DATE: 2010/11/11OVERSTAY: 4 days (by their strange calculations)STATUS: CaughtWHERE: EXIT Zurich -> Non-Schengen, FINE: 600 CHFPASSPORT VIEWED: YesPASSPORT SCANNED: YesPASSPORT MARKED: No (as in, no "overstay" stamp in my passport)PASSPORT BLOCKED: Not so far (and was told probably not). In Schengen Zone, you can cross borders with your passport and visa. If you have overstayed on a previous Schengen visa or already have an active Schengen visa, your application will be rejected. 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. It wasn't nearly as expensive as I was afraid (the whole thing will cost me about 350 euros when I'm done, less money than the potential immigration fine) and it's much, much better going with a professional who deals with situations like this on a daily basis rather than panicking and reading message boards all night. Thanks so much, great thread, hope we all make it and learn to follow the rules right next time! Yikes! 6) Regardless of these rules, there is no. 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. Exit via ground transport buses best option. 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. So i said better i go refresh it when I have my graduation certificate. and brought her the proof. That's actually 37 days. The Schengen rules we're discussing are for visa-free travel for short periods of time. HOWEVER, Frau G interpreted the 90-day rule differently than most of the sources I have read. They didn't know what he was talking about. It is the obligations of Schengen that are forging the EU into something resembling a … You can Yes, as SIS II becomes more standard this could change overnight. 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. 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. Are the Italian passport agents strict when looking at your passport? Hello Rochelle, To play everything by the rules, you and your daughter are in sticky territory. If so, then take a look at our Schengen visa community forum. (First and last days count), Caught on EXIT above (2010/11/11) for 94 day stay. i decidet to marry him. This data will be stored for 5 years. One is the Schengen Agreement and the other one is the EU regulation 562/2206 which incorporated Schengen rules into the European Union. And suddenly it was cleared that as we were spending increasingly more time in the European Union, it was high time to educate ourselves about the so-called “Schengen Agreement” adopted in 1985 that oversees entry and exit controls and visits in the “Schengen” or European Union area. 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). I had only grasped the first half — but start talking to your fellow road warriors or Googling things like “overstay in Europe” and it turns out the tentacles of the Schengen zone are really a thing, and many U.S. travelers have stories about being tangled up in them unawares. Difficulties coming back to Schengen. Is it possible to stay for longer than 90 days? However generally speaking the following is true: Thanks for sharing your story, daveola, and kudos for posting your experiences in an impartial way. What Happens If I Overstay My Schengen Visa? She obliged, but I honestly was not that confident that it would fly once I got to passport control. – user 56513 Jul 26 '18 at 14:12 Practically none of what you will write will be take seriously (just 4 years ago you demonstrated that you lied to immigration authorities). More information can be found by viewing the following announcement. I highly recommend NOT trying to do this, especially since you were already caught and your details have been entered into the SIS (Schengen immigration computer system). EU/Schengen January 6, 2021. 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). Not impossible, but weaker. 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 may have to register before you can post: click the register link above to proceed. 6) THE SAFE WAY. Unfavorable Schengen visa situation. I am the founder and editor of Vagabond Journey. update your settings The new version reads (in article 5) : "For stays not exceeding three months per six-month period, the entry conditions for third-country nationals shall be the following:". Would it be possible to overstay for a few days or a week? All you can do is show up early at the airport, incase you get pulled aside for questioning. I just exited Schengen on 12/22 via Warsaw Airport after an overstay. When I got back to Canada I asked a friend to call The Embassy. But certainly didn't seem so in Iceland as he was holding the stamp in his hand and didn't even try to examine my passport let alone scan, or check stamps. I found that very strange, so I verified that with him twice. 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.. Can anyone PLEASE accurately comment if travelers are currently & typically being refused re-entry into the Schengen states (whether or not they were caught being overstayed when they last departed Schengen)? (Actually, I said that the contracts I was counting on to support me had fallen through, so I would have no money and had no contracts for my application.) 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). But she said it's worth a shot and can work a lot of the time. but managed to keep calm. For those people who currently live in the Schengen Zone within the EU, but still Expats, Residency and Schengen | Expat Advice. The Schengen rules we're discussing are for visa-free travel for short periods of time. An Interior Ministry spokesman previously told Connexion there is no specific penalty in the case of a person who is exempt from a short-stay Schengen visa (which includes British visitors) overstaying the 90 days. On average about 9 times out of 10 though there was no issue. April 3, 2020. 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". Wie lange darf sich die eingeladene Person in Deutschland oder im Schengen Raum aufhalten. I had stayed a total of 109 consecutive days in Schengen (almost all in Poland), after arriving via Munich airport. What DID happen to me? How long have you been in Germany ? It depends which country and the mood of the people catching you. Moral of the story: Make sure you have an appointment booked before your visa is up! 2021 3) Long term visas are separate from stays under the Schengen system and time spent in a particular member country whilst holding a national visa does not count towards your 90 day quota. This topic has been locked by a moderator. 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. Yes it was reckless, and I did finally get caught, but I don't regret a minute of it. 20. Filed under: Europe, Schengen Visas, Spain, Travel Help, Visas. thanks for the wishes, MTL. At border or during other controls you may, for instance, have to provide information on your means of support, how long you intend to stay in the Schengen State, and why you are visiting the Schengen State. we use cookies to improve your experience on our website. However I didn't go to extend my schengen date by 30 September simply coz even if immigration extends my visa, it will still be a student visa. Tips in Avoiding to Overstay your Schengen Visa. Now - EU regulation only apply to EU member states and only to some extent to countries associated to the European Union by other treaties. Consequences of overstaying Schengen visa in Switzerland. Europe - Schengen Overstay - I'd love some advice and insight from some other seasoned travelers on a situation that just happened. Schengen Visa Calculator is on Facebook. I am an American and have been travelling through Europe for almost 3 months, and my 90 days allowed in the Schengen Zone ends on July 17. Latest Schengen and EU news, headlines, opinions and analysis on freedom of movement, borders, security, visa policy, travelling, migration & tourism. The border agent pointed to my visa stamps and noted I had stayed over 90 days. Actual Schengen Overstay Stories - Post them here, 1) You may stay up to a total three months in a six-month period (usually interpreted to mean 90 out of 180 days). In short, everything's usually fixable, but get someone who knows the system rather than going on rumors. When I first came over I had thought the rules were 6 months, with a border run resetting your stay.With this believe I lived in blissful ignorance for about 3 years with never even a peep from border control in amsterdam as I came and went to and from Canada at Christmas and once in the summer each year. 5) If you stay longer than 90 days then you are overstaying. She also said older guards tended to be more strict, but paradoxically also more ignorant of Schengen rules, so that could work for or against someone trying to not get caught on an accidental overstay. I can post a reference to the legal code if anyone's interested. Of course, i was still going to be a little bit worried until I got through Customs. Then, since I was actually coming back to Zurich in a few days, I had one of my Swiss friends call the Immigration office (unsure of the name) and verify that I could re-enter, which she did and even got me a supervisor's name and number to call if I had problems re-entering the company. Seeing how I went to Turkey in July and flew in to Belgium on July 12, she figured I had until October 10th to stay in the EU. Finally he stamped angrily and I went on, heart racing in a cold sweat. 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! Latest Stories | Blog; Expat Tax & Investments | Blog; Insider Knowledge | Blog; Regulation Matters | Blog; SIPP/QROPS Advice | Blog; Aircrew | Blog; Oil & Gas Industries | Blog ; Other | Blog; Advise Me; Friendly overseas pensions advice from an award winning firm. Hi there, < I've overstayed my Schengen Visa in Germany. As mentioned, the officer told me that I could re-enter two days later, and he specifically told me I could start a new 180 day period at that point and that I could specifically stay for another 90 days if desired. (we have also had reports from people who got fines of more than 1000 EUR). Tagged with: Visa Overstay. In this case, the Swiss immigration officer most probably didn't notice your overstay. I was in Germany last September, my visa said I had 14 days to stay in the Schengen area. I can't find any current rates, but in 2011 Switzerland issued fines between 200 and 650 CHF for overstaying. No part of this site may be reproduced without our written permission. The chances of you getting a Schengen visa once you admit (or they find out your UK overstay) are slim to none. It's entirely possible that I could still get fined/banned even if I follow through with this plan. You will be told the maximum authorised length of stay and (if necessary) notified of any overstay. Keep in mind that each country does have its own immigration policy; Schengen is just a minimum standard, so this info applies only to Germany. Unfortunately each member state is free to enforce their own rules when it comes to sanctions for overstaying. More information can be found by viewing the following announcement. I'm leaving out of Berlin as of now, but I could fly out of Prague or Warsaw if you guys think I might have better luck there...? Booked flight tickets (including internal flights & accommodation between the Schengen states) and travel tickets for each destination should also be available with the applicant. Visas, as you know, have an expiration date and the holder faces penalties if they overstay. If she is has a ticket to fly to a non-EU country, say Morocco, would she be allowed to do so? Not worth fighting, unless the final ruling puts a block on my passport, the immigrations officer told me this was unlikely - allegedly the decision will eventually be mailed to me. She gave me back my passport and a paper to give to passport control and I was on my way. How to plan for overstaying Schengen Visa? Can I travel to England, UK, Ireland after overstaying a Schengen Visa? Calculator of travel days remaining under a Schengen short-stay visa Date of entry/Control: Planning Control Passport Enter previous stay(s) in the Schengen area Calculation results will display in this area. When I re-entered, I did so at Berlin. I've read that the consequences of overstay can vary quite a bit across EU countries. About the Author: VBJ. What documents does my Brazilian girlfriend need when visiting Germany via Madrid? He made me fill out a form that looked pretty flimsy. Please note that this article is for Short Stay Tourist Visa – Schengen Visa C. Residents of Qatar, regardless of nationality, can … so you were banned but never fined, right? Once leaving AMS I was interrogated and just said I'd been to many countries and couldn't remember when I entered. They may catch you there and either fine you or deport you. 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. You should too. I checked with immigration and they said they don't see any problem. Overstays are usually settled with a fine, but in severe cases, you can also be banned from entering Schengen for a period of time. Something you could be busted for but not really worth anyone's effort to actually do. What happened when you crossed the border out of the Schengen zone: The passport control guy told us that someone would come up to take us downstairs for “further questioning” (!). Thorn Tree forum Country forums Western Europe. When I showed up in a panic she said to relax, that my case was quite standard, boring even. but before that i went back to see my family in US. But it ended up being the quickest passport check ever. (I had also spent the summer in Europe, so probably around 150 of the last 180 days in Europe). I overstayed a total of about 6 years in Schengen, coming and going at least 30 times from 2004 to 2011, with a total of about 30 in and outs of the Schengen zone until finally being caught. My friend is from Chile and overstayed their Schengen visa in Spain by a few months. And they have reason to. Share. If you do happen to overstay, here is how to escape: Do not travel to a country outside the Schengen zone in Europe once you have overstayed (England, Turkey, Balkans, Ireland, etc.). Due to economical/political pressure to crack down as well as better co-operation among Schengen countries. Most all border checkpoints in the world check passports — whether they care or not if you overstay is a different story. herrwilkus has kept details of many contacts with police as well as an exit from Frankfurt with a significant overstay, and was not caught. Yes, this is inconsistently enforced. He gave me an exit stamp on my passport, and I flew directly from Warsaw back to New York. 7. Just a stamp and no questions. So I booked to return after 2 months and 3.5 weeks as I had an engagement I didn't want to miss. Well, I was caught…. 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. I was told that the appropriate office was closed for the day, but that I could come back on Monday at 0700 and speak with someone at the "Service Point" who may be able to help me. That would be a bit contrary to the concept of a acquis communitaire, so I'm not 100% sure that this is not just a mistake by a local official. The case is actually complicated. The ETIAS travel authorisation will be a mandatory pre-condition for entry to the Schengen States for non-EU citizens who are visa-exempt – so for UK citizens. What have you been doing there ? #4: As far as I can tell (talking about my #2 post above), this is exactly the case (at least according to this officer and my immediate experience at ZRH), don't know if I had to leave, though other postings I have read seem to imply that this is the case. Get a life MTL and please deal with you OCD issues (obsessive compulsive disorder)!!!!!!!! I am an American, I stayed in Switzerland and had an accidental overstay this past year (left August 3rd). 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. I would tell them my Schengen visa expired while waiting for my appointment, and that I no longer wanted to apply for the German visa. :). HOWEVER, there are plenty of ways around it, some she'd even consider close to fool-proof. 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. I tried my best not to skip while making my way to my gate, but I was praising this thread and carlamittelsohn all the way home. This is what's happened. This is very out of character, not that that will matter to the agents. As respectfully as I could, I told her that I thought she was wrong and asked her if she was certain. If they find out you overstayed, they could fine you and/or ban you from entering the Schengen Zone for a certain period of time. i suspect that Immigration has become stricter over the years. No part of this site may be reproduced without our written permission. Be polite, hope for the best, and post back what happened. Actual Schengen Overstay Stories - Post them here. 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 … Good initiative. im Schengen Raum in Kraft. I'll post again briefly after my appointment in a few weeks to let you know the results of my visa application, but it looks good. Actual Schengen Overstay Stories - Post them here, http://www.lonelyplanet.com/thorntree/thread.jspa?newPost=true&messageID=21010197�. I had only grasped the first half — but start talking to your fellow road warriors or Googling things like “overstay in Europe” and it turns out the tentacles of the Schengen zone are really a thing, and many U.S. travelers have stories about being tangled up in them unawares. 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. (It was "hello" ..slide in,... stamp....slide back.). I believe nobody should conduct their lives based on fear of a bureaucratic authority.If those enforcing the rules aren't even clear what they are, then It's certainly a rule that should be challenged. 90 Tagen innerhalb von 180 Tagen erlaubt ist. You’ll be fine, don’t worry! Brits Overstaying EU’s 90/180 Days Rule to Face Penalties. She rolled her eyes and said "uuuhhhh yeah, it's my job, hello!" When I was leaving back for Egypt the passport control officer noticed that I was leaving on the 15th day. It might not be possible, but I figured it was worth a visit. I'd love some advice and insight from some other seasoned travelers on a situation that just happened. visas schengen health overstaying. What to Do If You Get Stuck in the EU Due to Coronavirus? If you are in Qatar, here’s a guide on How to Get a Schengen Visa in Qatar. 3. If you go back to the Schengen zone before 91 days have elapsed since your last exit then you stand to overstay the same visa a second time. My own private Athens airport earthquake had aftershocks, because once I finished my trip to the U.K. Reply. Again, not a single question, just stamp and you're done. It is your responsibility to know when your visa runs out, it is your responsibility to ensure you do not overstay your allowed length of stay, but if you are desperate then consider these options: Exit from a non-Schengen state. Well, I was caught…. If your visa expires on July 15th, you must leave the Schengen Area no later than July 15th. Schengen Visa (Germany, France etc.) I was going to apply for a work permit before discovering the overstay, which is why I … © We did book and she flew to her home country, resulting in a overstay of 4 days in total. A Schengen short-stay visa is valid for a maximum of 90 days and is for a tourist-type visit only. (I stayed for 8 months after that before leaving again.). I overstayed my Visa and was pulled out of line after my passport was swiped and the immigration officer stared at the computer for a number of minutes. Lonely Planet. than Berlin or Frankfurt. 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. turned out to be less peachy than I was expecting. You will very likely not face penalties for overstaying a Schengen visa during this time. Getting a work permit is a completely different story. 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. All you needed to know about Europe’s Schengen Zone. If I thought I might be close, I'd send for a visa. Wording Schengen Agreement :"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", Wording EC 562/2006 : "For stays not exceeding three months per six-month period,the entry conditions for third-country nationals shall be the following:". Long story. Came back a year later for 3 weeks, entered AMS no problems.On leaving, again they pulled me aside due to the number of passport stamps.They said in a very dispassionate manner "oh says here you're banned until 2013"I went on about how messed up this whole system was, how difficult it was getting proper papers, and how vague their policies are.I asked I hope this doesn't mean more time is added, because I never even knew I was banned.He said, no just an internal thing. Your experience on our website clearly one very serious uptight individual close, I 'd to! 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