Top Questions About Schengen Visa Overstay Answered

I never knew that my experiences with visas in the Schengen Zone would turn into a world of information for travelers and people looking to relocate to Europe.

Not only do I help research their questions, but also provide information on how to apply to legally live in the countries they love.

My most popular post is about the Schengen Treaty and Overstaying Visas. With the enormous amount of feedback and questions, I decided to compile the most common questions and situations I receive, and some answers and solutions.

If you have one of the same situations, please write in the comments which letter your situation is under, and I can further help you, or email me privately.

You can also checkout my Schengen Visa Calculator so you don’t end up in these situations.

Situation A

I want to get married to an EU citizen, but I am non-EU and have overstayed my Schengen tourist visa.

Answer: If you have overstayed your Schengen visa, you’re definitely going to have some issues getting legally married in EU/Schengen, because in order to get married, you need to get authorities involved, and provide proof of your legality and residence the country you want to marry in. All countries have different procedures.

Situation B

They only gave me 15 days in Schengen, but my flight tickets are booked for 25 days.

Answer: You should not book your flights before you are given your visa status. You need to change your flight tickets to coordinate with the amount of time your Schengen visa is allowed.

Situation C

I overstayed in a Schengen country and was caught and fined €600, but I never paid. What will happen? Where can I pay this if I am in my home country?

Answer: If you never pay, you cannot enter that country (and potentially Schengen) for 4 years and will be entered into the Schengen Information System. You really SHOULD pay on the spot. Because it becomes a total catch 22 if you leave – you cannot pay online, only at the country’s tax office or passport control. If you don’t pay, after 4 years it is apparently erased (this information is from a Greek example, it could vary from country to country.)

Situation D

I have a student visa. Can I travel to other Schengen countries after it expires?

Answer: It depends on what country you come from. For those who do not need a Schengen visa to travel, I would presume depending on what type your student visa was, you would be allowed an additional 90 days of tourism in Schengen. Please speak to your study abroad office for precise answers.

Situation E

I got a Schengen visa (valid for 1 year), but I did not realize I only got 20 days to visit.

Answer: It’s important to pay attention to how many days you are allowed to stay inside Schengen. Just because your visa is valid for 1 year, you may only get a few weeks to be in the Schengen zone. Make sure to look at all dates on your visa!

Situation F

I overstayed my Schengen tourist visa C, and the border guard did not say anything when I left. But now when I reapply, they denied my application because they saw I had overstayed.

Answer: Just because you leave and they didn’t say anything, doesn’t mean you are home-free. If you are from a country where you have to apply for a Schengen visa, then they have everything on record because they will ask for your previous dates and look into the system. If you are denied, please try and appeal.

Disclaimer: I am not a lawyer, and not accountable for your actions – just a person with an opinion stating the facts about Schengen law and imaginary situations. Overstaying a visa is illegal with strict consequences, and you should consider your actions at your own risk. If you are concerned about legal issues, please contact your embassy/consulate, or an immigration lawyer.

SaveSave

SaveSave

7 COMMENTS

  1. khan | 18th Oct 17

    I got tourist schegen Spain visa in February 2017 for one month .i went to Spain then Poland i start business there one law company misguide told me its legal to stay here until your decision so i start business they said within 5 month you will get your temporary residence card.after waiting 6 month i have to come back to my UAE because i cannot stay more then six month outside UAE .so i come back after one week i received my decision my temporary residence card. approved for that i have to go personally to collect card and for that i need schegen Visa so i apply in poland embassy in UAE they refuse my visa i appeal they refuse my appeal i also apply for other schegen country but they also refused.
    i took tourist visa and start business even its was legal everything legal.but now i have this issue.can anyone guide me what should i do in this situation .
    did they ban me ? i ask embassy give me reason but they donot lesson properly the law company they now not replay my call .business is still there i have fulfill all their requirement polish employ everything .now i have business issue there i have to go.
    im pakistani national

    • Lindsey | 18th Oct 17

      Hi Khan – Thanks for telling your story. They have obviously denied your application for a specific reason that the lawyers you hired were not aware of. The thing is, I don’t think you are allowed to leave the country while you are awaiting your residence card. That could be why they saw a problem. I suggest finding a new lawyer to help look into your case.

  2. Hemant dandekar | 5th Oct 17

    Dear Lindsey,

    I got Schengen visa for one month but stay allowed for 16 days. But by mistacally my tickets booked on 17th Day . When i enter the airport for reurn flight to my country, my passbook scanned by guard and said i overday by 1 day. They filled one form and gave one copy to me to contact some lawyers in Frankfurt Germany. I called them but they doesnt know English, I dont know what is the procedure to come out from this and close this issue. Kindly Guide me.

  3. Reena | 27th Sep 17

    I got bussiness visa for poland and my husband stop us to 3 years overstay to their and he left us we came back our home country india now i want to go back europ with my son for visit their is something problems comes which i before overstay the sengen zone its before 2 years im overstaying in poland when we came back their is no police catch us or no tack finger print or no any craim we involved so can we get again sengen visa we are allowable

    • Lindsey | 27th Sep 17

      Hey Reena, this looks more like situation F above. If you have to state your entrance/exit stamps on your application, they will be cross-checking this for the new application. They have all of your biometrics and visa history on file already in the VIS due to your other visas. If you keep overstaying, you might be running the risk of being banned from future entry.

  4. Ali | 20th Sep 17

    Dear Lindsey,

    I applied for a Schengen Visa nearly 2 years ago and made a mistake by selecting the wrong martial status e.g selected single which should be married. Last year I applied for Schengen Visa and selected the write martial status by stating married.
    I was travelling on my own so marriage certificates was not required when applied 1st time or 2nd time as well.

    Recently I received a Job offer–from Germany and have to apply for National Visa-Long term. In the form the state since when I was married. I will enter the right date of my marriage certificate.

    I’m worried that now they can say that 1st time when I applied why I selected the Single option? Will that information stored on VIS or SIS system? When I applied for Schengen Visa second time, I selected Married. Will the status be updated on married?

    Can you kindly comment on this.

    I will write the correct date as I want my wife to join me eventually, if I get visa but I’m just worried that a stupid mistake I made when I was quickly filling the form which was an oversight as my wife was not travelling might affect my National Long stay Visa request. What you think. What should I do? Kindly reply Thanks. Ali.

    • Lindsey | 20th Sep 17

      They will definitely look up your past visa records to make sure everything is clear. I personally do not know how this would affect your new visa, but since you have stated on your last visa that you were married, you can always appeal a rejection and explain it was a mistake on your first visa.


      Take it as a lesson to always make sure the information is correct when dealing with legal paperwork. You never know when it could affect your future!

Leave A Comment

Leave a Reply