Were you on a work permit? 4 months is too long to be considered a mistake. He wouldnt go to jail, but being fined or banned is the risk everyone takes for overstaying. we went to the city today to get a residence permit form. I hope everything works out for you smoothly! Immigration there is very tense and it isnt worth your travel future to overstay just for a program. This could be devastating if there was a medical emergency or you had to fly stateside on a whim. It is possible that the officer wrote something down without your knowledge, but no need to jump the gun on that. Get informed and plan accordingly to avoid potential fines and denied entry to the EU. (See Section 222(g) of the Immigration and Nationality Act (I.N.A.)) (Im also eligible for a German passport because I was born in Germany to a German parent, but havent applied yet). On the 91st day Ill be flying from Italy to Germany with a 21 hour layover, and departing from Germany on the 92nd day back to the US. For this reason, I made Legal entry to Portugal immigration office, made Finance paper (NIF) by Portuguese citizen as a grantor. 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. HELP! I didnt 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. If you feel you are in good health to fly then it is best you keep on your flight. Very helpful. . Please don't be the ugly American who acts as if the rules don't apply to you. She cannot continue to stay knowing now she will not get an extension (because you cannot not extend an expired visa). Hope this answers your question. and can you maybe give me a solution? Fines reported here have ranged from several hundred up to a thousand euros per person. Non-EU nationals who want to stay in the EU and Schengen zone for longer than 90 days need to apply for a visa. WebAnswered: Hi does anybody know if Spain is applying a penalty to travelers who overstayed without a visa or a visa extension because they were stuck in Spain as a result of the COVID situation? I hope this helps! I overstayed by 2 months. To avoid being potentially penalized when you exit, you need to either leave to a non-Schengen country immediately (UK, Turkeyanywhere 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). Since youre American, and you didnt do this on purpose, you might get away with it. I think youll be fine! I think theyll get progressively less lenient. Useful links: Alexandra. As ever though, decisions on border issues remain with national governments within the EU. But travel with caution, because if Finland found out you left, it could be an issue. What do you think about my situation? Now you need one even if you wanna take a day trip to our neighbors up North. I wouldnt trust a legal aid that basically told you to do something illegalsuch as over stay for 3 years. The penalties of deportation, fines and bans on re-entry are dependent on individual situations and may not be enforced immediately or at all. Your old passport is still connected because its the same name, though. 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. If 90 days won't be enough, it's not hard to get a tourist visa to lengthen your stay (I believe they're good for six months at a time). 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. Likely to be fined/banned on the way out? When you have made use of false or falsified documents, or documents that do not apply to you 28th April) or can I stay and travel in the Schengen area until 13th May? This is because Americans have visa waivers and come from a world power country. Because i hear stories of 1 situation and the consulate says another and claims no responsibility if it goes wrong. He said I can come back, but I need to wait, how much? I am assuming that the answer is yes and that is why should be a member of our web site if you arent already. Im feeling okay about my exit, but still definitely a little nervous. Usually normal tourists are not frequently going back and forth to Europe for periods of longer than 90 days each time. Sorry for the delay. There are many So make sure your flight is out of Schengen on or before April 28th if that is your 110 day mark. Wooow Iceland! Fines or Expulsion - Citizens Advice Bureau Spain Consequences of Overstaying in Spain? Yes, I absolutly think that was the reason why the visa was denied. My question seems to be a little different than those Ive seen. I overstayed my schengen visa in Italy by about a month during the corona virus. Appreciate the work you do, it helps a lot of people get through confusing / scary situations . I had my girlfriend (US citizen) visit and overstayed by 2 days. But Im from 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. She also reported that authorities refused to acknowledge flight bookings as proof of exit from Spain. I need to stay here until the 27th of December to spend Christmas here and to finish planning our wedding. Hey John! 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. I am a US citizen, staying in Norway with my partner. Hello 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? So since 6 months ago, I stopped renewing my student visa because I found it quite pointless and not conductive to my progress. Best of luck! She said no one at the Lisbon airport asked to see her passport, she just breezed on through, no stamp/scan or anything. Many travelers are even told by immigration of various countries in the region that their bans are for that country in particular, and then when they try to go elsewhere they are denied entry. If Spain deports you to your home country, chances are you will also be paying a fine. My new visa is from : 12.09.19 to 10.03.20, When can I travel next as Im thinking to travel for New Years, Hey! Why do you think I have so much knowledge on the topic? 1. When exiting the officer said nothing, just stamped the exit stamp with date. You should always apply for your residence visas from your home country! its stressing me out so much I cant even focus on my thesis well. I emphasize, we don't have very good information on this, only what people who have been fined and/or banned share with us. If youre 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. Its really weird they dont have stricter rules with all the talk about immigration there . More power to you. Cheers! I suggest leaving from Spain. Thank you so much for this blogpost! It varies case by case of course, but I figured Id ask your opinion. I dont know if you will find this interesting and I dont know how to post for everyone to read. The biggest punishment of all, however, is if you are banned or deported, this will effect your travels to other countries in the future. 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?. My ticket for go back to Iran is in 13th June. 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. Or are they only interested in how long she plans to be in the UK? Will you get paid to do this? I wouldnt be surprised if he did neither and was messing with your head.. but Im curious. Hi Rao, thanks for stopping by with your question. But, marrying a friend from a Schengen country while you are already IN the Schengen country as a tourist doesnt give you automatic permission to stay. 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? As I will have overstayed the 90 days, I know that it will be an issue when I would leave. The common rule 90/180-day period (what we talk about in this blog) does not apply in this case. i fell in love with someone here and now we have a home together in the mountains. Thank you. Hope u are doing good Hello there, Im an American citizen who has spent the last few years studying in Barcelona. My Original flight in September has been cancelled so Im hoping if I choose to reschedule the flight a bit later that I will not be penalized for overstaying at the border. I am a U.S. citizen with no previous overstays. I have Schengen visa The max fine is about 1500 but being banned from re-entry is the issue. Im writing to you with a hope u will be able to help me and answer my question about Shengen Visa. So I guess this is where it gets confusing. Hi David, congrats on the good news of the baby ! 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. 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 really wonder if my overstaying in Schengen area would affect our process to get U.S. how do you think the chances are for choosing the other purpose and explain the situation. 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? Letter from Laura about overstaying []. ?Or for next time they fine me??? 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. Also, if you were sick and couldnt fly, you should have received a doctors note that would help explain this in case you got in trouble. If they do grant you a SSN, you need to go back to Portugal on a work visa and absolutly not a tourist visa. I did not get there in time, for a number of reasons, but now I am wondering if that means I am here illegally. I think youll be just fine on exit since youre Canadian (sad to say, but where youre from can definitely be taken into consideration). I unintentionally overstayed by one day due to confusion in the counting of days. 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. 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. My US passport was stamped in France in Oct. 2017, and I was living in Germany the entire time. When you applied, did you tell them your exact travel dates? I travelled throughout the Schengen area over Christmas break but did not get my passport stamped at all. Of course you can try to hire an immigration lawyer, but I am not sure how that will effect the outcome. You need to apply for a spousal visa. ANY advice would be greatly appreciated and thanks for sharing, everyones experience keeps us informed But your passport probably gets scanned due to the new biometric chips. Hey Greg! Thank you so much for the quick reply. Can I leave and re enter the schengen zone? I have a layover in Germany, before a direct flight to Canada. I wish I wouldve found this site when I first got here and didnt listen to the ya embassy because it seems they want to give advice but not follow it up by ensuring nothing will happen. Ive also been to Austria in the last 180 days so would that trip already give me the Schengen visa? This is the most comprehensive blog about the subject, Thanks for uptodate info. Its great being a dual citizen. I have the marriage certificate with me and plan to leave for at least 90 days at the end of the month. But what happens if you overstay the limit? Good luck! So you probably don't even want to think about knowingly violating Schengen. appreciate you helping all of us overstayers! Hey Cliff! Norway is very much a Schengen country (they are just not European Union). hoping you have any words of wisdom for me in trying to solve this small thing. Ive sent several emails to the relevant Romanian ministry asking for clarification and have received no response. He applied after a week when his last permit expired and the reasons he gave were mostly based on his health issues. For those curious NIE is the tax number in Spain so my question is when did your student visa expire? Hi Megan! During the back to USA leg, I am in compliance regarding the 90 in 180 period. How can I buy iPhone from USA to India Quora? France can be quite tough, but due to his bilateral he should be ok. As for the tourist visa that ended in March, you cannot renew that unless you leave for 90 days. Its probably also better to come back for a shorter period of time. 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 visaand 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. 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. Hey 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. Ive been living in Germany for about 18 months. You say we can check somehow to see whether our passport has been entered into the SIS, via the chip on the passport. I dont want to have my trip aborted before it even begins! With Croatia not in the Schengen zone, the rules do not apply so you could stay in non-schengen countries for 3 months if youd like. Im not sure if you are allowed to stay within Spain if a visa is processing. Can you tell me how crossing boarders by car will effect our trip. This is how to check overstay fine in UAE: [1] Step 1: Go to this page of the Federal Authority for Identity, Citizenship, Customs & Port Security website. Europe is looking for overstays these days brings in the $. You appear persistant with attempting to learn how to circumvent the LAW so will you please simply go ahead and break the LAW and let us know the results? Just for those who are in Cheryls 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. Honestly, I have accidentally overstayed on my multiple entry visa. Yes, you can go as long as your Schengen visa does not expire while you are in their country. Thanks for your answer. 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 wasnt 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. 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? It just ruins it for the rest of us. I know this because I have family members who are married to foreign nationals and brought them into the U.S. I wish you the best of luck in your travels, Fahim , Hey Lindsey You could have based this off of your pregnancy. I am thinking about writing a post about the bilateral travel agreements between certain countries. United Kingdom nationals travelling to the European Union and Schengen Area Member States are already going through a lot of changes, including additional checks at ports of entry, and even entry restrictions which have been imposed on third countries amid COVID-19. I had to turn in my last visa renewal documents a couple months late (we have to renew every year), but my application was taken without a fuss, and Ive been here studying and teaching while I waited to get my new permit. Now I just wanted to check in to see if this is ok ? It could count against you if the countrys immigration board sees you had broken rules of your prior visa. Reader question: We are British and travelled to our second home in Spain before Christmas. Within the time I have been in Spain I have left and entered the Schengen States multiple times and have all the stamps. My main objective is for a German university to accept me. If you have been banned from Europe, you would need to wait for years for the ban the lift. The day you enter Schengen, your clock begins the day you exit, it is put on pause. 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. Please suggest meeeee. Dont confuse the validity of the tourist visa with the 90 days within 180 days rule. 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 overstayed my student visa in Milan by two days and the man (who had a nasty snarl might I add) pointed it out. If youre not American, ignore this, it probably wont help.). overstaying. I would stay right where you are and contact your embassy (anonymously) and explain the situation for official direction. Hello Lindsey, I would like to know if I can be able to get a schengen visa again. The control probably didnt even register it, just scared her. I Have been legally registered here in Germany with ID number and Proof of address with the amtliche Meldebesttigung. Portugal is a Schengen country as well. Last summer I started an application for Irish citizenship through descent (my grandfather). 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. 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 didnt you go home?Id 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. My name is Tom from Korea. It should also be remembered that although the UK and Ireland are not part of the Schengen Agreement, the do have acces to the information system and they probably will not be trilled to welcome someone who is on the black list for failing to comply with schengen rules. Would it be safer just to fly to Barcelona and leave from there? Just thinking you will find work when you get there isn't a good idea. According to them, Bilateral takes 1st place, so as long as you abide by those guidelines in theoryYou should be ok leaving, pending you dont layover in another Schengen country. You have proof that you left Schengen, and it would be UKs error for not stamping you, which can easily be explained if questioned. Dear Lindsey: Congratulations for your blog. I dont think they are looking to arrest or deport babies This is an interesting question though, as I have never heard of it before and there is little information about it. After the 90 days have passed, non-EU citizens need to leave the bloc (not just move to a different EU country) and wait for at least 90 days before returning. I came to Spain in September of 2016 (entered Schengen via Portugal), to live with my fiancee (shes Spanish). What do you think the problem I can face on my way out? 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? 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. 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 youd have to apply for a visa (because that is a visa question!). 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 thought that then I would be able to obtain my Irish passport and use it to return to the U.S. Much easier to do things properly from the start rather than try to fix them later, but still I have to do something now. When i was about to leave to go back home to the US i wasnt really scared of being questioned only because i never really read anything of people being busted. Americans do get a lot more leniency (I know this sounds prejudice, but it is true) if they overstay by a couple days. 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 didnt realise they would pull you up for Schengen in England too! If this happens to you, you will find a sticker in place of your Do you have any thoughts on this? 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. I hope it works out for you! 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? One more thing, the immigration office have asked them to leave Germany by December 31, 2018 but my wife claimed that she cant interrupt the kids studying at schools and that they will leave after school year ended June 28, 2018. I recommend leaving from Portugal. I have a small question I have write to u here before if u remember my name was fahim 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). Hi , I overstayed my visa in Italy for about 6 months. We are also now planning on getting married, so I need to go back to get paperwork. if yes, then how? Within that time, your 90/180 day rules still apply if you travel outside Poland during your year-long stay. Hello ! So jumping over to Germany, or any nearby country with proof is valid for the bilateral. My question is can I stay little more for travel around after 11 December or should I leave the Spain before that time? thank you for your time. 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). Ill take a look again at options out of Portugal. 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