tell me that his visa was running out. (I think end of january or start of february) he was affraid that he would have to leave and loose me. Well we kinda put it under the table, and just ignored that fact. and planned to stay in switzerland for the summer and then leave in fall. but now I got pregnant (not intendet to) and this started to mess like crazy with us. What are we gonna do and how can we avoid the worst?

    He has the glorious idea to just drive down to italy with a friend and fly into switzerland, because he has a “new and empty” passport he thinks nobody will ask questions.
    I think thats fucked up and will only cause more problems for eventually lying to the police.

    I thought about abortion. because with that I have already a lot to deal with. But giving up a baby (I am 30 now) for him being an irresponsible child seems a bit harsh too!

    Can anyone tell me, what would happen if he just left? And told the trueth (might include black-work)?
    Or if it made a difference comming back or being banned if he left from lets say spain, italy or france just so that he could come back to switzerland? or is banned from the schengen area always general?

    Thanks for your help. need it ASAP! <3 <3 <3

  • iggy says:

    Wondering about walking across the border from Spain into Gibraltar and then leaving Gibraltar by plane to UK as a way to get around an overstay. I have heard that if you walk the border into Gibraltar, tourist style, the guards do not check your documents. Any comments? Ideas? Anyone done this?

  • Charlie says:

    Hi!

    I would like to highlight few points about the ovsertay subjecy, hoping the information will be helpful for somebodyl. I certainly would have appreciated if I had known some of them when facing a possible overstay situation:

    – If there is no other choice than to overstay, a visa extension can be granted in some “urgent or special cases”. Everyone facing an overstay should apply for it even thinking you can’t provide enough solid proof of the special character or urgency of your personal situation, Try to built your case at the best and complete the procedure. Keep a copy for you of all the documents you attached to the application, Those docs with the refusal statement you get could still be useful for future actions.

    – Tourism or leisure purposes are not valid reasons for visa extensions. If you decide to go through, the only advice is get well informed about all possible consequences, be prepared to face and assume them.

    – I would never decice to overstay based on a country’s popular opinion about immigration law-enforcement. Some countries could be “more relaxed” than others, but the current tendence is to converge to common levels, as local laws are based on EC directives. Today, the law is strict in all Schengen states, and very strict in some of them:

    – Think about other potential risks while you stay illegally, even if you are never caught: Example: would you be covered by any medical inurance? Usually travel insurances is linked to visa validity’s period and acces to free public assitance for non-residents is getting more and more restricted…. .

    – There is no way to outsmart the system. Personal datas are digitally recorded (check SIS II to loearn more) and shared within the Schengen states with law-enforcement purposes and immgration control. In most cases, re-entry is only possible after the prohibition expires. In few cases, the individial meets some criteria and a request to eliminate such prohibition before is finished could be succesfully processed. In any case it is expensive proceedure and needs time.

    As a summary and to conclude, my modest and clear advice woud be: DO NOT OVERSTAY, NEVER, IN ANY OF THE SCHENGEN STATES.

    Good luck!

  • Claire says:

    For other New Zealander’s looking into this I recommend emailing the embassies which you plan to stay in under the bilateral agreement. This is because many of the custom officials are unaware of the agreement, and will not let you in. We were hassled twice at both Heathrow (bizarre because not Shengen) and Eindhoven. Fortunately we had the emailed responses from the individual embassies with us to prove our right to stay and we were let through. The customs officials told us they had never heard of it before, but where happy with the email.

    This was also useful as Portugal and Italy whom NZ has bilateral agreements responded to say that we may not travel in their countries under the bilaterial agreement and must travel within the Shengen Visa requirements. With this information in hand, we had to reroute our planned itinerary to travel to all of the non-bilateral visa waiver countries first within 90 days, before travelling through the countries with bilateral visa waiver agreements (In our case Germany, Netherlands, Belgium, France, Spain).

    To prove we left the Shengen countries (with no Bilateral visa waiver) within 90 days we have been keeping receipts of purchases to show our movements.

    All of the embassies responded within 3 days. We haven’t left yet, fingers crossed I have got our information correct and we have no trouble leaving Spain.

  • dilshad says:

    last 3 moths i am back come india from austria schengen visa and i am there overstay five months but i have only 1 months visa so i am now apply for new schengen visa i,ll confirm u they will give me new visa

  • James says:

    I am likely to be overstaying my 90 day schengen by approx a month in Austria. Has anyone heard how strict they are on it there. Im also planning on leaving through france and then coming back into the schengen 3 months later. Any Advice would be great. Thanks.

  • Lia says:

    I am a US citizen au pairing in Italy. I arrived September 6th in Italy, and had my passport checked upon arrival in Milan. On December 5th I am flying to Sevilla, Spain and then flying from Spain to Chicago on the 7th. Does anyone know if I’ll have any troubles? It’s only one day outside my stay, but I am also planning on coming back to Italy in January under a student visa, but I do not yet have my visa. Do you think overstaying will cause an issue to re-enter Italy even with a visa?

  • Gina K says:

    Hey everyone,

    I’m in trouble…

    I’m a South-African born female, staying in Belgium with my fiance, who is an Italian citizen working in Belgium. We are set to get married soon and both want to return to South Africa in January.

    I’ve already overstayed my visa, is there any way of avoiding the penalties for overstaying my Schengen visa?

  • Levan says:

    Hi Izy,

    I’d like to know what will happen if I overstay in Prague, Czech Republic for 1 day? There was a confusion in the tour agency, and they filed one less day for Schengen visa. I have visa to Schengen from 22-DEC-15 to 13-JAN-16 with duration of stay 8 days, and the flight back is on 30-DEC-15 (tickets are already purchased). Shall I be fined, if yes how much, or even banned from re-entering Schengen for a year or more?

    Or can I go earlier in airport and stay there for a day or two like Tom Hanks? :)

    It is just one day of overstay..

    Thanks,
    Levan

  • RLC36 says:

    I am a Non-EU. I will be overstaying in Valencia(Spain) from Sept 12 2015-July 19 2016.
    I just cancelled my return flight back home on Lufthansa as I realised I would have to pass through Schengen Exit passport control at Frankfurt(connecting flight) next year, know the Germans are very strict. Will probably have to book an airline that allows me to exit Schengen from Spain/Italy.

    How about if I travel within the Schengen zone by air/ferry/bus/train? Will there be passport checks? Will it be generally safe for me to do so without being found out?

  • Paul says:

    I always overstay. Do not want to but unless you are sick and can’t travel there is no visa extension in Greece. I have so far been able to talk my way out of a penalty for the last few years but am aware a fine is inevitable some day. 90 days is just unreasonable. I am canadian. I think schengen is going to have some challenges keeping itself whole in the near future with all that is going on with migrants. Countries should be able to make their own rules

  • ANdy says:

    I am an American citizen.Is there any trouble gettingbackinto the US if you overstay your Schengan 3month tourist visa?

  • nepal says:

    Hello !
    I want long stay in Germany. I have a schenzen visa of 2 weeks only, I want to stay long like more than a couple of year and want to do work in germany and stay in rent. what would you suggest. please help me to stay long with visit visa.

  • Toni says:

    hi! i am a filipino citizen. my austrian boyfriend invited me here to austria as a tourist ( two months schengen visa). we are planning to stay for good in the philippines . but we still have some errands to finish here, before we do that. we already called all the agencies, embassies to ask for another two months extension. but all of them rejected it. can someone give us an advice what´s the best thing to do? it will be highly appreciated. thank you so much.

  • Arash says:

    Two years ago, I gave a Shengen visa from Netherland to visit a exhibition as a reporter, with 12 days validity and 7 days stay valid.
    I did not read my visa carefully so I returned to my country after 9 days from Germany without any problem.
    after I relived to my country I noticed about this overstay.
    now I want to try for another shengen from NL…is it possible for me, or I have not any chance?

    regards