Maxi-Pedia Forum

Schengen Visa => Schengen Visa Q&A => Topic started by: didcoi on February 12, 2017, 12:26:01 am



Title: Schengen overstay
Post by: didcoi on February 12, 2017, 12:26:01 am
As a visiting US citizen self supporting retiree, I left Ireland because I could not get a long stay visa. I went to France for 3 mos, then tried to go back to Ireland for 90 days.  I was refused entry because they considered me an overstay risk because it had taken me over a year to receive a reply from my application and subsequent appeal.  They returned me to France. They also put a warning on my passport advising the UK not to let me in, that I was an overstay risk and that I might try to "sneak" back into Ireland through the porous northern border with the UK. So the UK denied me entry as well, and returned me to France. Now, still in France and have currently overstayed for two weeks.  Irish immigration sent me a letter giving me permission to visit and remain in Ireland for one month only, and for the sole purpose of seeing my cardiologist. My cardiologist cannot see me until April 27th. So, I have little choice but to stay in France until closer to that date. Do I declare myself to the French authorities and ask for an extension to my 90 stay, or do I just keep quiet and see if I can get away with it.  If the only repercussions are a possible fine, and a possible ban of a few years from Schengen countries, I could live with that.  By requesting an extension I'm afraid that I am exposing myself to possible immediate deportation by the French, back to the US, which I definitely DO NOT WANT.
Any feedback??  Thanks very much ...


Title: Re: Schengen overstay
Post by: steven on February 16, 2017, 02:46:55 pm
A Schengen visa extension is possible in cases where

Quote
... a visa holder has provided proof of force majeure
or humanitarian reasons preventing him from leaving the territory
of the Member States before the expiry of the period of validity of
or the duration of stay authorised by the visa...

See here for more: Schengen visa extension (http://www.maxi-pedia.com/forum/index.php?topic=1054.msg2770#msg2770)

Heart problems might qualify in this category, however, I see several problems in your case. A) Your French visa is already expired; an extension needs to be applied for while the visa is still valid. B) The fact that you can fly to Ireland to see your cardiologist suggests that your health problems are not serious enough to prevent you from leaving the territory.

It appears to me that chances of your visa extension application being denied are considerable.