She is an EU citizen and obviously I am not. I personally think you will be fine. Unfortunately, without taking pre-cautions by asking for an extension, this could negatively impact the decision for granting a new visa. 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. If you exit with an expired permit (as in its 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. Now I am living in San sebastian as as student I currently hold visa D type and have NIE (foreigners ID ). hi, i have a very confusing situation. My partner is a Polish national who has been working in Spain for 1 year. 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. Hey Ryan! We stayed longer than three months in the Schengen Area. Your problem is that the family doesnt have a legal excuse for breaking the visa. 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. The CDS was denied a month ago and now I am trying to figure out how to leave and where to leave from. Were you caught overstaying? The agent could forget, but that is rare. Required fields are marked *. That will be an issue if that happens. A non-EU national who stays in the Schengen region for more than 90 days (without a residence permit or long-stay visa) is in the region illegally and may face a re-entry ban. I am neither EU nor US/Canada citizen and I normally need a Schengen visa to travel for tourism purposes. 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. Hey Maggie! thanks for the help. My position now is in Indonesia. I am currently living in Germany with my girlfriend. As I had my visa by invitation. I am Australian and have the work visa for UK. 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. Hope you are staying safe during this time. Also I dont 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 didnt even wait 90 days and they stamped us both back in. Best of luck! But they can make you miss your flight and make the process a headache to leave. So if border control sees your visa is too close to the expiration date, they most likely will not even let you into Croatia. However, he swipped my passport and said he will put a note. 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. Did he actually stamp your passport or something? If you go by train, they might not check you againbut they might because they are pretty strict on entrance stamps. Sally, Because Spanish bureaucracy can take some time, I only just had my appointment at the beginning of December. Just do not leave the Schengen zone through countries like Austria, Germany, France, etc. I read through a lot of the comments, to really get familiar with the process and penalties. Does Germany offer an extension? This is great information for those looking! can you please advice what should I do. It depends on what the reason is for. When you applied, did you tell them your exact travel dates? Hi Lindsey! Can u give us some advices? I went to the Netherlands in December, but entered Schengen through Iceland because of a layover. So I will not have any problem traveling this time entering France Do you know anything about getting married in Spain to a EU citizen on an expired Visa? Unfortunately, there is not a lot of advice I can give because this must be dealt with through an embassy. Glad you found my page calming. how do you think the chances are for choosing the other purpose and explain the situation. 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. (Her peers advised that she NOT travel/fly through any Schengen country on her way to Croatia, since her Schengen overstay would be revealed. 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. Its great being a dual citizen. When applying for a long-term visa, usually it is asked on the visa form your last time in the country youre applying for, etc. TL;DR: If no action was taken due to the initial overstay (you werent banned, basically), as long as youve been out for 90 days, it should be no problem. So this website can function correctly please whitelist The Local with your adblocker, antivirus software or browser add on. In the worst-case scenario, you could face deportation and/or a ban from the Schengen area. This could result in banning you. Just want to update and say thank you for ur suggestions before. They will not look for stamps on exit of Czech or entry to France. 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. But Im from I originally thought your 90/180 days reset every 180 days, so I was under the impression I wouldnt be overstaying. 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. I know about SIS, my all information in their database. You should get one, dear! VBJ has written 3656 posts on Vagabond Journey. My question is, If I have my renewed Passport, can I use my Schengen visa which was stamped from my old passport? When I calculate my days, it was more than two days. You need a visa for any courses that are longer than 90 days. Also, if your stuck in either France, Switzerland and or Germany Id take the bus/tram into those countries via Basel. It is possible that the officer wrote something down without your knowledge, but no need to jump the gun on that. However, even if you manage to avoid them, your passport will be tagged with an overstay alert making it more challenging for you to return to the EU. . I tried to ask if I had to pay a fine, or if I would be banned. I noticed you mentioned your job in Spain? Im a Canadian planning on au pairing in Spain. 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. You will then have to wait in your country for the approval and visa in your passport before you book tickets. we never come to germany and want to spend time with my family. Since then, she has been living in Lisbon, staying at a hostel. 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). So! And I will check out the link about opening a business in Spain because I might want to get that going concurrently. On Sept 29th, the SEF emailed to her an SEF appointment letter, scheduling her for a meeting with them on March 2nd, 2018 (!). 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. 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. Hey Lindsey! You go through exit control in Spain, and thats where theyd get you. I entered Paris for 4 days on January 16th, then went to England where I was studying on a short term study visa. When you have made use of false or falsified documents, or documents that do not apply to you I was really surprised. I suggest consulting a lawyer. Im American. Hey Dominique! Hey! Once you are married, you are not just given a visa to stay and work. 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. Hi Lindsey! Hmmmm. I would never ever do that again for a life. 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. He certainly lost his right to stay when he crossed the validity (which he claimed i didnt 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 cant 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). Thank u Lindsey!!!!! Hello! Is their application submitted and pending? And he gave me an extend 20 days to stay in poland if i want to stay! On the 24th of May I finished and went to Spain, and basically have been travelling since then. which visa is good to apply, tourist visa first or go ahead with family reunification. Please see Germanys policies on visa extensions here. However, some countries do not allow your touristic time after your student visa in their country has expired. I will fly back to the US from Barcelona. Hi lindsey, i was wondering if when a passport is scanned in the schengen area is it being tracked? Not worth it! You will need to exit to a non-Schengen because you will no longer be on a visa. I also have the right to stay legally as a tourist for 90 days (3 months) in any country in Europe. Im feeling okay about my exit, but still definitely a little nervous. . How can I buy iPhone from USA to India Quora? 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. And he told me that i can enter all schengin area whenever i want except poland after 6 month !! Thanks for your service to the red, white & blue! Of course your passport is checked at the airline desk, but it is to make sure you are the person on the ticket. I know of two cases. Do you have any update to this? direct flights from Chicago, New York, London, Moscow, Kiev, etc. Sally says she is making every effort to be a law abiding citizen but I think from her many questions on the subject of Schengen that she wants to be a law- skirting citizen. By the way. Hello what will happend if you over stay for a one month sangem visa? Travelling with a Canadian passport. My partner and I would like to get married. Would I be turned away from London if they see I have overstayed? Its also true that there is likely to be a bedding in period for the new rules. And I read in your post that other countries computers cant communicate with each other but one country can communicate with itself. Any suggestions and guidance will be greatly appreciated. Hallo 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. This is the legal way of doing this. 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 youre in trouble. Schengen only looks 180 days back, so they wont even glance at your previous trips. This can be levied along with other penalties and the amount depends on the country. You should double check that! He needs to stay out of Schengen for 90 days completely if he used up all his days. My recommendation is not to take chances to overstay. But your passport probably gets scanned due to the new biometric chips. When you exit Schengen, you go through border controlwhich is where you get caught. Here is the deal if you dont pay the fine, youre basically banned from all Schengen countries until you do. Sorry to hear about the fine. Starting from July 08, 2018 within my current visa I stayed in total for 43 days. If there is a partner there or even a business opportunity, you might want to check out D visas, which are residence. You will not have any border control flying from Finland to Norway. The expiration of the Schengen visa will be on Nov 2019. Ive heard its an easier exit. 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? Are you planning on being there longer than 90 days again? We are from Saudi Arabia, my wife and kids enrolled in the normal German schools and language schools without any probkem. Appreciate the work you do, it helps a lot of people get through confusing / scary situations . I have 90 days to reapply for my visa within Spain, but I cant do so yet cause they havent given me my post for next year, only a confirmation they I have a position in the Balearic Islands. We had a reader tell us she was fined 600 for overstaying 2 days in Greece. You will most likely be told you must leave as soon as possible. Thank you very much for your help. So when you apply, it should be for a work visa with all the information of the company that is sponsoring you. Or are they only interested in how long she plans to be in the UK? If your overstay went unnoticed, you dont really have much to worry about as an American citizen. Moreover, it can not only result in fines, but also bans for future visas. You are correct about your mistake with re-entering Germany (or any other Schengen country you have not cleared for your bilateral). I do know a bit of German, so that could be helpful. If you are fit to fly, you should proceed with your plans to fly. So my question is, would it be possible to do that? Hey Lor! 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. For U.S. citizens, visa opps would be job sponsorship, or marriage and marriage can take time to get all the paperwork ready. Thanks a lot for the kind words! Its very informative I think he will be fine but he will absolutly need to stay out of Schengen for 90 days. An urgent response from an authentic source is most welcome. I will have to overstay my tourist visa while I wait for my extended stay to process. Hey Fahim What type of visa did you get for 1 year? You make the legal choice and if he loves you, he will follow you instead of you following him. You need to be studying at the same time to legally be there longer than 90 days. My fiance and I are in a difficult situation. Hi Lindsey, u know how the US visa works?? 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