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Schengen Visa => Schengen Visa Q&A => Topic started by: Nolan on March 18, 2017, 11:12:06 pm



Title: Overstay in Germany ~60 days
Post by: Nolan on March 18, 2017, 11:12:06 pm
I am from the United States and I have travelled to see my girlfriend in Germany three times over the last half a year (a little over half year actually). The last time I went I believe I overstayed my limit by around 60 days in order to take a German language Course. I used the calculator from the EU Commission website and this is the information I was given. The calculator said my 180 day period began on July 31st, 2016 and ended February 26th 2017. I have a shorter 3 week trip planned and I leave on March 23rd, 2017. What could my consequences be for having over stayed the 90 day limit and is there any possibility to lower the consequences?


Title: Re: Overstay in Germany ~60 days
Post by: yaris on March 22, 2017, 10:49:47 am
I am from the United States and I have travelled to see my girlfriend in Germany three times over the last half a year (a little over half year actually). The last time I went I believe I overstayed my limit by around 60 days in order to take a German language Course. I used the calculator from the EU Commission website and this is the information I was given. The calculator said my 180 day period began on July 31st, 2016 and ended February 26th 2017. I have a shorter 3 week trip planned and I leave on March 23rd, 2017. What could my consequences be for having over stayed the 90 day limit and is there any possibility to lower the consequences?

Your overstay can be detected upon your departure at a passport control, but it can also be detected at a routine police check (for example when you get involved in a traffic accident). The penalty for overstaying Schengen visa can range from a warning (most likely), a fine (quite often) to a ban on entry (rare cases, but search through this forum, a few people have discussed their case here). You can read more about Schengen visa overstay penalty here:

Schengen visa overstay (http://www.euro-dollar-currency.com/overstaying_schengen_visa.htm)
( http://www.euro-dollar-currency.com/overstaying_schengen_visa.htm )

In case you are planning on spending more time in the Schengen zone, you might want to consider getting a permanent residence permit.


Title: Re: Overstay in Germany ~60 days
Post by: Alisa on March 22, 2017, 11:25:34 am
Hi.
I am wondering if I have calculated my stay in France properly.

I arrived in France on 24 December 2017.
I left for London on 2 February returning to France 7 February.
I left for the Philippines on 15 February, returning to France on 3 March.
I will be leaving to go to London again on 31 March.

Does that mean I can come back to France on 10 June?

I assume this because my 180 days restarts on 21 June and I have an extra 11 days that I can be in the Schengen for this period.

Also, do i need to exit when this period of 180 days expires or can i just renter France on 10 June, stay here and it restarts automatically on 21 June?

Sorry.... this has caused me a lot of confusion.


Title: Re: Overstay in Germany ~60 days
Post by: yaris on April 13, 2017, 02:24:57 pm
Hi Alisa, as of June 10, you will be eligible for a stay of 11 days, that is until June 20, 2017. If you stay in the Schengen zone on June 21, you will overstay for one day. If you stay in the Schengen zone on June 22, you will overstay for two days. Here are some more details:

24/12/16 - 02/02/17 = 41 days
07/02/17 - 15/02/17 = 9 days
03/03/17 - 31/03/17 = 29 days
10/06/17 - 20/06/17 = 11 days

As of 20/06/17 a stay may be authorized for 0 days.

Then, another stay is eligible as of 22/06/17 at the legth of maximum of 41 days:

22/06/17 - 01/08/17 = 41 days


Title: Re: Overstay in Germany ~60 days
Post by: Didrovo on April 14, 2017, 02:17:12 am
Hi.
I am wondering if I have calculated my stay in France properly.

I arrived in France on 24 December 2017.
I left for London on 2 February returning to France 7 February.
I left for the Philippines on 15 February, returning to France on 3 March.
I will be leaving to go to London again on 31 March.

Does that mean I can come back to France on 10 June?

I assume this because my 180 days restarts on 21 June and I have an extra 11 days that I can be in the Schengen for this period.

Also, do i need to exit when this period of 180 days expires or can i just renter France on 10 June, stay here and it restarts automatically on 21 June?

Sorry.... this has caused me a lot of confusion.
Alisa,

You are technically correct, though you will need to exit for one day in order for they 90/180 days to reset. This is what I learned when I entered Germany in January. I had come to Europe back in August which is when my 90/180 started and that expired around February 26, so anyways I I flew in and out of the Schengen Zone form start of 180 days until my 90 days were up and then I left, went to London for 3 days and came back to Germany, the officer confirmed that my 90/180 rules restarted effective that date. Keep in mind London is NOT part of the Schengen Zone.