She said I would get it back whenever I booked a flight (SOON!) If I had done this I WOULD HAVE BEEN MUCH MORE LIKELY TO BE SCREWED, because a convenient loophole in German immigration law would have been invalid. but managed to keep calm. Copy and paste the url below to share the link. Schengen’s actual significance stems not so much from what it offers as from what it requires. 6) Regardless of these rules, there is no. Most all border checkpoints in the world check passports — whether they care or not if you overstay is a different story. < Schengen student visa ... expires on july 15, i would like to stay a few more days after my visa expire and travel to belgium for a few days on july 25, then go back to spain and take my flight to mexico. United Kingdom nationals travelling to the European Union and Schengen Area Member States are already going through a lot of changes, including additional checks... Read more. This was on a Tuesday and I was back 2 days later (the office is only open, Monday, Tuesday, Thursday) with my flight itinerary. That was quite a bummer since I had planned to stay until at least mid-August. DATE: 2006-2009OVERSTAY: oftenSTATUS: Not caughtPASSPORT VIEWED: RarelyPASSPORT SCANNED: ? There is some confusion about the 90/180 day rule due to the fact that orginally the Schengen agreement stated in Article 20: "Aliens not subject to a visa requirement may move freely within the territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry". "A couple of months" I said vaguely...He took me to the office, on the way some co-workers were saying to him along the way "come on, he's Canadian". 90 Tagen innerhalb von 180 Tagen erlaubt ist. Finally, it does not matter if you have entered Schengen territory on a Schengen Visa, or if you are the national of a country, to which a visa waiver has been applied. Hello everyone,I would like to share my story as it's quite comprehensive and needs to be told. Here's the summary and all input is welcome. Her English was not all that great, but I am pretty sure she said that you (I, we) have 90 days from January-June, and 90 days from July-December. But I soon found out it was (supposedly) not that hard to get a German visa, and considering that I am a freelancer and was working on my trip, I thought it would be no problem. herrwilkus has kept details of many contacts with police as well as an exit from Frankfurt with a significant overstay, and was not caught. All you needed to know about Europe’s Schengen Zone. Since European Union regulations are notoriously complex and there aren't always up to date versions available (you usually have to take the first version and then work yourself through subsequent amendments) border police may not always completely understand the current state of the law. Reply. Once coming into AMS I was pulled aside for having so many stamps. FYI, for possible advice, I'm a U.S. citizen with no prior visa violations or overstays. However, she said if I just went through the process I'd be much better off and more likely to get the visa, as the officials who grant long-stay visas here seldom care about the 90/180 rule as they're weighing other factors like ability to support onesself, quality of art in the case of the artist visa, etc. Problems when exiting Schengen area on expired residence permit. :) She also reassured me that there were far, far, far worse cases than mine who were fine. The "# days" could be interpreted as being off by one depending on whether they are 24 hour periods or inclusive, and depending on flight times... On a side note, I missed my flight while having to deal with the Immigration officer, and had to pay another 300 CHF to change my flight. Unfavorable Schengen visa situation. At any time when you are in the Schengen area, you must not have spent more than 90 out of the last 180 days there. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area. We'll see how it works out, and I won't know for another month or so, but I thought I'd relate the info now and post the results later. 4) A national visa permits travel for a maximum of 90 days per semester to other Schengen countries. You can There are stories all over the Internet of heavy fines, jail time, questions ... but in the end no one was denied exit. This is when a cop there told me that you are overstaying. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, even if you belong to one of the latter. If you have entered the EU on a Schengen visa, and now your flight back home is cancelled due to coronavirus, there is no need to panic. I just...really want to address the problem before I go through customs if that's possible. An update:On the advice of the German consulate in Los Angeles whom I called yesterday, I visited the auslanderbehoerde office in Berlin today and explained my situation to a nice guy at the gate/reception desk. So there it is for what it is.I'll no longer do it again as I finally pushed the Schengen rules until the breaking point.My ban is up, and I have a great story to tell. Please feel free to browse existing topics for answers to your travel questions. What your daughter wants to do — stay in Europe for a few weeks over her visa after her study abroad program ends — is a completely normal intention, and many, many, many other US citizens are in the same boat as she is: By then I had a girlfriend I was living with, and decided to ignore the paper giving the date of when I must leave. Then I happened upon this thread and carlamittelsohn's post (specifically part 6 "...if I wanted to leave the country with impunity all I'd have to do is visit the auslanderbehoerde for a form saying I'd been waiting on an immigration appointment. very American-like and it was pretty funny. I was in Germany last September, my visa said I had 14 days to stay in the Schengen area. September 18, 2014 David Machado Golden Visa, investors visa, Overstay in Portugal, Overstay with a Schengen Visa, Schengen Visa Leave a comment Since several of our investors got a problem of too short term visas while deciding to travel to Portugal we took the … You will be told the maximum authorised length of stay and (if necessary) notified of any overstay. Yes, this isn't fair. He gets angry at any small deviation and is clearly one very serious uptight individual. Just a quick update with some info from an actual German immigration attorney. I was able to re-enter the Schengen area, though I left a couple of days later as per my original plans, so who knows what would have actually happened had I stayed another 90 days. It seems that, at least in his case, the police were not interested in his Visa status. Granted, this is dodgy as hell and you'd have to convince an immigration guard that you're right on a legal technicality that even legal experts don't agree on, but it's worth a shot, and she said many German border guards considered your stay to be legal only counting back 90 days from date of departure as a result. Chose a route that bypasses bigger Schengen countries. She advised that if I left via Germany within the SECOND 90-day stay, EVEN THOUGH I HAD OVERSTAYED BY SCHENGEN RULES, there is a fuzzy area in German law that allows for the first entry into German territory to count as first-entry as long as the passport was stamped with an entry stamp and as long as the traveler exits from Germany. So i said better i go refresh it when I have my graduation certificate. 3) She said she's heard of much greater problems flying out of Bavaria (Munich, etc.) But the refrain of "as long as you have an appointment, you're good" kept ringing in my head, so on Sept 26 I booked an appointment for early November without really knowing why. That's the reality. No part of this site may be reproduced without our written permission. I certainly will. Sad news is they told me I'm overstaying here, and it's very negative. The reason I started this thread was to find out where and how Schengen was being implemented in various countries. If so, then take a look at our Schengen visa community forum. – told us that we had overstayed our allowed period in the “Schengen Zone.” Exit via ground transport buses best option. i suspect that Immigration has become stricter over the years. It seems to me that people would benefit from hearing about overstay situations that either were caught or not, and also perhaps about locations that they were able to leave without getting their passport stamped or, more importantly, scanned. This topic has been locked by a moderator. I know about Spain. © He was very vague and said I had to find out from the embassy on the verdict and to stay away 3 months. to moving from one US state to another. You’ll be fine, don’t worry! In this case, the Swiss immigration officer most probably didn't notice your overstay. I then continued to come and go just as I always had.Whenever given any comments at the border I just said I had been travelling around to many different countries. I've read that the consequences of overstay can vary quite a bit across EU countries. If you are in Qatar, here’s a guide on How to Get a Schengen Visa in Qatar. How they decide which of my many entrances into the Schengen Area is the actual start of the 180 day period is beyond me, but my guess is that the officer chooses the first entry that is within the last 180 days. If I had not read the post right before this one, there is no telling what would have happened to me. Answer 1 of 40: Dear all, I was born in France (but of American Parents), but I still can't find a way to be legal here in Europe, now I've overstayed my Schengen Visa in Germany. HOWEVER, there are plenty of ways around it, some she'd even consider close to fool-proof. She set up an appointment online for a few weeks in the future which she said allows me to stay in the country, and if I wanted to leave the country with impunity all I'd have to do is visit the auslanderbehoerde for a form saying I'd been waiting on an immigration appointment. Hey Lindsey, thank you for this valuable blog! Even though I was technically already an illegal immigrant, she said I'd be much better off INTENTIONALLY OVERSTAYING at this point, declaring myself to the buergeramt and auslanderbehoerde, etc., and moving forward with the process of getting a legal visa (in my case an artist visa), which is something I want to do anyway. If she is has a ticket to fly to a non-EU country, say Morocco, would she be allowed to do so? To start viewing messages, select the forum that you want to visit from the selection below. (First and last days count), Caught on EXIT above (2010/11/11) for 94 day stay. It depends which country and the mood of the people catching you. Between my doubts and the fact that I kinda wanted to stay longer than October 10th, I scheduled another appointment (in mid-September) as soon as I got home. Unaware of the overstay, I applied for a spouse type in the overstay period. Expats, Residency and Schengen | Expat Advice. (It was "hello" ..slide in,... stamp....slide back.). They needed to do a worksheet to figure out my situation and finally determined that I overstayed 4 days, though their calculations don't make sense to me. You should too. That means your combined stay was 124 days and not 94 !! Thorn Tree forum Country forums Western Europe. Filed under: Europe, Schengen Visas, Spain, Travel Help, Visas. I missed that appointment, and by late September I had decided to 1) stay until mid-November and 2) press my luck flying out of Italy or Spain. What documents does my Brazilian girlfriend need when visiting Germany via Madrid? I get hundreds of emails, stories, questions, and comments about travelers having overstay issues in the Schengen zone every month, and find that I can only give crap shoot advice: you may be caught, you may not be. The Spanish workers of La Línea de la Concepción are at the ready to celebrate the removal of the Gibraltar border controls. All right, well I have a nice little story for you, but first I gotta give a huge shout out to that badass right up there ^^^^, that's right - carlamittelsohn! It’s a community just for people who have questions or concerns related to Europe’s Schengen immigration zone. 5) If you stay longer than 90 days then you are overstaying. Can I travel to England, UK, Ireland after overstaying a Schengen Visa? If and when SIS II does operate, an overstay will almost certainly be detected. It might not be possible, but I figured it was worth a visit. Well, I was caught…. 7. However, I really want to be in Italy for more than a week (I am in Spain now and plan on going to Italy on the 10th). Obviously by being able to go in and out so easily without even a peep, i considered overstaying about on par with jay walking. and brought her the proof. He made me fill out a form that looked pretty flimsy. we use cookies to improve your experience on our website. EU/Schengen January 6, 2021. So this may be a case where Switzerland is still going by the original wording of the agreement (which mentions the date of first entry) as opposed to the newer EU regulation that doesn't. Fortunately there was another flight that evening which I got on, otherwise I would have been in a lot of trouble, since, as mentioned, I wasn't allowed to re-enter Schengen for two days and was effectively not allowed to leave the Terminal, a'la Tom Hanks style (though this Terminal was not 24 hours). All rights reserved. As previously mentioned, the database records are shared by the Schengen countries so even if you get back to your home country without any fine or ban, you should know that your overstaying in the Schengen zone will cause you problems the next time you attempt to enter the Schengen Zone or apply for a new Schengen visa. Thanks so much, great thread, hope we all make it and learn to follow the rules right next time! I've done lots of research on Lonely Planet (and elsewhere) about Schengen, and people mention that very few overstayers post, much less those that are caught. About the Author: VBJ. Currently overstayers from countries not requiring visas often - but not always - slip through as SIS II is not yet operational and border police often cannot be bothered to match up all the different entry & exit stamps. Consequences of overstaying Schengen visa in Switzerland. Hey Stellar, as long as you have stayed out of Schengen for 90 days or more, and you have a return ticket proving your departure ticket from the Netherlands proving you won’t overstay again, they will probably let you in. You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period. > Yes. Overstay schengen visa on ground of emergency? Verstoß gegen die Visa Vorschriften und overstay So unter anderem auch bei Verstoeßen gegen die Visa Vorschriften. the Canadian? Unfortunately each member state is free to enforce their own rules when it comes to sanctions for overstaying. Something you could be busted for but not really worth anyone's effort to actually do. Thankfully, the border agent that was in charge of me was a very nice man and he actually explained to me slowly how the Schengen Zone Agreement has changed lately and now, the 3 months within 6 months period takes place counting backwards from today’s date.. Before the new changes, the way it worked was that the 6-month … So...that's about all the info I have to post for now. he just repeated The Embassy. Your post made me wonder (don't think this was the situation in your case) If the 90th stay day of period 1 was exactly the 180th day of that period, wouldn't your second 180 day period have started at the 181st day after the start of the first period ? My original DIY dummy lawyer plan was to fly out of Prague or Warsaw in hopes they're more lenient or disconnected from SIS II. I checked with immigration and they said they don't see any problem. Is there any information out there about how Spain specifically would treat her? She gave me back my passport and a paper to give to passport control and I was on my way. 7. Well, I was caught through my miscalculations, and I see no reason not to post, since they already know about me. My actual travel dates inside the Schengen area, for those of you interested in trying to reverse engineer the Schengen rules are here: Entry Via Exit Via # days---2010/05/13 ZRH 2010/06/18 ZRH 36 days2010/06/22 ZRH 2010/08/11 ARN 50 days2010/10/07 ZRH 2010/11/11 ZRH 35 days Caught on EXIT above (2010/11/11) for 94 day stay 2010/11/15 ZRH 2010/11/17 ZRH 2 days. update your settings This regulation no longer has a reference to the "first entry", which means that you now have a sliding scale, and you now have to look at he last 180 days. Schengen Overstay Switzerland (Read 1469 times) ID. Visa nationals. YYZ123, thanks for the post. 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Economical/Political pressure to crack down as well as better co-operation among Schengen countries learn.

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