Unfortunately, I dont think you are able to do anything at this point besides either pause your studies for a later date, take them before June 18th, or try and take them online. hello there, i am Lily from Mongolia. Hey Puneet. Or better yet, do you think I still have a chance of extending my visa until the end of my studies even though I missed the allotted timeframe? Any previous instances/experiences shared would give me an idea to be prepared for. They would probably have an order to deport you, unfortunately. Thanks The 90 days can be spent during one single stay or in a series of short stays. I came to Spain in September of 2016 (entered Schengen via Portugal), to live with my fiancee (shes Spanish). Usually when your visa is processing youre either not allowed to enter the country or leave the country. I need some advice on my current situation. In the document the Spanish government explained how those people who were in Spain, with permission to stay for a period not exceeding 90 days, that has expired during the validity of the state of alarm, would see their stay automatically extended for a period of three months. In July 2016, the passport control told me: Sorry sir, I cant allow you to go inside, you overstayed by two days (92 days during 180 days), simply, they put me back at the next flight. 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. Also, the fact that his passport has no stamp is going to cause a lot of questions when he exits. Im not going to use the word deportation because my case is completely different. That is why it is important for her to have proof that it was not intentional. Weve done some digging and found that according to article 53.1.a of Spains Immigration Bill, surpassing the 90 days could be considered a serious violation in the eyes of the law, with fines going from 501 to 10,000, a possible expulsion from Spain as well as a potential ban from the Schengen area for six months to five years.. You can make international calls to phone numbers over Skype btw! I CAN NOT come back to the EU with out first waiting 90 days. Hey Sue Thanks for taking the time to write in. This can be levied along with other penalties and the amount Ive traveled in and out of Spain in that time, but all Schengen countries. Plus, the countries want you to enter on the correct visa. The bilateral agreement with Denmark wont work in this case since youve overstayed by like 2 years. If you have everything from the Embassy in writing, I would have it all printed when you eventually make your exit. My last NIE that was valid was expired on Jan 31st, 2017. 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. Thank you so much for this post-it is so incredibly helpful. Hello, I travel to EU a lot, I remember in July 2016, I took a plane from Dubai to Geneva and the border guy in Geneva told me: sorry sir I cant allow you to enter Switzerland, youve exceeded your limits by 2 days!! Their 2nd Schengen visa was denied due to this . And I know this is not your focus (nor the focus of this blog post) but do you know if the opposite is true for Europeans with the ESTA visiting the USA. Discover what happens when UK nationals overstay the 90 day rule in Spain and go through passport control on the way back to the UK. The US embassy told me to ask the Italian authorities for advice. He is looking to come back to the US ( he is a US citizen) but is worried about a fine or worst, jail time. Hey TJ! However, some countries do not allow your touristic time after your student visa in their country has expired. Try having a layover in Germany or Amsterdam so you go through security first in another Schengen country. Thank you! Hmmm I am still feeling somehow but the Greece guy was nice. 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). Sweden is very strict on visas and will most likely ask him to leave if he does not leave himself first. 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. Question Im a US citizen, traveled in Europe this year and overstayed completely without realizing Id done so. If you go by train, they might not check you againbut they might because they are pretty strict on entrance stamps. Heres my advice on visas, wifi and living costs, Serbia is toughening its visa rules after migration prompts pressure from the EU, New visa rule: Schengen applications to move online for millions of visitors, It's official: Croatia will be joining the Schengen zone but Romania and Bulgaria denied membership, Dry January: The best places for a sober getaway, The top two most visited countries in the world are in Europe, Why you should walk between Italys culture capitals in 2023, Tourists in Mexico could now face fines for smoking in public, New digital nomad visa could make it easier to live and work in Spain. I came to Europe from America on a tourist visa but found a job during my last week of my visa. If you overstay for a medical extension and you are not medically sick anymore, I am not sure why you would choose to stay longer. Im a Canadian, who has overstayed my time in Spain by 9 months( I was in neighboring islands and portugal for the last 6 months). Thank you! Get informed and plan accordingly to avoid potential fines and denied entry to the EU. Although it happens extremely rarely, if your passport is mistakenly not stamped upon exiting an EU country, you can also be penalised. Should I leave out of a different country than Germany/France, and if so which ones are my best options? And thats what happened !! How long is the residence permit for? My point of entry was amsterdam and I left out of Berlin Germany. I do not have a student visa, but I was a student in France last year with a student visa. My ticket for go back to Iran is in 13th June. You gotta take care of your visas, lady!! Is it Safe to Travel to Europe in Summer? But honestly, if youre flying out of Arlanda airport (Stockholm), there have been times they have never even checked my passport other than the check-in agent. Dear Lindsay, A loved one has asked for my help and now I am turning to you. should i leave from italy, or another country? Since she had language barrier, they had called me and said that she might have to sign couple of documents to board the flight back to the origin. You should always apply for your residence visas from your home country! I hope you can help me! Unfortunately, if you are caught, even mentioning you thought you would get your Irish citizenship in time would not matter to the border control as a reason why you overstayed. More power to you. Hopefully u can give me some advise. Romania isnt where the problem would be, it would be exiting Italy. Thanks a lot for your prompt response. all this talk about visasi dont even have a passport! Or would being a cute 23 year old girl with manners help at all? My previous answer is information from the Polish Embassy in Washington D.C. Hi I recommend calling the Italian embassy in Saudi. I am neither EU nor US/Canada citizen and I normally need a Schengen visa to travel for tourism purposes. Can you suggest a way to find out what the rules are or how I might improve my chances of making a graceful exit? Hey Alex! Unfortunately, that is the risk that is taken when overstaying. Would I be turned away from London if they see I have overstayed? More on that here: http://www.everyoneinbetween.com/2018/02/how-to-travel-in-europe-legally-with-bilateral-agreements/. I did not enter Europe as a tourist before my student visa. I am sure it was not deliberate, but she will need to provide proof the company had said they would handle it. Im planning a trip to the Netherlands via Iceland for New Years, and Ive been out for well over 90 days by now, but I dont know if I have to wait longer. That is so kind of you! I think youll be fine, only because of your citizenship could allow you to get away with it. My visa is obviously in the system (Ive entered several other EU countries and reentered Germany well after my 90 day mark). You cannot arrive in the EU and then apply for a visa as a way to extend your stay. thank you so much. This is the risk he has to take due to overstaying, unfortunately. Hello, Now, in another 2-3 months (after I will have stayed out of the EU for about 4 months) I would like to go back to Italy on a schengen visa. (Many people are waiting 1 year sometime without leaving!). Or will they know I over stayed and hold it against me? My boyfriend has overstayed his visa for a year (crazy I know!) 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. What happens if I overstay in Germany? If she had an appointment now, they would have looked at her case for extending her holiday within their countryAll of this sounds very troublesome to just stay an extra month in Portugal. A month before I leave, I called them And i said that we would not get married and ask the woman if there would be any problem leaving the country or wanting to return, she said no, that everything would be fine. I'm Lindsey, and this is my creative space. If they question you about the 10 days that you stayed over, I would just tell them that you had to finish your work with the program you are working for. Im Canadian and this was a few months ago, if I hadnt overstayed id be allowed in on Dec 8th. This doesnt mean youd get out unnoticed, but most countries are worried about overstaying in their own country. Did you come over on a tourist visa, and then got a job? But the fines and bans we've seen are not trivial, and seem to indicate there are teeth in the Schengen rules. Often, travellers are confused by this rule and fail to calculate how long they are permitted to remain in the EU, or they believe that overstaying is not a big deal. (90 days rules) I respect the laws they required and fortunately I have been luckiest person in the world. This sounds like a very unique exception for Montenegro. I read so many ans which you give reply to pples and its very much helpful actually. Just need some advice. Hi Lindsey! Fines or Expulsion - Citizens Advice Bureau Spain Consequences of Overstaying in Spain? My question: how long should I stay out of Schengen now? Thank you very much for ur help, Great to know. This thread is really helpful to get insight about what things to do and what YOU SHOULD NOT. They most likely made her sign a paper acknowledging her overstay. Did you get a Schengen visa for a certain amount of time? I didnt notice this until about two weeks ago and have been absolutely freaking out. Yes, you must stay out for 90 days. Hey there! I think youll be fine. Hello. we never come to germany and want to spend time with my family. The application was completed and turned in through the Boston Irish embassy in September and I was told it would take six months to be approved. Please check your spam folders, or search your inbox for contact@everyoneinbetween.com, Hi ! If so then how long? It ended up taking a month for the certificate to arrive (today). It cannot be from a Schengen country!! I think theyll get progressively less lenient. Useful links: Can you advise me? Day 4: train to Italy Anyway, do you see any potential options for us? Your friend should understand that he needs to leave when the visa ends not when his work contract ends. So really overstaying is not a good choice if you can avoid it. Any advice is appreciated, and thank you! 3. She was thrown in jail and ended up having to pay a 500 euro fine. back in December 2010 I overstayed in the netherlands by 7 months. Hey Christian, thanks for writing in. I suggest applying for a tourist visa extension ASAP at the immigration office, or speaking with your school on how to help. u get a waiver visa, u get 90 days. I am an American living in Madrid, Spain on a 1 year student visa. Less than 1 year 500,000 - 2 million. I am receiving a lot of job offers and interview calls now. Copyrights & copy; 2020 Everyone In Between. Thank you for such a detailed article! The penalties of deportation, fines and bans on re-entry are dependent on individual situations and may not be enforced immediately or at all. Hi Victoria! My advice is you will need to leave Schengen and re-enter legally in the future and then start the paperwork or, you can marry her anywhere else in the world and then she can legally invite you to come live in Poland. Best of luck! Hello! Anyway, I overstayed my visa by 5 months, but I really wanna travel to Bulgaria and turkey. Whats happened is happened, I didnt count my days back then, I want to apply for another visa this month, Ive tried calling the Swiss embassy in Saudi Arabia, but they are keep telling me the process must go to VFS Global company, I want to know if I can travel again or not. I was out of Schengen zone for a couple of weeks and returned back, again arriving through Brussels. I dont have much money for a lawyer, but I need to do whatever I can to ensure I can finish my project. thank you so much Lindsey. But thanks for all the information; this has definitely helped to clarify my options. When I was leaving the shengen I exit from Spain and I was lucky they dont scan my visa I think and I didnt get any problem or fine just exit stamp with date After I read your post I really scared of it. The problem is they CAN enforce it, and you might be the unlucky one. The CDS was denied a month ago and now I am trying to figure out how to leave and where to leave from. My question is, will I be stopped by the immigration when I want to re enter by November 23rd or I will be fine? Hope this helps! Despite most expressing a wish to remain in the EU, not every country saw a rise in support for voting to remain. Thanks for writing in. No matter, as they are both Schengen which is borderless. She told me that it wont be a problem to stay, even if I dont apply for the residency yet, as a wife if Greek citizen, I have privilege. You should double check that! She also reported that authorities refused to acknowledge flight bookings as proof of exit from Spain. They have visa rules for a reason. Im from the US and currently living in Bulgaria (which is EU but not Schengen yet). Now you need one even if you wanna take a day trip to our neighbors up North. Hi Lindsey.I came to Germany on a tourist visa.as i was here my boyfriend proposed so I did not go back to home country,i had to quite my job to start a new lige here with him. Hi Lily! Its just that being in a long distance relationship is extremely difficult. There are a lot of issues I see building up in the story you wrote. They should have taken this into consideraton. My advice? Thank you very much! Since my request for extension hasnt been responded to yet, what are the likely scenario fines- how much? However, youll never know unless you try! Thanks a ton for the kind words. Thanks for any help in advance! Americans can stay 6 months in UK as a tourist. They will most likely slide it through a scanner, and then flip through the pages to find your entrance stamp and see where youve been. ANY advice would be greatly appreciated and thanks for sharing, everyones experience keeps us informed 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. Relevant details: none of my flights to and from France between Iceland have ever involved a passport check on either side at least in the three years Ive been here. Do you know what is legally ok to do? or should i send letter to embassy of switzerland? Hope this helps! You will run into a lot of problems if you are caught working illegally because then you are messing with the governments taxes. If you still wish to go the schengen area you plan another trip. Hi Marcela. Thats definitly a great option for those in your position, and I wish you luck when applying. Best of luck! So once you leave, the counter stops at wherever you are within your 90 days IN. 66 days in shengen area and 52 in Spain. A month later I went back, entered through Belgium and was allowed in without any hesitations. He is now going to leave the EU and go to the UK and apply for a one year work visa in the EU. What kind of visa did you have? 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. Im just worried that they will count my days at passport control when i get my stamp out of Sweden. I overstayed in Schengen area. My question is should I just continue with my plans with my daughters? Hello from a fellow Washingtonian, I am from Bellingham. Thanks for sharing! 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). Unless I know the exact dates for everything, I cant properly calculate for you but the rule is 90 days IN Schengen nonconsecutive and then 90 days OUT of Schengen within 180 days. Again, her original 90 day free tourist visa expires today Oct. 10th. Do you think I should apply for rejecting the decision and hire a lawyer since theres still 3 weeks until Im going back or just waiting and going in July? will he be able to go back with this visa before the 6 month period? Thanks for such a helpful blog! My question is, whom would you recommend I ask? Sorry I missed your comment! Now we are in the situation that he has already overstayed by around 10 days and my 90 days expires tomorrow. And I have apply this months for same visa to same embassy france and I got it for 1 year Germany does not care about Spainjust the fact that you are exiting their country illegally. Hi Lindsey, This is my case, I came to Greece to stay close to 6 months. It could be anywhere from 100-1500, Hi, Lindsey awesome blog, thanks so much! Even if there were stamps, that would mean i have until June 4, correct? This area is visa free and my sister is there now with her boyfriend. how do you think the chances are for choosing the other purpose and explain the situation. I am looking into further pursuing my German language course and in addition, my boyfriend and myself have plans to get married sometime this year as well, but at the same time, I am still waiting for a reply from the respective language school on any availability date. Im an American and my flight back home leaves form London-but not until 18 days after my 90 day limit is up. Hope you are staying safe during this time. In November, she would fly directly from Lisbon to London (non-Schengen), and then go on to Split, Croatia from there. But when you fly direct Greece Denmark, you do not exit Schengen or go through passport control anywhere. Thank you for sharing this story. . Now I need to go to Spain. Sometime without leaving! ) bilateral agreement with Denmark wont work in case... 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