What Should You Do if You Overstay Your Tourist Visa?
*Updated October 2012*
*Update December 2012: Dear reader, I apologize if your questions and my answers are some of the 20 or so lost during a technical malfunction I noticed on December 11 2012. I was not able to recover them, but the site is now working well again.*
What should you do if you’re in a country on an overstayed tourist visa? Should you apply to the authorities for visa renewal or keep your head down and hope for the best? These are questions that have confronted many travelers over the years and the answers to them will largely depend on individual choice as well as the country in question.
Visas come in all sorts of sizes and formats, but the most typical is a passport page size paper with the travel permit. To enter Vietnam you have to have your visa ready prior to arrival, or requested and waiting for you.
You might think that the European Union has a single policy on passports and visa requirement s but this is unfortunately not the case. Twenty five members of the EU have signed the Schengen Agreement which allows free movement without passport controls or the requirement for a visa within what is called the Schengen Area (three more might join the list in July of this year 2012) Update: this did not happen due to opposition from The Netherlands and will not materialize until 2013 at the earliest. Ireland and the United Kingdom are the only EU countries outside the Schengen Area, which also includes four countries outside the European Union—Iceland, Liechtenstein, Norway and Switzerland (Ireland and the UK have their own common travel area).
So what happens if you find yourself in a Schengen Area or EU country saying “I overstayed my tourist visa!” And more importantly, what should you do to avoid problems now and in the future?
The answers will vary from individual to individual and from country to country. It can also depend on how long you have overstayed your tourist visa. Many travelers from North America and the European Union inadvertently find themselves in countries on an overstayed tourist visa simply because there is no requirement to obtain a visa before you enter. It can therefore be very easy to overstay without even realizing that you are doing so.
In other cases, you may not notice that you’re living in a country on an overstayed tourist visa for quite some time. It is normally only when leave and try to reenter a country that problems arise, usually at passport control. Turning up at passport control when you’ve overstayed on tourist visa can lead to either a refusal of entry or having to pay a large penalty fee depending on the country you’re visiting. It can also lead to further problems if you try to visit that country (USA) or another in the EU/Schengen Area in the future.
Many US travelers end up on an overstayed tourist visas because they don’t realize you that you can only be in the Schengen area for 90 days out of each 180 before you need to apply for visa renewal. Even if you’ve previously remained in a country on an overstayed you may still be allowed reentry if you’ve got a return ticket, a valid reason for entry and the period you overstayed on your last visit wasn’t more than a few weeks. Having said that, it is obviously still better if you don’t overstay in the first place and if you do overstay apply for visa renewal as soon as you realize that you need to.
Outside of the European Union, the procedures for dealing with travelers with overstayed tourist visas vary considerably. Many North American travelers think that they can overstay a tourist visa in South or Central America without it leading to any real problems. While you may only have to pay a small fine – for example, fifty pesos ($12) in Argentina – it can still lead to problems with reentry in the future and it is far better to apply for visa renewal when you still have the opportunity to do so. Similarly in Southeast Asia, the cost of overstaying a visa may be initially just a fine of a few dollars but could be an issue if you want to return to the country in the future.
Passport stamps are not visas, but they are the only proof you’ll have the you have entered the country legally. Make sure you request the officer to stamp your passport if he appears to forget doing so.
It is only if you’ve overstayed a tourist visa in the past and then have to apply for a pre-entry visa – for example if you want to travel to a country to work or study rather than as a tourist – that you are likely to experience more than routine problems obtaining authorization.
If you do remain in a country on an overstayed tourist visa, you may however still be denied reentry depending on the discretion of the passport control officer. Thus smile, be polite, and patient. You may also be denied visa renewal or a pre-entry visa from the country’s embassy in your own country on the same grounds. At passport control, this can be a matter of small things including how closely your passport is inspected, the time of day you arrive, the person in front of you and what you look like.
So to reiterate, the best advice is simple: check how long your tourist visa allows you to stay in a country (or, if you are visiting the European Union outside the UK and Ireland, in the Schengen Area) and stick to it. If you’re overstaying for a few days only, you’ll probably be OK. If you know you won’t be returning to the country, you might want to take your chances. But if you want to stay longer than you had intended in the country you are visiting, it is always much better to apply for a visa renewal than to remain on an overstayed tourist visa. That’s the only way to ensure that you won’t be denied entry or encounter other problems on your travels round the world in the future.
Useful links for immigration related questions
After receiving many inquiries from readers I have decided to share the following links to some of the countries’ immigration websites who’s policies many of you are asking about. Remember that these are official statements from official websites but the information in them might not have been updated in a while and your best bet it to actually call them.
Schengen fact sheet by the US Department of State
Department of Immigration and Citizenship in Australia
Have you overstayed a tourist visa? What did you do or are you going to do? What happened to you? Share your story with us in the comments section below, ask any question you might have, and please share this post if you liked it!
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Hi, i have a question. I overstayed my schenegan visa by two years and returned to india last july in 2012.i lost thst passport Now, i wish to apply visa to the UK on a renewed passport.plz tell me if uk officials will b able to trace my initial sttay in schenegan. Myrenewed passport contains the initial passport number but there are obviously no stamps as it was lost. Plz help me…. Thnk you
Hi,
I have a tricky situation. I am an Australian citizen and have been in the Schengen Area for over 1 year now, entering on a Dutch Working Holiday visa on 23rd March 2012. My visa has expired by a few weeks but before it expired I applied in Amsterdam for a Spanish Student visa for 9 months. I am currently in Barcelona waiting for news of the decision on my spanish visa – but very nervous as I am currently on an unexpired visa! However I am wondering, if it is not approved and I stay in Spain anyway until the end of August or September and exit the EU through Spain flying to South America, what will I be likely to encounter when I get to the airport to depart? I have no plans to return to the EU after I go to south america but do not want to face being banned for years either.
Also, would there be much chance of being checked travelling by plane between Barcelona and Rome on a return flight for one week in July?
Thank you for any advice/information you can give me!
p.s. if it makes any difference I also have a working holiday 2 year visa for the UK valid until March 2014
Hi Sarah!
Your situation might be tricky, but it’s not the most complicated. Do you have any documents to prove that you are waiting for your Spanish student visa? That would help a lot in case you do get flagged. Regarding your passport check when flying to South America from Spain chances are you’ll be fine as you have a passport from a “friendly” country and I suppose they will just check your photo and let you go through. Regarding the Rome flight in July, same thing goes, and I suppose Rome will not be too picky either.
The 2 year holiday visa might just be the extra help you need in case you need to lie, as you can always say that you left the Schengen zone a few days before the visa expired to the UK and just got from there overland (hence no stamps) because you were told the student visa would be waiting for you. Remember that once you start this road making mistakes becomes easier…
All in all I think you’ll be fine when you leave Spain. When will you get any info regarding the student visa? Remember too that at the end of the day you depend on the mood of the immigration officer, but things don’t look too bad for you. Hope this helps!
Thank you so much for your response! No I do not have any documentation regarding the student visa application unfortunately, they were not very helpful at the Spanish Embassy in Amsterdam (I got the feeling it just got thrown at the bottom of a pile from how they acted!)
The visa process time was supposed to be 3 weeks and it has already been 4, so I am assuming I will hear some news soon, fingers crossed! I guess I am just preparing myself for a situation where I have to leave the Schengen area without a visa if I am not approved for the student visa.
In the same situation do you think it would be difficult to fly out of Barcelona to the US (ie. New York)? Can you run into any trouble when arriving into a country like that or is the problem only getting out of a Schengen country when you have overstayed?
Thanks again!
Hey Sarah,
If I were you I would call the Embassy or consulate to ask about the status. Best of lucks!
As for flying to NYC, if you manage to leave Spain without problems you will not have any issues when arriving to the US. It does not concern them if you spend more or less time in Europe, their duty is to control their own borders.
Best of lucks, and you’re welcome!
I am a US university student studying abroad in Costa Rica for the Spring semester. I arrived in January and I my flight leaves for the US on April 25th. Due to this being longer than a 90 day stay, our group of students left the country for Panama for 4 days. However, upon reentering Costa Rica, I was only given a 30 day entrance stamp instead of the normal 90 day stamp. My visa will expire on April 2nd and my flight does not leave until April 25th. I have been told that it is too late to get an extension on my visa due to the office of migration being closed during holy week and not opening again until April 1st. If I overstay my visa by 23 days, what will be the consequences when I leave for the US? What can I expect to happen at the airport? I have been told by many that I will pay a fine and not be allowed reentry into Costa Rica for 3 times the length of my overstay. Is this correct? I want to make sure that I will not be detained or arrested at the airport. I am nervous and worried about this situation, but I do not have the money or time to leave the country again or to get a flight out early. Any information you can provide me with will be greatly appreciated.
Hi Brittany,
I wonder why you only got the 30 day stamp. Did you mention in the immigration card that you were going to spend less than 30 days in the country? Remember to always say you are going to be there at least 4/5 of what the standard Visa allows you to so the immigration official allows you the full stay. This said, what can happen is anybody’s guess. Costa Rica isn’t usually very picky about these things, and when the moment arrives, should you get into some sort of trouble tell the customs agent tht you are traveling with your fellow students and teacher and the return trip as set on the same date ( I assume this is true?).
From what I have found online,
“Starting at the beginning of next year, the Dirección General de Migracion y Extranjeros will impose a new fee for foreigners who overstay a tourist visa, according to Mario Zamora Cordero, security minister.
Delinquent persons will have to pay $100 for every month over their allowed visa period at the time they are caught. If the person cannot pay, he or she will be denied entry for a period that is triple the time that they overstayed, he said Thursday.”
Changing a flight will cost you around 150 USD, and the fine would be 100 because you are overstaying less than a month, so make sure you carry the extra cash just in case and you will be able to return without problems.
Please note that I have gathered this info from reputed sites online; if I were you I’d call the US Embassy in San Jose, confirm that what I mention here is true, and you’ll be all set.
Hope this helps!
By the way, that sentence by the minister was mentioned December of 2012, so it should be in place by now.
Hello, I am an American citizen and have overstayed my Schengen visa in the Netherlands. I came here to live with my Dutch boyfriend. I arrived September 9th, so it has been 6 months and 16 days. We intended to get a registered partnership visa, however it took much longer to get all of the forms in order and legalized. As of right now, we have all the documents and he meets the financial requirements. I also received a Verblijfsaantekening / Algemeen sticker in my passport from the Immigration Police. I have an appointment at the IND at the beginning of April. Do you think it is still possible that I will be approved for the visa considering my overstay? I called the IND, and when I made the appointment and asked, the first lady sounded doubtful and the second woman I spoke to said of course it would be possible. Even the Immigration Police in the city I live in now said that they really don’t know what the IND will do. What should I expect to happen? Will I be taken away by the police once the IND opens my passport? I’m very nervous and have no idea what to expect.
Hi Keri,
Thanks for stopping by. The truth is that it is anybody’s guess, and what happens will depend mostly on the mood of the person you see that day. 6 months is quite a bit of time, so just stay calm, be polite and hope for the best. You do have all the papers ready, and you can always insist that getting them sorted too much longer than what it should have, always in a pleading tone
Good luck Keri, wish I could help you more!
Hi maitravelsite,
I am not from EU national. I’m from West Africa.
I have overstayed my tourist visa by 5 years in Dublin Ireland. What should i do?
Hello Donal
Wow, 5 years is a lot of time, and I have to admit that I don’t have many tips as you can’t leave elsewhere overland. You might want to ask your consulate or Embassy ( I am guessing Senegal?) see what they say, but if the can’t help much you’ll have to risk it. You might want to fly to Spain with Ryanair (cheap) and then leave Europe from Spain as they aren’t as picky with passports, particularly when leaving. The UK usually doesn’t check passports of outgoing travelers either. The worst thing that can happen is that you get banned from entering Europe for a while… I wish I could be of more help. Feel free to ask more if you want, I’d love to know what ends up happening.
Hi maitravelsite,
I have overstayed my tourist visa by 5 years in Dublin Ireland. What should i do?
Hi,
I did not realize the 90 / 180 rule for Europe, and now have overstayed my visa by a few weeks. I need to come back into the region, so really need to make sure that I don’t get banned. What are the possibilities of this?
Which country is the best to leave from? I heard that Amsterdam, Switzerland and Germany are the strictest with border control. How is Belgium?
Is it worthwhile catching a train across Europe instead? I am in Holland at the moment, so it would be a fair treck to a non-shegen country.
Please advise if possible.
Thanks for any help!
Hi Frank,
With these kinds of things it’s anybody’s guess. How long have you overstayed for? Where is your passport from? If it’s just a few days or a couple of weeks and your passport is from the EU, USA, CA, AU, NZ and similar countries odds are you’ll be OK. If you have overstayed for more you might be asked some questions, to which you can reply the truth. If more it may vary…perhaps if you can give me some more info I might be able to give you some more pointers…
Hi,
I was having trouble replying to your reply so just posted a new comment. In regards to your question I have an AU passport, and I believe I have overstayed for about a month.
Are some countries stricter than others at checking?
Any help would be great.
Thanks,
Frank
Hmmm, I wonder why you had such trouble. Regarding your question, four weeks isn’t that much, but the Netherlands enforces this very strictly as do the neighboring countries you mention. On the other hand, Spain, France, Italy and Greece are notorious for not being strict at all, particularly when leaving. If you have the time I would suggest you travel overland to any of these countries, and take off from there. In my experience Spain and France never use exit stamps, so these are probably the safest. From what I’ve heard England doesn’t issue exit stamps either.
When leaving now, would you be going to AU or want to stay in the are? Remember that the 90/180 rule is for the Schengen zone, not Europe as a whole. These are not the same thing.
Hope this helps?
Hi,
Thanks for your response? Is Belgium known to be strict? I am headed to Asia next.
Frank
You’re welcome. Belgium is indeed known for that. If heading to Asia, I would suggest you make your way to the UK, Spain or France. There are cheap flights with several airlines from the UK and you don’t get the outgoing stamp, and there are good flights with superb Middle East airlines (stopover in their hubs) in the other two that are not as strict. Again though, these are just suggestions based on experience and comments from other travelers but not a rule. Let us know how it goes!
Hi,
Thanks for the further information. Would catching a flight from Belgium or Amsterdam that stops over in the UK or Paris potentially work? Will def let you know how I go. Fingers crossed I have no problems.
Hi Frank,
Not if you catch an international flight. If you book a flight to say Bangkok from the Netherlands via the UK, you will only have a connecting flight in London (not going through customs) and thus your passport will be checked in Amsterdam. You would need to get one flight to the UK (Ryanair? Maybe EasyJet? )on one side and then purchase the one to Bangkok from the UK (you can purchase them on the same day, I just mean that both flights should not be part of the same printable itinerary). UK is not part of the Schengen area and thus Amsterdam or Brussels might want to see if your Schengen Visa expired. France is a member country, so there is a smaller chance they might be on the lookout for it. Ideally, though, I would go overland, or fly Ryanair (they are not very thorough with passports-usually). Good luck!
QUestion? I have a friend who travelled to Africa for work. He finally was able to come home but when he arrived in the UK, he was told that since his son was sick he would not be permitted to fly. I believe they stated he had chicken pox. He was suppose to leave out Firday but missed the flight by being in the security check. Now he is told because he has stayed pass the three day allowance that he will have to pay before flying home. It is 150lbs a day and he is not understanding what is going on if they are the ones whom would not let him fly home. Is there something he can do or will he have to pay? Also, is there some assistance he can get maybe he could go to the US Embassy there and see if they could assist him with some more funds?Thank you
Hi Ford,
This is a very odd situation . What country is his passport from? Did he get the names of the people that did not let him go through? What was his final destination? I recommend he calls the US Embassy there as soon as possible to explain the situation and ask for help, and also call the UKBA. I would also tell him to speak with some authority of the airline and let them know what has happened, as well as an authority at the airport. If he has all the appropriate documents I am pretty sure he will be able to get the fee waved, and in any case will have to be checked in at a hospital or clinic to obtain official medical attention for whatever he has , if anything, and be able to prove once he want to board a flight again. But first things first- tell him to call embassy and UKBA asap. Hope this helps!
I should add, a couple months ago I called the US Embassy and explained my situation to them but was told to contact the UK Border Agency. I called the UK Border agency and they were equally as unhelpful. The only option given was applying for an extension but that most applications were rejected. Once rejected you were given a certain number of days to leave the country. (It also cost approx 500 GBP just to file the application) I was actually considering that option anyway until I found out the my husband and I would have to surrender our passports during the process. This would not have worked as my husband has to travel quite a bit for work. The length of the process they said could take up to 6 months.
I considered the other option of just flying back to the USA for a short visit and returning with him, but was also told by the UK border agency that the maximum allowable time as a visitor is 6 months out of 12, so that wouldn’t work either.
It’s pretty much an impossible situation, but right now this is the best place for the little boy in question to be. He’s happy, safe and healthy.
Hello,
I need some advice! I am an American living in the UK on a work Visa with my husband. Our daughter came to visit last summer with our 4 year old grandson. She went back to America and the grandson stayed behind with us, which was only supposed to be a couple months. He’s now been with us for 7 months as she hasn’t been able to come back to pick him up. She was having other issues with housing etc and actually didn’t have a safe home to bring him back to or we would have brought him back ourselves.
So now, to help her we are looking at getting her a student visa so she can come and live with us, or at the very least just come and stay with us for 6 months.
The problem now is, I want to return to the USA with the grandson for a visit and return with my daughter and grandson to the UK together. Because the grandson is a child his passport is only good for 5 years and needs renewing soon which must be done in the USA. Will I have a problem bringing him back to the USA and returning to the UK because of overstaying the 6 months? Will the new passport help eliminate problems returning to the UK because there will not be the old entry stamp in it? I don’t think they stamp passports on exit or reentry into the USA. But is there a grand database keeping track of all this and we’ll all get tossed in prison when we try to leave? I just don’t know what to do!
Hi Sheila,
Somewhere in the comments section of this article there is a similar situation that was posted by another person. Unfortunately it is almost impossible to know what will happen as what does will depend on the mood of the customs agent. I have the feeling that you’ll have to to fly to the USA anyhow, and the extension will probably not be granted because it is not an emergency. For starters I suggest you request the mother a signed letter with her authorization for you to be with the child; you don’t want to be charged with kidnapping. I am not saying that this will happen, but it can, so make sure you have it with you when you go to the airport. What happens from here is anybody’s guess. You have the work visa so you’re fine, but the child could be banned from visiting the country, or entering it with you…I can’t say nor can anyone. Try calling the US Consulate again (maybe one in the USA, not the UK?) and the UKBA as well, or even better request a meeting and see if you’re luckier. Otherwise you’ll simply have to book the ticket and see if you’re lucky… I know this isn’t what you probably wanted to hear but it’s the best I can do. Let me know any further thoughts you might have.
Thanks for the reply. I have been looking at the idea of buying a ticket for his mother to fly here soon and staying with us (for less than 6 months!) and then when she returns to the USA to bring her son with her. At least we’ll not have to deal with the possible kidnap issue. But I do need to find out more about this because it’s causing us a great deal of stress. I read somewhere (and I’ll have to see if I can find it again), something about exceptions to being refused a visa if the child is under age 18.
Hi Sheila,
How long has his mother been out of the country? Remember that she cannot spend more than 6 months per year in 3 month intervals. I would request that letter as it is a simple solution that takes care of it all. Regarding the visa make sure you speak with a UKBA employee who hopefully has some authority or somebody in a consulate you can get a name from to be used as a reference in the future as needed. Let me know how things progress!!
She was only in England for a week so no problems there. Someone told me there is something called a multi country Visa that is good up to one year? I don’t know if it’s something you have to apply for or if just traveling through various countries and having your passport stamped repeatedly is what they were referring to.
I am still curious whether there is a master data base kept with information on visitors coming and going from and to the UK. If an American citizen overstays in the UK, returns home to the USA, in the meantime their passport expires and needs to be replaced, is there a record kept anywhere besides the stamp in the passport?
I overstayed my Canadian Visitors Passport by 4-5 months. I married my US husband BEFORE the visitor time was expired. We downloaded and paid over $300.00 for the appropriate forms, and I had all of my immunizations re-done ($500.00) .. we visited an immigration office where we were told they are used to this situation and just file the paperwork .. piece of cake. We were a one income family and it costs over $1500.00 to finish filing, so we were trying to save up the cash and had targeted Christmas as being the right time to file .. I injured my back and was in such agony and the US hospital would not assist me, so we frantically went to Canada so I could seek help. I was denied re entry into the USA .. leaving me in a dire situtaion and homeless for a week .!
I was completely assured that I am not BANNED in any form (as they well could have) and we are wondering if an I-94 filled out and prestented at the point of entry might suffice or am I just dreaming here . I so badly want to rejoin my husband and we are going in circles here .. and have not got the funds to hire an attorney … any advise from anyone who might know? Thank you very much.
Sue
Hello,
i was issue a portugal tourist visa from dubai since i worked there for two months and i landed in lisbon but then i travelled to france now im in paris but my visa expired on sep 27 2012 now i wish to exit back to india my home country what should i do now will i have to pay any extra fines or will i get temporary travel ban at passport control actually i came france to work but im not able to find any job im fedup and want to return back now to india please guide me
Hi RG,
There is no way I can tell you what will happen, but I can tell you what MIGHT happen. The three possibilities are nothing at all, a fine, or a fine and a temporary ban.The visa has expired almost two months ago, so I would expect a fine, but I don’t think you’ll be banned from re-entering. It will all depend though once again on the customs agent you deal with, so I suggest you smile, be polite and take things as they come. Are you in the construction business?
Hello!
I would appreciate any advice. I hold an Australian passport and entered the shengen region around 4 and a half months ago. It wasn’t until I got to glasgow that I properly realised that I would have trouble getting back into the shengen area. The problem is I can’t afford to stay in the UK for another 6 weeks, before I can legally enter Poland. My dad lives in Poland, and I have an expired (by 2 years) polish passport as well as a registered polish birth certificate. However, at the polish consulate in Scotland, they are predicting a 4-5 week wait for a new temporary passport.
I just really want to return to Poland ASAP and am wondering if I get the bus from London to Poland, would immigration checks be less strict. Would the fact I speak polish and have an expired polish passport, as well a polish birth certificate work enough in my favour to let me through?
Any help would be great!!
Hey Patty,
Frankly, it is anybody’s guess. I am sure that the expired passport and the knowing the language will help, but I am not sure it will be enough. Even if they are preparing a new passport consulates can give official letters that can be used to explain reasons for travel. These are usually due to an emergency or impending cause, so if you tell them that you’re in an illegal situation it should help. Give them a call and see what they say… hope this helps!
Hi everyone,
It just hit me that my residence permit in Germany last until December 20th. However, I will be leaving Germany to travel in Schegen area for another 10 days. My flight leaves from Lisbon on December 30th back to America (I am an U.S.A. Citizen) and I was wondering if this is going to cause me a ticket. I will be overstaying for 10 days from my residence permit I got from Germany and will be traveling throughout that time. Is this a very very big issue? If so, what can I do to extend my stay? Thank you all so much!
Hi Christina,
10 days is not much time, but it is enough to overstay and be fined. I would call the US consulate in Germany and ask if the residence permit for Germany also implies that you cannot be in the Schengen area any more. If it doesn’t, then you should be fine
If it does, there’s not much you can do other than go to a non-Schengen country for that time or change the flight date…
Hi , i have a Jordanian passport and i am currently in amsterdam. I only had a short term schengen visa from the german embassy, duration of 4 days, but i stayed 7. I am leaving tomorrow from Dusseldorf, Germany as my return ticket is from there. Any advice you can offer me on exiting? And whats the worst and best that can happen ? Thanks
Hi Khaled,
That was a short visa indeed! The best that can happen is nothing at all, though you might get questioned a bit. The worst that can happen is that you get fined and refused entrance for a certain amount of time, but I doubt the later will happen. Make sure you have answers for any question they can ask you regarding the reasons of your overstay. Keep cool, tell them what they want to know and hope for the best. Good luck!
Im overstaying in colombia 4months. I will go to the imigration(DAS) by dicember, I know I have to pay fine, and I get out colombia.
My question is, When I intent to enter colombia next year, Will DAS reject me ??
It’s impossible to know as it depends a lot on the customs officer you deal with. Hopefully the fine will be enough to satisfy them…
Hey there ive always wondered but had no one to ask i make frequent trips to japan but i was born in the u.s if i wanted just to go and stay in japan how would i go about that???
Hey Melvin,
You would probably need a job or something that would be justify a resident permit; another option would be to enroll in a school for some lessons to get a year long visa. Other than that it is probably very difficult…if not impossible. Maybe you want to call the Japanese consulate closest to your home town? Hope this helps,
Federico
Hello,
My name is Jose and I’m from Mexico, with Mexican and U.S. citizenships, at the moment I find myself in South Africa till December, when I have a flight to Germany.
I am planning on studying in Germany the next semester, this is from April to July but I need to get a language certificate of B2, In order to secure my studies I am applying first to a university Austria just in case I dont get that certificate. My plan is to study German in this 4 months (From January to April inside the EU) and get the certificate.
My questions are:
1) Do I need a visa?
2) Can I apply for a student visa in Austria and then go to study in Germany? i believe both are inside the Schegen Area
3)Can I apply for a visa while being in Austria or in Germany?
4)Can I get away with no student visa?
Thank you very much, I will much appreciate your help
Best
Jose
Hello Jose,
You do need a visa if you are going to be more than 3 months in one same country. A Schengen visa allows you to be up to 6 months out of every 12 in member countries, most with a limit of up to 3 months. If you’re going to study the language on your own you can spend 2 months in Austria and 2 in Germany and thus you’ll be OK visa wise. But if you’re going to study in Austria the language for 4 months you will certainly need a visa, which are easy to get. I would forget about point 4( the school will probably ask for it) but you should be able to apply once there. If I were you though I would apply for overseas, and would call any of the 2 country’s consulates to ask if there’s a single student visa for all Schengen countries (there are schools that offer semesters in different countries). Hope this helps!
Hi,
Nice site! Just one thing…no, he can not stay 2 months+2 months on a tourist visa. It’s 90 days within ALL of Schengen, it doesn’t matter which country or countries. And it isn’t 6 months in one year in the general sense….when I got busted by the Swiss authority they plainly spelled it out for me. It’s 90 in, 90 out—or 3 months, as you said. But if you do a full 90, you MUST leave for a full 90 to reset the ‘clock.’
P.S. He definitely needs to get his initial student visa in his home country. This is usually easier for places like Austria and Germany than places like Italy (which has a bit too much popularity and too many requests). He needs to go to the website of the German or Austrian embassies and read what he needs to do to apply (usually in person). Usually one needs 2 passport sized photos, a receipt and letter of acceptance from the school where he intends to study, proof of financial support and the generic Schengen Visa application.
Thanks for stopping by and the detailed info Denise
Very helpful Denise, thanks for pointing out the “reset the clock” concept. From what I read in the consulates’ websites I understood he could switch countries and be OK, as it is what I did and had no problems too. This said you were given the full details by the Swiss so there you go…
hi i want to ask u sth plz help me in thz case tht ,i m frm pakistan nd if i wil go on visit visa to canada so can i work there during the process of converting my visit visa into studentvisa is it easy or what?nd wht difficulty i have to handle during thz nd hw much money i hv during the process nd can i get easily job in canada or not nd hw much time does it takes to acept my visit visa
Hi Anu,
A student visa does not allow to work as well, but there are student visas that do. Make sure you ask for one that does, but I do not know the costs. I suggest you call the Canadian embassy that is closest to you to get more information, but getting the visa should not take more than 4 weeks. Hope this helps!
Hi,
I am staying in Bulgaria now, but my tourist visa expired last week. I have been in and out of the country two times, so I just counted 90 days. I will be leaving for another country just for a few days, and then I plan on coming back next week.
I am not sure what they will tell me when I try to leave the country, or when I try to come back.
My hope is, that I will leave with one passport, and then I will come back with another passport (from a different Country) and hopefully they will not take too much notice and let me back in. I already have a ticket to plan to leave at the end of december, and I really want to stay until then.
Do you think it is best that I try to come in with my other passport because it has no stamps that say I have been here before?
Hi Rosie,
I would do that. I also have two passports and use whichever suits my interests in that particular moment. Does your other passport require a visa or will you get one on arrival?
Salutations
so my situation is quite different but I need advice ASAP. I am a U.S. resident and i came to colombia for already 4 months, i dont know if i could stay longer, and for that i need a permit from the U.S,I dont know what permit it is or how to get it!! Any help will be greatly appreciated it, thanks
Hi Sarah,
US citizens are allowed to stay in Colombia for up to 60 days, which means you have overstayed two months already. From the US Department of State website “Extensions may be requested by visiting an office of the Colombian immigration authority, known as the Departamento Administrativo de Seguridad, or DAS, after arrival in Colombia. Fines are levied if a traveler remains in Colombia longer than authorized, and the traveler cannot leave Colombia until the fine is paid. Any traveler possessing a Colombian visa with more than three months’ validity must register the visa at a DAS immigration office within 15 days of arrival in Colombia or face fines. The DAS immigration office in Bogota is located at Calle 100 and Carrera 11B 29, telephone (571) 408-8000. This office is open from Monday to Thursday from 7:00 a.m. to 4:00 p.m. and Fridays from 07:00 a.m. to 3:00 p.m. ” I don’t know how much the fine is, so I suggest you call the US consulate or the DAS office to inquire. From my experience officials in Colombia are quite nice, but I’m pretty sure they are picky about many things due to the country’s turbulent past. Hope this helps Sarah, and if you can please let us now what you ended up doing and the results
Hello,
so my situation is quite different but I need advice ASAP. I am a U.S. resident and i came to colombia for already 4 months, i dont know if i could stay longer, and for that i need a permit from the U.S,I dont know what permit it is or how to get it!! please help me out.
thank youuu
Hi friend , you will have to go american embassy , they will help you out with that , or the country you overstay immigration office
Hello,
I seem to need some advice. I have come to France and on a extern type situation and in the begin I didnt relize that I had to have a visa to stay for a long period. Now my time is up and I have a trip planned to go to Spain for a week and then come back to France and finish. My question is that am I wasting my time trying to go on this trip because I have a return flight back to my country shortly after I arrive back to France. This is my first true time in Europe and of course very blind of the laws. I could reallly use some help.
Thanks,
Jess
Hello Jess,
Is your question if it is worth for you to go to Spain for a week? If you are flying from France your documentation will be checked and thus your illegal situation could be pointed out, but if you travel overland probably not as there is no passport control (95% of the time). If you really want to travel to Spain try to cross the borders overland if you can, and once you’re back in France and have to leave you’ll deal with whatever comes up then (you are facing a penalty already). Please remember that this just a personal suggestion and does not guarantee everything will be OK, but from my experience you should be fine on this short trip to Spain…
Thank you, My flight to Spain has already been paid for and my worry was when I go to the airport. If I showed them that I have proof of going home will they permit me to travel and re-enter the country possible, in your opinion, my time honestly just expired within the last 24 hours, Im not goin to far off my overage. I understand I might face something when I return to the States but if Im not going to be permitted back into France on my return flight, I would rather not take the risk. Thanks for the feedback.
Hi Jessica,
So you have only overstayed 24 hours, which is pretty much nothing. Knowing this, if I were you, I would go to the airport and try to hop on the flight to Spain. Even if you can’t get on the plane back to France (which I seriously doubt if a week before you are flying) you can always return by bus or train.
hi i’m sohail and i’m indian….i was entered in malaysia with tourist visa then my agent cheated me so i have overstayed 1 year and 6 months then i took fingerprint then i go back to india.. so now i’m in qatar and i want to visit again to malaysia for 1 month… is it possible..??
Hello Sohail,
Were you not told anything when leaving? If you were fingerprinted I think they really wanted to identify you for future control, but if they didn’t say anything maybe you can still return and visit. I don’t have much information from what you’re telling me, so I advise you call the Malaysian consulate in Qatar and explain your situation. They should know whether you can visit the country or not. Hope this helps!
Hey,
I have over-stayed my tourist visa by about 2 months in the uk, but I was actually born in the uk, so I have a British passport and citizenship, my passport is just expired so I entered on my other, none uk passport. My question is, does the fact I have a British passport and am a uk citizen make a difference to the fact I over stayed, cold it cause problems if I wish to return?
Thanks!
Hi Avia
I think you should be fine. I have entered with one passport and left with my other after overstaying and had no problems. I suggest you renew your UK one and ask for a temporary letter that confirms it is being renewed, and that’s it.
But what if I need to also leave on my other, over-stayed passport? I need to fly out next month and may not be able to get my uk passport back in time for that, do you think I will have trouble leaving on my over-stayed passport? and coming back to the uk on it, having over-stayed?
Thanks!
Hi Avia,
If you tell the consulate your travel plans they will expedite the process. If for some reason they don’t have it the will also issue a stamped document (in fact you might want to ask for it right from the beginning) that explains that your passport is in the process of being prepared, and these documents do allow travel for a month (usually) while you get the new one.
This is such a great article!
Do you happen to know what the rules are regarding student or work visas? I’m in the UK on a work visa and I couldn’t get a flight home to the US until a few days after my visa expires. However, I will have only been in the UK for about 20 days at that point as I’m going home for Christmas. As long as I finish work before it expires, it’s still OK to stay as a tourist, right? I’m wondering whether I need to do any border-hopping!
Thank you for any help!
Hi Emily!
Your assumption is correct; your entry tourist visa allows you up to 90 days so if you’ve been there only 20 there is nothing to worry about. I wonder though…why would you get a work visa for 20 days? No worries though, you’ll be fine
Hey Federico, I am a US Citizen and my boyfriend of two years is Dutch. We travel back and forth between the states and the EU and UK for the last two years and three months… No problem with a 30-60 day overstay, flying always in and out of Holland, but we are well traveled and well presented.
Last year his ESTA number was up for renual and he was 60 days overstay in the USA when we had a MAJOR car crash and he was in the hospital for 7 days with major surgery and like three broken limbs, and like that he was almost a year overstay by the time we arrived back in holland. There was no fuss on the US or the Dutch side.
We were planning to return to the USA for holiday season, ( he still didn’t realize his ESTA number was expired, he’s 20 years old and I am not used to having to have an ESTA because I am US Citizen ) but we had to book tickets early because I had a family member that die unexpectedly.
When he booked the tickets all was fine, when he went to check us in online his ESTA wasn’t valid ( dugh ) and the denied him a new one for one year. What we can’t figure out is this:
1.) is the ESTA one year from the date of EXPIRY or the date he tried to make a new one.
2.) We have never been apart for 2 years and three months, and now I am back in the USA with my family and he is stuck in Holland and after HOURS and HOURS of reading on the internet we still don’t know what we can do to get him back to the USA. We thought we understood that marriage didn’t get you any kind of permit, but then I see that one can marry and then I can claim him as my immediate relative ( I guess if we marry in Holland, lol ??? ) and then he will get an immediate Visa?
Any thoughts because we are almost made of the same skin we have been 24/7 now for almost 2.5 years. We are both in horrible distress, and we don’t know what to do.
Thanks Man!
Hi Liz,
What an odd case! ESTA numbers are valid for two years since awarded or until passport expiration, whichever comes sooner. From what you are saying customs is not considering the fact that he was in the hospital for so long after an accident, which surprises me (by the way, I’m glad to know you are both healthy now).
From what I know if you do get married overseas entrance as immediate relative is not guaranteed even if proof of you being able to support him (financially) can be shown, but it would be points in your favor. In fact, once you land in the US airport he should go with you and you should both queue in the line for US Passport holders, even if he doesn’t have one- a US customs agent told me this.
This said, I would first do the following:
1) Call the US embassy in Netherlands and explain them the situation, and specifically mention the accident and all the time spent in the US
2) Call the Dutch embassy or consulate in the US and explain the same thing, and what you want.
3) Compare what each party is saying and see if there’s a common line of agreement that benefits you among both of them. If things don’t make sense, call again and say you are being given different instructions.
4) I would also double check with them if, once married outside the US, your then husband would be allowed immediate entrance in the US. Specifically mention that he has an EU passport.
It would be even better if, instead of calling, you and him showed up at each consulate or embassy and speak with people face to face. If you find somebody nice they will be willing to make an extra effort for a face they know than a voice over the phone.
Hope this helps Liz, and let me know how it goes. Best of lucks!
Hi!
I have a quick question. I’m a US citizen and I’ve been traveling for 4 months in Europe and Morocco. I did exactly 90 days in the Shengen Zone, and I’ve been in Morocco ever since. I need to go back to Madrid to fly home to the US… but I will be going over my Visa when I return. Will they let me back in to Spain if I have my airline tickets to prove I’m leaving? It’s only a couple days so I thiiiink I’ll be fine.
(I meant to leave myself a couple days on the Visa but I had problems with transportation when leaving Europe.)
Please let me know what you think! Thank you!
nick
Hi Nick,
Difficult to say. You should be fine, but once again it will depend on the mood of the customs officer you are dealing with. You might want to have a print version of your departure flight handy just in case, explain the problems you had leaving…and hopefully you’ll be fine. Are you going overland? It should be easier I think…
Yes… I’m taking the ferry from Tangier. Hopefully I’ll be alright since it’s only a couple days. Thanks so much!
You’re welcome, and good luck!
Hi…I was hoping someone might be able to help me. My stepdaughter is in Egypt & has a return ticket to the US in April 2013; however she just realized her tourist visa expired 2 months ago. She went to Egypt with her husband & she decided to stay while he returned to the US. Does anyone know if she should go to the embassy and try to extend her visa or renew it? Or will she need to return to the US because the visa is expired? She’s tried calling the embassy and can’t get through to anyone. We are trying to find out if it’s something as she’ll have to pay a fine or if it’s more serious and she will / can be deported and perhaps face problems when she tries to visit Egypt in the future.
Any advice would be greatly appreciated.
Thank you.
Hello Heather,
She’s doing what she should be doing. I suggest she calls a US embassy in a nearby country or even in the USA if nobody is answering, and get an answer from them. I don’t think it will be anything more serious than a fine if at all, but I do recommend you don’t let this situation extend much more. How much longer do you think she has to stay there?
Thank you very much for the advise/answer !, I will check with the Dutch consulate and see what they say.
Will definately keep you posted on the football side ,
Thanks a million.
Hi I need some answer pls help me. I living in serbia now im filipino citizen i would like to visit my friend in italy but im still holding filipino passport. If i apply visa in serbia to italian embassy are they allowing me apply them?
Hi Ruby,
I see no reason for them not to grant the visa. If you are legally in Serbia it’s just a matter of bureaucracy and paying… best of lucks!
I have a situation too. Im an Australian resident/Passport holder with a 2yr youth Mobility Visa for the UK. Some of my work took me inside the Schengen Area and after I finished the job, Im taking holiday in France. It seems Through Multiple entries Ive managed to over stay the 90 days (due to the fact most ppl assume you can stay as long as you like on the UK tier 5 and me just not looking for hard evidence).
Some things Im not 100% sure on:
Im not sure if Im entitled to stay in schengen longer because of the work and work visa.
I have a chipped passport and presume Ill be flagged upon exit anybody know about this?
Im pretty sure Im screwed, only here over a week too long I should probably head straight back to England, Ireland or Scotland so as to not ruin my prospects in the UK and Further more EU.
SAD
Hi Trev,
The work Visa should specify what you are eligible for and not…does it say anything at all? All new passports are chipped now, and whether you’ll be flagged or not will depend on the mood of the customs officer. If you don’t overstay by much you might be OK, otherwise you may run into penalties (which you can still run into even if you overstay one day). If concerned and there is no real reason to stay I would head back to the UK- you can always return with one of those cheap Ryanair flights. Hope this helps!
Hi Everyone,
Please i need some help about my visa and a schengein visa
I’m holding a Nigerian pasport and i’m adopted by my dad also a Nigerian. his wife is a Dutch so we both got the EEA family member resident visa since last year and wev’e all bee living and working here in the UK. i’m thinking of going to Europe to play professional football and i really wan’t to know if i still need a work permit when i get there or i can work streightaway legally in any EU country as a EEA family member?
also will be applying for a Belgian schengein visa next month, do i need to pay a visa fee please? i’m just confused.
Please give me some advice/answer.
Thanks in advance guys.
Hello Henry,
I think that with the EEA visa you are allowed to work in the EU, but I would confirm with the Dutch consulate just in case. Regarding the Belgian visa, you don’t even need one. The EEA visa allows you to visit any of the member countries, Belgium being one just like the Netherlands. Hope this helps. Oh and, by the way, let us know about how your pro football adventure goes!
Hello..
I am in a desperate situation. I came to Barcelona May 19th 2011 to live here with my sister. We are both from the USA. She has been here 1 year longer then me. Well, when I got here I didn’t apply for health insurance or a bank account, I just worked under the table basically making money at places with a cash pay. I have my name on the flat that I have proof from the Agency that I have lived here for 1 year and 4 months, and signature from the owners. I am now engaged to my fiance of 9 months who is from the UK. We want to marry and i would like to go with him to the UK and have a big wedding with his family, and come back to Spain sometime during the summer to visit my sister and her fiance’s family without any problems. I know I have overstayed for quite sometime, but I also had to go to a court hearing back in March which had to do with my sister and her ex. I was asked to be a witness at that date. I have a record of document that I was there to be a witness from the Spanish court. Is it possible to visit the UK, a EU country and come back to Spain without any penalty or fines? Could we marry here in Spain? Could I get an extension on my visa, and work in the UK for a bit, and then return here? Can I get a UK passport to travel there for marriage? I do not want to go back to America. I want to handle any legal documents here, and go to the UK for a bit and be able to re visit my sister. Could you please tell us all the steps we need to take, as we are getting married either it be here in Spain or in the UK. I want to be able to visit all schegen countries without a problem. Please help! We want to marry. Please tell us what to do, and where we need to apply. We are willing to anything to be together. Thanks so much. Also i know if you live here for 3 years you can be a resident and pay a fine. i just don’t want to wait another year and half. I want to spend Christmas with his family. Thank you so much.
Nicole
Hi Nicole,
Lot’s of questions here, and unfortunately I can’t answer as well as I’d like because of the implications. From what I understand you have overstayed for a long time and this could be an issue when flying to the UK- it all depends on the customs officer you run into. It could be easier if you get married in Spain, but you’ll need a residency permit which you do not have. According to the state department’s website, you have to have lived in Spain or a Schengen country for 5 years (not 3) as you can see here http://www.interior.gob.es/extranjeria-28/ciudadanos-de-la-union-europea-718/residencia-de-caracter-permanente-725?locale=es . All in all I am sorry to say things do not look very well. There could be an option though if your fiance states that he has been supporting you (you don’t want to say that you’ve been working illegally as well), I have heard of this being used by people who want to remain in the UK. I would recommend you call the US consulate and expose your case, see what they have to say. Also, you can call what in Spain is known as El Defensor del Pueblo, a public service organization funded by the government who’s main duties include guiding citizens in Spain (no matter what nationality they are from) with whatever tasks they want to do. This is free and could be of help too- here is their contact info http://www.defensordelpueblo.es/es/Ciudadano/contacta/index.html. Finally, most towns/cities in Spain have lawyers in the city hall that are free and open to any kind of consultation. I don’t remember their name (maybe it’s the same thing as the Defensor del Pueblo?)but you can call any city hall and inquire about this. I hope this helps Nicole, best of lucks with what you do. It would be great if you could get back to us letting us know what you did and the results- it can be very helpful to others as well.
Federico
Hello
I am a little worried! I have a visa for the UK for two years and I though I was allowed to travel in Schengen as long as I like in those two years. I was wrong and got a fine in Greece on the Albania boarder and they said I can’t enter Greece for 5 years if I don’t pay the fine that’s fine for me. I Over stayed 6 weeks.
I need to enter Schengen again from Romania to Hungary and fly home from Germany. I have been out for the three months. I was just wondering if you think I will have problems? I am Australian.
Thanks
Hi Jono,
It depends on how much time you have spent in the Schengen zone. Has this been more than 3 months in the 6? If not you should be OK, but if you have you may run into some trouble, again all depending on the customs officer you might find. Schengen Visas are short-term visas for up to 90 days out of every 180 interval. Can’t you fly into Germany on the day you are leaving home and say you are in transit? You should be fine with that.
Hello,
Last year, i was stamped 3months at the POE at JFK but i overstayed by 2weeks.Meanwhile my visa is still valid till march 2013. may i risk travelling again to the USA in december?
Hello,
What country is your passport from?
My passport is from Nigeria. I have a good job here in my country and did not mean to overstay, actually i did not know about the 1-94. i thought i could stay 6months. i intend to spend christmas in d USA and return to my job or will using another port of entry help me?
Hi Omobola,
I understand you are in the USA now and want to fly to Nigeria after Christmas, which is where you have your job? You have already overstayed in the USA if this is the case, and extending the overstay can only do so much more harm. I don’t think using another port of entry will help because Nigeria won’t care about how long you overstayed in another country; your Nigeria passport will allow you in. Not sure if I understood you well, but if I didn’t please get back to me
Oh. i am saying i left NY after 3months and 2weeks on a 2year visa but at JFK i was stamped 3 months by the immigration. I am in Nigeria right now but i desire to go back to NY for Christmas and the new year. I have a very good job here and i don’t have any reason to stay back in NY. Can i get past the immigration without hassles? there was no good excuse for my staying the extra 2 weeks besides bad advice. my uncle said it didn’t matter. will be grateful for your response
If when leaving the US the agent stamped your passport at 3 months but did not say anything about a fine or anything like it you’ll be fine. Plus on paper things are ok (he marked the 3 months, not the 3 months and 2 weeks) so I wouldn’t worry. You might want to check with the US consulate just in case, but I believe you’d be fine. Hope this helps Ombola.
im so sorry i have not been very clear. I arrived JFK and the immigration gave me a 1-94 and stamped it 3 months stay(even thought i have a 2-year visa. I am saying that i did not know the implication of this and i ended up staying 3 months and two weeks. when i was leaving, i was not stamped out…….no immigration. but when i got to Nigeria, i was stamped in though. i am saying that should i go back in December, will i have problems with the immigration the 2 week overstay? Sorry to come back again and again on same question.
Hey Omobola,
Gotcha. I think you would be OK, even though you were stamped 3 months ( I wonder why if you have a 2 yer visa)- were you in any kind of trouble you would have been notified when leaving. Just to double check I would call the US consulate in Nigeria and explain this too them, but I’m quite convinced they will second what I say. I don’t want you to purchase the ticket to the US and then be denied entrance, but I would say that the chances of this happening are slim to none. Hope this helps and sorry for not understanding Omobola, I’d like to hear again from you. Thanks for stopping by!
Thank you very much. i think my stay was limited to three months because i was pregnant. i did have my baby in the USA and paid the bills but the birth was uncomplicated so i could not get the doctor’s letter stating i overstayed just because i had a baby at the time.i remember the immigration said i should not have obtained a visa simply to come have a USA baby. Of course i said that was not the sole reason for procuring d visa! Now my worry is 2-phased: did the immigration flag my passport to confirm whether or not i had a baby in d US and hence say i came in only to have a USA baby? Will they be convinced that i did not deliberately disregard the 3month stay and that i just had to tidy things up after the baby came? i will be travelling pregnant again and intend to pay the bills when i get there.
Hi Omobola,
Tough call. I don’t think the customs agent will have any notes anywhere regarding the previous case, but then it should not be their concern if you have all the appropriate documents. I think you should be OK but just in case I would call the US consulate and double check all is OK, and if so it wouldn’t be a bad idea to ask for a letter from them confirming that you are indeed to enter the country; this should calm any picky officer (though there is nor guarantee they will be willing to send it). Hope this helps too!
Hello once again, i am about to purchase my ticket to visit the USA again and thinking this time i should go on new year’s day, maybe the immigration/customs will be in a festive mood and probably use Newark or Atlanta POE instead of JFK? would either help?
Hi Omobola,
Not sure the festive mood will help much as you might run with a cranky officer who’d rather be with his or her family! Smaller airports are usually easier to get through as well,though this is not a guarantee for avoiding problems. If the flight costs you the same or less, and getting to your destination is not more complicated this way it is another option you may want to consider. Otherwise I wouldn’t take it as it’s not really worth it…
Hi,
I am an american traveling around europe. I was here for a month and then bought a three month eurail pass. I then later found out about the 90 day visa. Prior to the trip i thought it was 90 days for every country. I dont want to lose a month of my pass, but dont want to pay a fine. My plans are to go to morocco after the pass runs out. My questions are as follows:
1. Do you think a boat from spain to morocco would be the best way to avoid getting in trouble?
2. If i make it out ok, the next time i go to europe would i grt in trouble for the prior offense? I will overstay by 20 days.
Thanks so much, cant wait to hear back.
Tom
Hi Tom,
1) I don’t think that going by boat or airplane will make a difference; after all you will be leaving the Schengen zone and your passport will probably be checked. This said, Spain is one of the countries in Europe where it used to be relatively easy to leave without being checked thoroughly, but I’m not sure how it is today. It will really depend on the mood of the customs officer…
2) If you leave the country without any warning you should be OK when returning, particularly if you spend quite some time outside. How much would this be?
Hope this helps!
Federico
Thanks for all the helpful information! I am considering overstaying my Schengen tourism visa by two weeks and feigning ignorance upon exit- saying I didn’t realize that my two week trip in Switzerland counted against my 90 days. The only thing that concerns me is the size of the possible fine- can anyone share how much they were fined for overstaying?
Hi there,
Best of lucks in your quest! I have read the fines can be up to 1100€ ( see this thread in Lonely Planet, which although old, I’m sure it still applies http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=1841750).You will see that many overstay and have no problems, others do. At the end of the day what happens will depend on the CU on duty. Get back to us with the result of your adventure if you may! I’d love to hear if you do well
Hello,
I am in Belgium in Schengen business visa now. My wife is also with me in Schengen tourist visa. My visa has 6 months validity with maximum 90 days at a time. My initial plan was to visit for 35 days. So, I applied the tourist visa for my wife like that and she got it for 45 days maximum stay. After coming here I had to extent the stay for 35 more days. Now, my wife can stay here in Belgium for 10 more days legally. I have already applied for visa extension for my wife through city office in Leuven. I have also provided necessary documents for the extension of my stay. The officer said to me that she can stay here until we receive a word from the immigration office, even my application get rejected.
My questions are:
1. Is it easy to get the tourist visa extension in Belgium?
2. Will it cause any problems, if we overstayed and in case her request is rejected?
3. Will this overstay cause any future problems for us visiting Schengen countries or any other countries?
Your help is highly appreciated!!
Best regards,
Shafi
Hi Shafi,
From what I understand your situation does not seem to precarious, here are my thoughts.
1) Frankly, I don’t know as I have never had to request one.
2) Potentially there could be some issues, but I understand you’d only overstay a few days and as of now you don’t know if here extension is being approved. You an always argue that you were waiting for the verdict and that by the time you got it you only needed to stay a few more days. Again, if you run into a picky customs officer you might get fined, but that should be about it.
3) It’s difficult- if not impossible- to say. Again, this is not an official recommendation, they are just my thoughts based on experience, but from what you’re saying yo have done everything legally so fay and only need a few extra days. There is a chance of a fine, but I don’t think much more. I do suggest you speak with your embassy though for more info.
Hope this helps!
Hello,
Thanks for your response.
An update from my side. The things are moving positive for me. I got the information from city office today that the ministry gave a green signal to approve my request to extent my wife’s visa. We need to provide the extended travel insurance too (that does not cost much to me). The officer told me that since it is for a short term prolongation, ministry has no objection for this request. I will update you the final status soon (hopefully, the good news!!!)
Best regards,
Shafi
Hi Shafi,
Great news indeed! Very good. I am glad things have gone well the legal way and you don’t have to worry about it. Looking forward to the final resolution!
Hi I need some advice…
I’m a Chilean citizen and I’ve overstayed for about a year and 4 months inside the EU. I’ve been traveling around but only inside the EU, different countries.
I am currently in Finland and I want to go to the UK (London) to visit a friend, but do not plan to stay there for more than 2 weeks.
I was wondering if there are any passport checkups in London? If coming from another country inside the Schengen. I would be taking a flight.
Do I risk being deported from the EU or denied the entrance to the UK and being sent back to Finland or anywhere?
I have more than enough money to live or do whatever, so this is not the issue, it’s just the passport :/
Thank you a lot.
Marten
Hi Marten,
Officers might check your passport for stamps, there is no way of knowing this, but you should have no problem entering the UK because the UK is not part of the Schengen area. In other words getting into the UK would be like entering Finland, and you had no problems, so in theory you should be OK. Now if you get a customs officer who’s in a bad mood the story might be different…good luck!
Ok this is going to be a woosie…
i am a US citizen and i have been traveling all over the world ever since i was 15 on my own. i am now 30+ 2 years ago i met my future wife in london and we were on a long distance relationship i would go to the UK she would come to the US.
We did this for the first year 2 months on two months off. Then to save on funds the following year i decided to extend my visit to push the 6 month allowance. Whilst in the Uk we were traveling in and out of the UK.
On one occasion they held me and asked me 1001 questions but said we will allow you to come in this time, and gave me the special stamp which they have to initial.
So i was back in but i thought every time i cam back in it renewed my 6 months. Well on a return flight to the UK from greece, they gave me a second special stamp and said the next time they will stop you, but i trust and believe that you will purchase your ticket back to the US. Which i did for 3 months later.
So my girlfriend and i decided to go on a little holiday to amsterdam and on my way in the stopped me and questioned me (even though i did have a return flight) i had over stayed two months.
My girlfriend who was waiting for me downstairs came up and she looked suspicious so they asked her was she waiting for someone, she replied yes my boyfriend. She got asked a few questions and she told them yes he lives with me, we travel a lot, i can and have supported him, and i would be willing to sponsor him. The IO told her that tourist visa probably wont cut it anymore because his intentions are to be with you and he will stay longer. So after that they gave us 5 minutes and told her he will not be coming in.
they detained me overnight and in the afternoon called the airline with my returning flight back to the US which was for december and made the switch for the 15th of october (two days ago).
So my questions to you are:
1). I have been refused not deported, correct?
2). What should i do in order to visit again?
3). What steps can/should my girlfriend and i take? We are planning marriage in the next two years but not right at this moment.
4). I was planning on visiting hungary for a week and most of the flights from the US fly into the UK for the connecting flight. Am i allowed to fly into the UK for my connecting flight?
Any info or help would be greatly appreciated. Im not trying to be an outlaw i just love traveling and my girlfriend deeply and dont want to ruin anything. thank you!!
i guess there is no advice for me. If any one knows of and/or has gone through a similar experience can you please let me know what you think i should do. thank you!!!
Tore,
Sorry for you not getting the reply earlier, I have answered to your questions now. Hope what I say helps a bit!
Hi there,
I’m sorry for you not getting the answer- I actually do remember reading your case and replying, but I now realize it did not publish. Anyhow, regarding your questions:
1) Yes, you have been rejected entrance, not deported because you were not in the country.
2) Yours seems to be a complicated case, and I highly recommend you speak with you embassy/ consulate and explain the case in detail. There are a few odd things (perhaps if your GF hadn’t showed up you would have been allowed in?) that are outside of what is normal, and I understand you did overstay 2 months.
3) I understand that you have already stayed the 6 months you can stay in the UK per year, so you have to wait for another 6 months to go by. I don’t think your GF can do much about this. Looking into the future, I wouldn’t worry too much because 2 years have to go by still. Make sure you allocate enough time to be in the UK (remember you have 6 months out of every 12) to get married and that’s it. Once married you are legally authorized to stay in the country (you’ll need the appropriate documents).
4) You should be. Transfer areas in airports are visa free because it’s not national territory. This said, I would confirm this with your embassy just in case.
Hope this helps! Again I apologize for you not getting the response previously. Your case is very interesting, I would appreciate if you could get back to us with what happens- others will benefit. Thanks!
hello there:
I am Bolivian,i have a 25 days tourist visa in Dublin,but i would love to travel to other country (Egypt) for few days only,can I re-enter in Dublin just before I leave Ireland?.or could I get a new visa stamp after Egypt?thanks for your help.
Hola Camila,
I think Ireland doesn’t differentiate single entry and multiple entry visas so I think you should be OK going to Egypt( you could need a visa there too) end entering Ireland again before you leave. I do strongly recommend you call immigration though. Hope thus helps!
Hi , Im visiting the US from Canada and they never stamped my passport upon entry roughly 65 days ago . My Fiance lives in the US and I have also recently started up a business . My 90 days will expire shortly , If I just stay in the US for another lets say 240 days do they even know I am still here since they never stamped my passport of which I traveled through air … I wanted to obtain a B-1 or Nafta visa but they keep telling me that since I am here on a waiver program that I do not require any forms and I should jus return and come back immediately and cross the border.
Plz let me know if I should just stay and continue my business with my fiance and when we get married I should be fine since I can get my green card … or should I go back cross the border by road and come right back since they cant deny my entry because of my status Business or otherwise.. Thank you so much for your help !!
Hi Ryan,
From what you’re saying leaving and re-entering is not much of a problem, si I’d do that to be on the safe side…even if they didn’t stamp it the magnetic band did register your entry date. This is just my opinion though! You might get away with it overstaying but it is an unnecessary risk …
Hi , Im visiting the US from Canada and they never stamped my passport upon entry roughly 65 days ago . My Fiance lives in the US and I have also recently started up a business . My 90 days will expire shortly , If I just stay in the US for another lets say 240 days do they even know I am still here since they never stamped my passport of which I traveled through air … I wanted to obtain a B-1 or Nafta visa but they keep telling me that since I am here on a waiver program that I do not require any forms and I should jus return and come back immediately and cross the border.
Plz let me know if I should just stay and continue my business with my fiance and when we get married I should be fine since I can get my green card … or should I go back cross the border by road and come right back since they cant deny my entry because of my status Business or otherwise.. Thank you so much for your help !!
Hi, I am a US student in the UK with a UK student VISA that allows me to stay here for almost 2 years. I know that the UK isn’t in the Shengen zone, but do you think that because it’s a *student* Visa, it allows me access to the Shengen zone?
What I want to do is move to Spain for about 5 months… I know that as an American, I’m only allowed 3 out of every 6 — that’s why I’m wondering if the Shengen might apply to my UK student Visa? Wishful thinking?
Hi there,
As a US citizen you don’t need a visa to enter the schengen zone- you’ll be issued a tourist one on arrival to any of the member countries. All legalities considered it is wishful thinking, but you might be able to get away with it. Please note that I am not saqying you will, but that you could, which is different.
Hey all
I’m an Australian female, 22, I am on the schengen visa and I have been travelling for 5 months now (Ireland, UK and Europe). I was sure I had overstayed my visa when I bought a ticket back into Ireland from Spain. I was convinced I was going to get sent home, but I thought I would give it a try anyway. To my suprise I was let back into Ireland!
So here I am, back in Dublin, best place in the world! And I would really love to work and live here for a year or maybe more.. The problem is finding a job. I would like to know a few things:
1) How easy would it be to find a job without a visa? And can I get a PPS number?
2)What will happen when/if I want to go home?
3)I have some interviews lined up, should I tell them I can’t work legally or should I lie and hope they wont ask for proof?
I never intended to stay for so long, but I fell in love with this place and there is a situation at home I just dont want to go back to. I have also thought about applying for residency, or would it be too late for that now?
I really want to have a life here and Im so worried ill get sent back
Please help!
Thanks in advance
Jess
Hi Jess,
Lucky you for being allowd into the country! it doesn’t always happen, but I do know of a case of somebody who lived, worked and traveled into and out of ireland for a few years without being a legal citizen. So regarding your questions:
1) I don’t know how easy it can be, but it can happen. A small business that wants to save the taxes it would have to pay for you being an employee is who would hire you.
2) You never will- you’ll go straight to jail. No, I’m not serious
You could be fined and even banned from visitng the country for a while, but this is uncommon and unlikely. It can happen though.
3) From a personal viewpoint, I’d say nah, don’t tell them. If they are interested in knowing I guarantee they’d ask. If they do ask, then it’s up to you what you tell them.
Hope this helps you a bit Jess, and best of lucks! it would be great if you dropped by again telling us what you eventually did- others might find your info useful.
Thanks so much Frederico, you’re a legend!
Well I had an interview today, I told them I was only on the Schengen visa and they said as long as I can get a PPS number I can work for them. So I went to the bank today, they said all I need to open a bank account was a passport (Australian is ok) and a proof of residence, which I can get no problem. So that’s done.
All I have to do now is see what I can do to obtain a PPS number. I was advised to just walk in and ask for a form and see what happens. So I can keep you updated with that.
I have one more question though, I was also thinking of going to apply for a work permit, I was thinking I will explain to them that I have overstayed a while in Ireland but I would like to stay and work if possible. How do you think that would go down, or should I not bother?
Thanks again for your help!
Hi Jess,
Great to hear the good news, congrats and thanks for getting back to us! As for your question, I would wait for you to get the job offer in paper so you can present it as a supporting document that can help your cause. In many administrations you only get a work permit if you have a job offer first (Brazil comes to mind). This is just a personal thought again and should not be taken as an official recommendation. What do you think?
Hello again!
Just another update. So I went into the Social Welfare Office with my Australian passport and proof of residence. Bang, got a PPS number no problem. I think I got lucky with that as the woman I was dealing with was very nice and she was chatting to her work colleagues at the same time so she wasn’t checking my passport too much.
So here I am ready for my first day of work and they decide to pull me up and ask for my GNIB card. Which I obviously don’t have. So they said I cant work for them without one. I guess it was a misunderstanding with the Shengen Visa.
Anyway the good news is I’ve got my PPS number and a permanent residence and soon a bank account so it should be a bit easier getting someone to hire me. I’ll just have to tell them that I was born here but moved to Australia when I was young. Well see.
Thanks again for your help!
Cheers!
Jess
Hi everyone.. Im living illegal in Malaysia.. when i came agent cheat with my money.. I was scared to file a police report at that time..becoz i was new.. After that Govt Malaysia Started 6P Program. it was good but it couldn`t help me though.. still my file in immigration.. and the agent is always telling me “2marow” “2marow” and “2marow” i want to go home back and also i want there would be no claim up on me.. i want my passport clear and neat.. Do u guys have any idea what should i need to do? looking for help thanks..
Hi there
This can be a sketchy topic. How long have you been iligally in the country for? This is a very important factor regarding the cleanness of your travel records… and there is no guarantee. But if you have only been there for a few weeks or even months your record could be OK. I strongly recommend you contact your embassy and explain your problem.
Hello,
I am a Canadian in Spain… and have lost my student visa for about a year now. I will be finishing my studies in April, but I would like to go to Canada for Christmas. I was wondering what are the penalties for being illegal in Spain for such time. And if they would like me enter again in the spring or in the future travel to other countries?
thanks
Visas are usually stuck to a passport, weird you lost it. I would first try contacting your embassy and school to inquire if they happen to have a copy. if not call immigration. In the past Spain was very relaxed when it came to leaving the country, but with the current situation it’s anybody’s guess…
hi there,
I went to USA last time on AUG 2010 with a British passport and left the US back to England on OCT 2010, then I went to Yemen by Emarits flight on JUL 2011, I checked my passport there isn’t any proof that I left USA on OCT 2010, and I throw away the boarding ticket that proof I left USA befor my times end.
The next stamp in my passport is the enterance stamp from the Emarits boarder and the Yemenies boarder is on Jul 2011.
Now I would like to go to USA again for New Year holiday, but I was asking my self this quastion “the US boarder may chick my passport and say that I overstayed by 11 months, when they see JUL 2011 stamps”
Can you advise me what to do? and to proof that from OCT 2010 until JUL 2011 I was in England what I need as acceptable ducoments to proof to the US boarder that I wasn’t overstayed my VWP…
Note: a frind of mine, get pand from re-entering the US for 10 years, simply cuse he did not proof that he wasn’t overstayed and between the US entery stamp and the other country entery stambe is 2 years, which they thought he was in US land for 2 years…
In theory customs should be able to track where you have been . I wouldn’t worry too much because I have been in your shoes and nothing happened. As for proof thatvyou were outside the country, did you purchase anything with a credit or debit card while outside the USA? The bank statement is proof that you were elsewhere. Hope this elps
hi im a indian i came to malaysia on 4th july 2012, on tourist visa, now i want to go back to my country, because i have got an job offer from tunisia,my questions are
how much is the fine for overstay,?
will they stamp my pass post and ban me from entring malaysia, if the do thn for how long?
if they stamped my passport thn can i go to tunisia, i have already worked there 2 years legally
hoping for the best kindly help
Hi Vijay,
It is very difficult to know how much the fine will be (even if there will be one) and what they will do- many times it even depends on the mood of the officer you have to deal with. In any case even if they don’t let you enter Malaysia for a while it shouldn’t affect your entry to Tunisia as they are two different countries. I recommend you call your embassy in Malaysia to get the best info regarding the two first questions.
Hi,
I’m a US citizen and want to travel to the UK to be with my fiance. I don’t want to go for 6 months and then leave for six months. I also don’t want to get married just yet either to stay with him full time. My questions:
How difficult is it to get your visitor visa extended and how long is the usual extention? Can you get multiple concurrent extentions (one right after anohter)in order to stay for two years?
I don’t want to work as I’m self sufficient financially and I don’t want to go to school. I just want to live with the man I love…Is it possible?
Hi Tracey,
I´m afraid that what you want will not be possible as stays in the UK are limited to 6 months out of every 12, and visa extensions are only given for emergencies, unfortunately. Requesting the extension costs 500 pounds, and the UKBA does not guarantee it will be authorized. I think your only option is to sign up to some kind of course…
Hi Federico
do you know anything about South African laws i have a Slovakian staying with me and they only gave her 30 days if she stays an extra couple of weeks, will it be a problem, do you know?
regards Mandy
Hi Mandy,
Whenever you overstay a visa in any country you run the risk of being fined and/ or penalized. 2 weeks is not much time, and she’s from Slovakia which is not a country known to cause trouble (generally speaking), but ultimately it will depend on the officer on duty. I suggest she calls the Slovakia consulate in South Africa and see what they say. Hope this helps!
PLEASE
i wanted to ask that have schengen embarrasses councelted with each other on applicant or not. i have 2time traveled to Austria and now want to travel to Poland, i want to know that will poland embassy will be ask to austrian embbassey why i traveled austria or not.
hey
i wanted to ask that have schengen embarrasses councelted with each other on applicant or not. i have 2time traveled to Austria and now want to travel to Poland, i want to know that will poland embassy will be ask to austrian embbassey why i traveled austria or not.
It’s difficult to know, but I don’t think embassies speak among them generally. If travel has not been restricted for any reason you are free to go wherever you want as long as you have the proper documentation. This said the world we know now is not what it was before, and passports from certain countries will have a tendency to be followed more closely. I wouldn’t worry though.
hey,
i am Pakistani and i have Ukraine residence i got 2time schengen visa and traveled and returned right time to home country. i want to ask in the future i can get schengen visa easily or not.
Hi Ali. Since you left on time you shouldn’t have any problems, and getting the visa will be business as usual.
hi,
I would like to acquire a schengen visa to Austria. But since i overstayed for 2 months when i traveled to Greece last 2007. Would there be any conflict if ever i would like to travel again to Europe countries? Please give me some advice to clear my mind as i really wanted to travel with my friends next year.
Waiting for your reply.
It was a long time ago, and if you were temporarily banned from re-entering you would have been notified. You should be fine.
Hi, I have an inquiry regarding a Filipino caught by Police in Japan for over staying (Dec 2012). After being detained in Japan immigration her was alloweed to go back to Philippines. Now he got married just recently to a Japanese girl here in the Philippines(Aug 2012.
Here are my questions?
1) Is he allowed to go back to Japan?
2) If yes when can he go to Japan? Can he work in Japan?
3) If no, when can the ban be uplifted?
4) When he was deported, does his passport have a stamp of being banned to Japan?
Hoping for your response. Thank you.
Hi Nica
I suppose you mean he overstayed in December 2011. Once released he probably had to pay a fine…? If he is not allowed (temporarily) to enter the country he would have been told, but since you’re asking me I assume he wasn’t. In any case if the couple has legal papers that validate the marriage he shouldn’t have a problem to enter the country, but I recommend he calls the Japanese embassy in the Philippines to get first hand info. Oh, regarding a work permit, that is a completely different story and he’ll have to do some paperwork once there that varies a lot between countries. A residence permit is not always the same as a working permit. Hope this helps!
I have a question too that I’m getting very stressed about! I am American but living in England on a work Visa with my husband for the past three years and will remain here for at least another two years. My four year old American grandson is here with us visiting, he was supposed to return last month but his mother is having some problems with housing arrangements and asked us to keep him longer for his well being. Her living arrangements would not be a healthy situation for a little boy.
We are happy to keep him longer but the problem is his 6 months in country will be up soon. This situation isn’t permanent, perhaps just a few more months. We really can’t afford making a trip back to the USA right now either. How serious of a situation will it be if this little boy overstays his six month stay? Would he have a problem reentering the UK in the future?
Also another big question is, does anyone keep records of visitors leaving and entering? If we say, left England and took a trip to France for instance so that the grandson’s passport was stamped reentering the UK, could that be used as his entry date to start the six months visitor visa over again?
I know there is an application to extend a visitor visa though I’ve been told most are rejected, and there is a huge fee (over 500 pounds) just to apply which we just can’t afford.
Hi Sandy,
Interesting question your asking, let’s go by parts.
1) When dealing with a minor things can get a little bit more sketchy, and thus should be considered thoroughly. I am assuming you don’t have an officially stamped document in which the mother states that you are keeping the kid with her permission, so you could potentially be charged with kidnapping or something like it. My first recommendation is you get such paper, and there is a good chance it will have to be signed by a notary (which means money). As for overstaying the visa, I’m pretty sure that when it’s time to go customs agents will look at his papers closely, particularly if he’s traveling alone, and questions will be asked. Adults can handle this, but a 4 year old will find himself in a situation he doesn’t understand, will see his mentors are uncomfortable, and thus he will be too. I’m not sure you want him to go through it. These links will take you to the United Kingdom Border Agency, which has a lot of information:
http://www.ukba.homeoffice.gov.uk
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/sponsoringavisitor/ (This link explains requirements when sponsoring a visitor- this might be an option)
2)Most definitely. The 6 month visa is per 12 months, so what you’re proposing won’t work, sorry.
3) I thought about the extension too, but from what I’ve read many are now rejected.
I strongly recommend you call the UKBA and get first hand info for this. This is a sensitive issue and I’m not a UK customs agent, but I hope my explanations have helped a bit!
Thanks for the reply! I can have my daughter send the permissions to us, good idea just in case.
When grandson returns he will be with my husband and/or myself and we actually all have the same surname. Everyone assumes we are his parents, so I suppose if the question never comes up I wouldn’t need to volunteer that information.
Does customs check information as you are leaving the country? I only remember that occuring as you are entering but I’ve never really paid attention to what they do when I come and go.
I’ll check the links you gave me as I really don’t know what to do. We honestly can not afford to return to the USA within the next month and to even apply for the extension is over 500 pounds.
Hi Sandy,
Customs does check information as you leave…sometimes. It is very random, but more than once have I had customs agents ask where my entry stamp is (passport has sommany that they couldn’t find it) or even ask questions about what have I been doing, where I am going, why did I visit the country, etc.
If you don’t find the info you need call the UKBA, or even better call the US Embassy in London, or a consulate. You’d be getting answers from the same people you’ll have to deal with, if at all…
Mark
Hi
I am a Canadian citizen and i am in a very delicate situation and i need your best advice i can get. I have a couple of questions In hope that you can answer them for me
I am in Sweden and i have overstayed my Schengen visa for 2 years and a couple of months now and I haven’t traveled to any other country in europe while i’ve been here .When I first arrived everything was ok ! I was given my 90 day visa to stay but just around the time when it was for me to leave I lost all my identifications including my passport. I decided to put my passport at a friend apartment. So i wouldn’t have to lose it while travel around sweden..leaving it in the possession of a careless friend was a big mistake and I didn’t file in a police report because I wasn’t convinced that the police would be able to help me retrieve my passport in time for me to board my flight. After trying serval attempts to find my ID’s i lost all hope and eventually gave up. So i stayed here in Sweden for 0ver 2 years and I slipped into a deep depression and was very confused about how to handle this problem because I have never been in this type of position before and neither have I ever lost my passport.But now after 2 years of hardship I have found my Canadian citizenship card and now i have been to the Canadian Embassy and applied for a new passport and im awaiting for a new passport and I will purchase a new ticket to go back home. But I need to know a few things first.
1) What are my options for getting out of the Schengen zone and going back home without out any problems ? (no fine and not getting banned to re-entry Europe again)
2) How should I avoid getting caught by the sort authorities at the airport or which Country would be best for me to leave from other than Sweden ?
When I’m leaving Will I be integrated,investigated or fingerprinted when I am at the airport ? Or will i even have a problem passing through the UK as transit ?
much appreciated, thanks!
Mark,
I’m so sorry for taking so long to reply, I thought I had. As for your questions, this is what I think:
1) I would say they are pretty slim. You have overstayed for a long time, though getting a new passport might help a bit. I don’t think you’ll be banned, but a fine is very probable.
2) This is a follow up for question one, and from my experience Spain is very relaxed- specially when it comes to leaving the country. If using a Canadian passport things are even easier than if you had one from say…Colombia. However there are no guarantees of anything and it will all depend, as usual, on the mood of the customs agent. What do you think you’ll do?
3) If in transit you shouldn’t have any problems in the UK. I don’t think you’ll be investigated either, but you could be pulled aside for questioning (it even occurred to me in Barcelona once, and all my papers were legit!). I’m sorry to say there is no final answer for your situation, but simply stay calm when the time comes and deal with things as they come. If you appear to be nervous odds are that things will not go too smoothly…
Hello all!
I am currently traveling in Spain and recently bought my return ticket to the U.S. for December. I didn’t realize until after I bought it that from the first day I entered Spain until my departure day, I would be overstaying within the Schengen Area for 4 days (a total of 94 days). I have been very stressed since.
However, I am planning to visit a friend in Dublin and tour Ireland this month and will be out of Schengen for a week.
I have done the math and physically staying in Schengen leaves me with 87 days (7 days – not included in the 94 days = 87 days in Schengen).
Technically, this means I am OK and would not be overstaying my Schengen visa, correct?
My return ticket is non-refundable and non-modifiable. I hope to avoid buying a new one simply to change the day…
If anyone has suggestions or an opinion as to what I should do, I would appreciate it immensely and it would put my mind at ease. Thanks in advance!
Hi Tinissn
You should be fine, I wouldn’t worry much about it. Even if you stayed 4 extra days I don’t think it would be much of an issue, specially if you had booked the return ticket like that in advance.
Thank you for your advice maitravelsite! I just worry that I will be fined (for example: what if they do not stamp my passport when I arrive in Dublin and/or exit and then the border control officer at the Spanish border sees this when I leave Spain?) I just don’t want to deal with a heavy red “you’re illegal” stamp in my record.
Also, I do have two more questions:
(1) Is the Republic of Ireland is outside of Schengen? I know it is a part of the European Union.
(2) Do they stamp your passport up entering and exiting the country?
Sorry to be such a bother. Thank you for all your help!
Hey Tinissn,
No worries! My name is Federico by the way. Regarding your questions, here are my answers:
1) As you say, Ireland is not a member of the Schengen area.
2) They do stamp your passport, but in any case, always ask for the stamp! I do if I enter a country and they don’t stamp it- it’s always cool to have the passport full of stamps anyhow…
No bother at all, enjoy your trip!
Thanks Frederico! Yes, I have talked to several people, including the U.S. Consulate in Barcelona but they had given me the same information in which I already researched. You, including several others assured me I should be fine. I was just confused as to if Schengen is a 90-”consecutive day” visa within an 180-day period OR a visa that allows travel up to a “total of 90-days” within an 180-days period. It just isn’t stated very clearly. Again, thanks much for taking the time to answer my questions! Knowing as much as possible helps put all the travel stress aside. – Christine
You are most welcome Christine. Have a great trip!
Hi everyone,
I’m in Canada,for now I’m not illegal but i’ve already extended my 6 month visa (tourist) on June and I a must to leave on december but the thing is I have to stay until January because I have to go in New-York visit my friend before going back in France. I heard that leaving Canada will not be the problem but trying to enter to the USA will be because they’ll ask me why I stay so long in Canada. I will have my return ticket in France with me to prove that I won’t stay in the US territory forever,it’s just for 3 weeks.
I wish I could ask for an extension again but I think they’ll just ask me to leave the territory…
If someone know something…
Thank you.
Hi Eylia. From what you’re saying you shouldn’t have a problem with the US either. Canada customs takes care about their borders and the US takes care about theirs- if US customs officials do ask questions about why you spent more time in Canada simply tell them the truth. If I were you I’d double check your extended stay in Canada, but if they say you won’t have a problem leaving I wouldn’t worry about the US either. Of course there’s always the possibility of a customs official who’s not in a good mood, but that’s anybody’s guess! Hope this helps!
I’ve always been more of an animalitarian:) I have to go too and get some sleep. Thanks for your help and I will let you know what happens.
Hey,
it would be a good idea, but, the problem is the puppy is not currently healthy. She has an infected patch of skin and I was told by a vet tech that she should be kept from other dogs till she’s better and they know it’s not contagious, so I doubt a kennel would take her. Plus I’m pretty far from Sofia, I’m in northeast Bulgaria. She’s on medication which she’ll be done with in a week, but she’s also being treated for worms, so she needs another treatment a week after that. I will write the vet tech again who’s been trying to help me but I doubt she has any new solutions. This certainly seems like “urgent or humanitarian reasons” to me! But the authorities will probably say otherwise. Thanks for trying to come up with ideas though, I really appreciate it! Any more are welcome!
Thanks again, I know you can’t make guarantees. I really don’t want to risk overstaying the visa, I’m actually quite terrified, I just don’t know what else I can do. I am still trying to figure it out though. And really now I’ll only have two days left, and I need to give myself enough time to come back and get the puppy and prepare her for travel, so I have to leave tomorrow (and should have left today). What you suggested is actually what I’m doing, I’m taking the puppy to the U.S. That’s been amazingly difficult, and expensive. I had to change my flight because the airline I have tickets for doesn’t allow puppies under 4 months old, and I couldn’t find any good way to get her home sooner. So I planned on leaving her here till she’s old enough and leaving the country, but now, I have no one else who can or will take care of her. All I wanted to do was rescue a puppy but it’s turned into a horrible situation. No good deed goes unpunished I guess. So do wish me luck because I haven’t had much so far:(
Hey Lisa,
I found the following pet hotels/ pet sitting locations in Sofia:
http://opashka.com/
http://www.doglandhotel.com/eng/
http://happybg.com/
You can call them, explain your situation and see if they can take care of it till it gets older and have them send the puppy? Of course you’ll have to pay but it might be an option…
I guess this is more of an “animalitarian” issue! Gotta go now, if I can come up with anything else I’ll let you know, otherwise please keep me posted!
Hi,
I hope this thread is still active because I have a very urgent question! I’m in Bulgaria, and am very close to overstaying the 90 day limit for Americans, and I need to know what will happen. I was told by the embassy that “the fine varies, but can be up to 5,000 leva and I will not be allowed to return for 6 months. But I’d like to know specifics about the fine.. I will potentially overstay by 3-4 weeks. I have a puppy who currently has an infection I need to take care of and I can’t leave the country with her till she’s older:( I also need to know if this will cause problems if I want to return to Bulgaria in the future.. my fiance lives here.. but is unable to take care of the puppy. If you know please answer ASAP, I need to leave in a hurry if I’m going to!
Hi Lisa,
Your situation does not seem to be too good, and frankly I don’t think you have many options. Perhaps the fine might not be too important for you, but if you do want to see your fiance anytime soon you will want to make sure your immigration status (even if as a visitor) is spotless. Authorities in Bulgaria are not the nicest in the world (they want the money and sometimes even bribes- I know because I had an issue with them years ago) so wake sure your next steps are solid. You might want to consider applying for a long-stay Visa -called type D- via the Ministry of Interior (hurry up because they will ask for many papers and I have the feeling you don’t have much time left. From the US Embassy in Sofia¡s website “An application to extend one’s stay beyond the original 90 days can be filed for urgent or humanitarian reasons, but must be submitted to regional police authorities no later than five days prior to the end of the original 90-day period.” Please note that this is an extension, not the same as the type D visa. I would try this first.) and if things don’t look too promising I would leave by the due date if planning on returning soon (remember that in theory, once you have used the 90 day tourist visa you are not allowed in the country again for 6 months). Hope this helps, let us know how everything ended up for you!
Thank you so much for the quick reply! No, my situation is not good at all. I only have 2 or 3 days. I’ve already asked a policeman I know about the extension for “urgent or humanitarian reasons” and he said my reasons don’t count, and it would only be extended by a few days anyway. As far as a long stay D visa, I was under the impression I have to travel back to the U.S. and go to a Bulgarian embassy to apply for one.. am I wrong? I’m sure I don’t have time now anyway, even if I can apply for one here.. right? The fine is a concern, certainly if it’s 5,000 leva it’s a concern (and your bribery comment created a new concern!). The same policeman I asked about the extension is actually the one who suggested I just overstay, and he thinks the fine will be no more than 500 leva and I won’t even have to pay now, but I’m worried he’s wrong. And I’m most worried about long term ramifications. I actually don’t plan on coming back for 6 months anyway, but I’m worried it will cause a problem when I do want to come back in the future, or if I ever do want to apply for a long stay visa or actually marry my fiance and want to live here. Any idea about that? Thanks again for your quick response!!
Hey Lisa, great to hear from you.
While it is true that the policeman has told you that, you might get different feedback from the people who actually handle the extension. I would speak with these people directly, and who knows how long they would extend it for? This is very personal, and if you find the right person on the right mood things can go easy. If not, well… As for the D visa, yes, in theory, but again I would also ask the Ministry of Interior if you can apply for it after all it will mean more money for them! I know of many people who have overstayed visas ( I have) and didn’t have problems in the long run…but I also know of those who have. In your case there are personal circumstances that make this trickier…I’m not sure what to say. If you do marry your fiance though I don’t think you’ll have much of a problem getting in- and if for the time being you overstay, pay the fine and follow whatever other things you are told you will have done what they asked, which will mean no more trouble. I would check with the relevant authorities about the extension and the D type visa, and if you don’t succeed there it all comes down then to how important that puppy is for you (by the way, what you’re doing is commendable…if the puppy only knew!) and the possibility of the heavy fine (possible) plus future consequences (highly unlikely)… Keep me posted on what you decide to do!
Thanks for another quick response and all the good advice! I’m not exactly sure who to talk to.. the website just says regional police and I assumed he works for them, as he’s a policeman in this city.. so I just asked him, and he called someone in the office to ask them. This was actually before the puppy was sick though.. maybe I’ll ask again, or go to the police station myself. I will look into applying for a D visa at the Ministry of Interior as well, but it’s the weekend, so might not be an option:( I sure hope you’re right and there won’t be long term consequences.. really hope I don’t get a really big fine either.. as I may have no choice but to stay. The puppy is very important to me. I found her alone in the woods at maybe 6 or 7 weeks old and she’s been with me since. Rescue groups are hard to find in Bulgaria and the few that exist have a very hard time finding homes. So, I felt I had to take her home myself, which has been an incrediby difficult and expensive ordeal. I can’t give her up now, and I have no place to take her anyway. Not sure what I’ll do, but, wish me luck.. I need it:-/
No worries. Please understand that I am not sure about the long term consequences, nobody can guarantee anything as of now, but it seems unlikely (but again, it CAN happen!). By the way, why not take the puppy home with you?? You can call your airline offices in the US which will be open now and ask for requirements. This could solve all your problems.
Thanks alot Maitravel, Iv’e ordered for a doctor’s report and will add that to my new application,
Thanks a million.
You are most welcome Henry! Good luck with your application, I don’t think you’ll run into trouble. Let us know how things go! By the way, my name is Federico
Hi Somebody, I got a French Schengen visa for 25 days which i promised to stay for 10 days, i couldn’t travel as iv’e been ill, the amount of days left on my visa won’t be enough for my holliday and now i need to apply for another Visa. do i need to give a reason why i couldn’t travel when i got the visa or what? as i need to re apply for another visa. I need help about this pls.
You could give a reason but I don’t think it will matter- unless the clerk is really nice you’ll probably have to pay for the extension. It also depends on what country your passport is from because Schengen visas are usually valid for 90 days. I wouldn’t worry too much about it as customs officials don’t really care about why you couldn’t go. It’s obvious to them that you are loosing money if you apply for a visa and don’t use it. Good luck!
Hi, I have been in Italy for the past 5 months, arrived at the beginning of march. Recently I had to go back to the states (my country) for a funeral and will be here for a month, until the beginning of October. I thought the tourist visa was for 6 months and had planned to extend my visa, but when I left the country to come back, I learned that the tourist visa was only for 3 months. Ooops! I need to go back into Italy because I have all my stuff there and everything, what should I do. Can I do anything from the states or do I just have to pray that I get a sleepy past port control officer? Any help would be great, I’m completely at a loss! Thanks
Hi Nicole! You left the country (maybe even paid a fine?) so in theory you should be allowed back into Italy without problems – I am assuming you have been in the USE for a month. In simple terms the law says that those from outside the Schengen zone may stay in the Schengen region for 3 months (90 days) per 6 month (180 day) period with nothing more than a passport (no visa required). This only applies to those from countries like the USA, Canada and Australia who have a visa-free agreement with the Schengen region. If you were to have any issue you would have been given a notice when you left, but from what you’re saying you did not. If I were you I’d double check with an Italian embassy or consulate in the USA, but I’m pretty sure you’ll be fine.
I am traveling around Europe on 2 different passports and had my visa renewed three times (by leaving the EU and coming back) once on my Brazilian and twice on my Australian. I leave for Israel in six weeks and on my passport you will see I’ve been here for 8 months, will this be seen as overstaying evan with the renewed visas?
Hi Sarah! If you have renewed your visas you won’t have a problem because you were there legally- it’s what the renewals are for. Didn’t know Aussies need a visa to visit Europe! Have fun in the holly land
Hi,
my daughter who is 3 months old wants to travel to UK with her tourist visa. Currently she is holding a US passport. But on our trip, my daughter have to over stay in UK for 2 months, what shall I do?
Will it be any problem for her when she go back?
will it be any problem for her to enter to the UK later in her life?
or is there is anyways that she can extend her visa to stay another 2 months in UK
please help me. Thanks…
Hi Sarah,
I suppose you mean you want to take your daughter cause at 3 months old she can’t even speak
Anyhow, a US passport allows you to stay up to 6 months in the UK without a visa, so you shouldn’t have any problems to return to the US after just being there for 2 months or come back to the UK again later. This said it is probable that during check in you will be asked for a document or letter in which the father of the baby allows this trip, assuming he is part of her life legally. If in any doubt you can always call a UK consulate and double check, but you should be fine. Hope this helps!
Hi,
Thank you for your information. But the thing is I want to stay there for 8 months, so she will over stay in for 2 months? what shall I do for that?
is this will cause a big problem for her in later in her life?
will the immigration will ask us why we didn’t go?
please help
I see what you mean, the 2 months would be because of overstay. I have to say that this could potentially get you into trouble, though there is no guarantee because it will depend on the officer who checks your passport and you may simply get a fine and that’s it (after some questions, yes, but with no future implications). I think your best bet would be to leave the country for a few days before the expiration date (Ryanair.com can take you to many places in Europe for under 30USD) and then return, and if not I recommend you speak with the consulate to see if you can get an extension before you get there. In my opinion the first option is the simplest, but I understand that traveling with a baby is not easy. Does this help you?
Yes, it is.
But want to ask you, Is it possible to reenter after spending about 4 months in UK and come back to UK to stay another 3 months within a year?
I’m pretty sure it is. I have done it in several countries around the world
This said there’s a risk of the immigration officer seeing your previous stamp and limiting your second stay, but that doesn’t usually happen…
I visited Mongolia about several months ago as a US citizen. As a US citizen, a visa wasn’t required since I was there for under 90 days. However since I overstayed by 3 days past 30 days which I needed to have registered my passport, I forgot to do so. As a result, I had to pay a fine at the airport to leave. While I do not believe this is the same as overstaying a visa, anyone know what implication or problem this may have if I wanted to visit another country like a EU country in the schegen agreement territory or any other country?
Hi Peter. Although you did not overstay your visa per say it is true that you did not fulfill the legal requirements to stay in the country, and thus had to pay the fine. This however should not have any other implications in your future travels as you left Mongolia legally and and will all the paperwork done. I’ve had to pay a few fines here and there because of loosing the immigration card and similar things, yet have never had any problems because of this. This kind of information is not shared between countries- it’s pretty much irrelevant. Happy travels!
Thanks for giving me assurance that it would not affect my entry to other countries.
Btw I was advised of a 3-month entry ban of that country. However afterwards been told it would not be a problem. In addition as I have also confirmed with the embassy about it, I have been told that it would not affect my entry to other countries at all.
Excellent Peter, I’m happy to hear the good news. Happy travels!
also i hav another concern as i am trying to book my flight online via cathay.im used to getting dub-amsterdam-hk flight bt i’ve seen the route is not available on the probable dates i wanted to travel. if i opt for dublin-london heathrow-hk or dublin-france-hk, will i need to get transit visa for Lobdon or France even if i wont be enterng the country.? wil jst be waitng for my connecting flight. pretty please enlighten me.
No of course not. You will never need a transit visa when you are waiting for a connecting flight.
thank u so much for ur reply..much appreciated.i hav also found my answer in another site..im at peace now
You’re welcome, best of lucks in your trip!!
thanks bt hav u already heard of exit visas in Ireland?
Exit visas are the paper you have to keep when entering a country that is stamped by the customs official. I don’t recall being given one when entering Ireland, I think I just got the big green stamp that uses one full page. But that stamp says when you have to leave. I suppose that an exit visa is an official document that you’ll have to pay for, with a fine, that says you’re leaving the country legally. This said, if you fly to another European country it might not be checked, though the Schengen visa might be over too. Again I recommend you check your embassy for the most updated info as things may have changed since I was there…
hi..need some help.i overstayed in ireland for a month due to private reasons.And now i want to go home. My cousin told me that i need to get an exit visa from immigration in dublin so in the future,if my brother will invite another member of the family to ireland,there will be no problem. Is that true? I was hoping my problem is only getting a ticket and now there’s the exit visa. Where can I ask for the requirements and how much do u think it cost? Please give me some insights because Dublin is a 2 hr travel frm my location and i want to save on time an cost if possible. Thanks
Hi JJ
I’m pretty sure you won’t have a problem getting an exit visa- the country doesn’t want you there if you don’t have a job. As for the fine, you’ll probably get one too. I recommend you call your country’s embassy and explain your situation for the best possible answer.
I have not had any experience of overstaying but what I can say is that we may liken overstaying to what happens to you if you are overdue on a a) library book or b) credit card or other bill. The scenario chosen largely depends on your nationality and the country’s development relative to yours.
In scenario a) where you fail to return the book on time, you pay a fine and you are easily forgiven — and forgotten. The library forgets about it. If the country is less developed and reasonably democratic, overstaying your visa might just be treated like returning an overdue book.
In scenario b) where you default on your credit card bill and other payments, or they become past due, you know that they will cause HEFTY fines and a serious dent on your credit report. When your credit report is tarnished, you find it very difficult to obtain credit in the future. The same thing for overstaying your visa in highly developed or less democratic countries. If you overstay even by a little bit, they will find very little reason to grant you a new visa in the future.
Interesting comparison Paolo, which is probably quite correct. I would not take it as a rule though- relatively poor countries can use this as an excuse to get you into trouble, expecting large amounts of money and some press coverage. I’d say it also depends on the officers involved, and what they think about themselves.
Thanks for this wonderful and adventurous post, by this when I got travel, I know what should to do for the future…
Great post, I can really use this tips in order to have a wonderful vacation lovely fun…
I love this post. It give me a fresh insight on the possible effects of staying beyond what is stated in your tourist visa.
For me, the best solution is not to try to take chances.
And that’s probably the wisest too.
Very useful! It’s good read this kind of post so you have an idea what to do in case you fall in these types of situations. It’s pretty scary though
thanks now I have an idea for me to travel without a problem like this.
The next time you travel make sure your things is cleared so that they will not have any problem while taking your vacation.
Thanks for sharing with us this kind of ideas, at least when I got travel, I know what should to do for the future…
I backpacked through Europe just a couple of months ago and while I was only over there for about 2-3 weeks, my friens and I met a bunch of people who were staying for months and could definitely have used this information.
You do not need a visa to visit Gibraltar. Also, watch out for the monkeys. They will steal your film or anything left out if you put it down for even a second.
What should you do for anyone in a nation on an overstayed vacationer visa?
To help you mean?
I overstayed my tourist visa in Medellin, Colombia by 3 weeks. I didn’t know i was overdue until i went to extend it. Cost me $200USD, a border run to Ecuador (because you have to leave the country for 15 min before you can reenter and get a new visa).
The best part was, when i found out at DAS (immigration) that i was illegal, they told me,
“You CANT leave the country until you pay a fine”.
My response, “But the WHOLE POINT is i DON’T want to leave”.
Who thought a country would ‘punish’ you for staying too long by refusing to let you leave? (I just wish the fine wasn’t so much)
Hahaha…what did the guys at DAS say when you told them that epic phrase Dani? Where you are the border crossing where the bridge is?
They laughed at me. Then i flew to Quito, Ecuador for the weekend (cause i have some friends there and it wasn’t much more than busing to the border. Oh, and flying is an hour and half each way vs. minimum 20 hours each way on a bus)
I can’t believe they laughed at you! Yeah, I do understand that time saving though…