TOPIC SOLVED: Schenger Visa - overstay???

[francoisePH]

Hello to all,

I am a Filipino citizen and I am a frequent traveller to Germany since February this year because of training reasons (my company sent me).

For my first visit, I have applied for a Schengen Visa at the German Embassy and they issued me a 30-day MULT Entry  Type C Schengen Visa (valid from Feb. 20, 2016 to Mar. 30, 2016). I have entered Germany on Feb. 21, 2016 and left on Mar. 19, 2016.

Then, my company wanted to send me again for another busines trip to Germany last April. And since my first visa was already expired, I have applied again for another Schengen Visa. This time, the embassy issued me a (one year validity) MULT Entry  Type C Schengen Visa (valid from Apr. 9, 2016 to Apr. 8, 2017). In which I have noticed also some restriction that I can only be on a 90-day trip (Duration of stay). Then, I went back to Germany on Apr. 4 [Entry] to May 7 [Departure) (28 days). Then went back again to the Philippines. After that, to make the long story short, I was sent again for another one month travels, Jun. 12 [Entry] to Jul. 9 [Departure] (28 days), then went back again to Philippines.
And now, currently I am at Germany again for another one month trip. I travelled back again to Germany last Jul. 17 [Entry] and planning to stay here until Aug. 19[Planned departure] - so this is now for 34 days. The company would like me to maximize now my 90 days allowable stay, as just some days ago we have learned about the 90-day/180 days rule. In which I am only allowed to stay upto a maximum of 90 days only for a span of 180 days.

Now, I am really going crazy as I am thinking now on that 90 days allowable stay per 180 days IF they will also count my FIRST TRAVEL using my FIRST VISA (which is valid for 30 days). This is now driving my crazy, as if this will be included I have already exceeded the 90 days in 180 days span. Which means I am already overstaying if I my assumption is correct.


Please find the summary that I made for easier understanding:

If my 1st travel using my first visa (with 30 days validity) will not be taken into consideration, here's the calculation:
  2nd travel [Apr. 10 to May 7]     - 28 days
  3rd travel [Jun. 12 to Jul. 9]      - 28 days
  4th travel [Jul. 17 to Aug. 19]    - 34 days   (still on-going)
    TOTAL  = 90 days
--> So in summary, I am still OK if this will be the calculation.

But, if my 1st travel will be considered also on the calculation (although I used another visa using this travel):
  1st travel [Feb. 21 to Mar. 19]   - 28 days
  2nd travel [Apr. 10 to May 7]     - 28 days
  3rd travel [Jun. 12 to Jul. 9]      - 28 days
  4th travel [Jul. 17 to Aug. 19]    - 34 days   (still on-going) - as of today (Jul. 31, I now have 99 days which is over 90 days also)
     TOTAL  = 118 days!!

Can someone explain to me which calculation will be correct? I hope my first travel using a 30-day Schengen visa will not be taken into account.
Thanks in advance.

Regards,

francoisePH

[Ritu]

Hi I was also given mult entry visa for 6 months with 15 days validity which I mistook as every visit in 6 months period can be 15 days so please check ur visa page again n they don't add ur earlier visa stay to ur latest visa as before giving me 6 month visa I had visa for 7 days with 5 days validity which are 2 separate visa .if possible please send a snap shot of ur visa page.so I don't think u need to worry as u haven't exceeded ur current visa days.

[Michael-rad]

Hi I've gone over my time in the schenger by maybe 5 days. I didn't realise I have gone over and I'm heading to Dresden in Germany tomorrow. I've already booked my flights and everything. I was just wondering if anyone would know what will happen or if I'll be fine to go there and then head to London straight away possibly. It's so hard to keep track of how long you have been in the area. Hopefully someone can help me out!

[bugibar]

Hi, Yes, Europe is so beautiful that you easily loose sight of a calendar. 5 days overstay is not crucial. Several scenarios can take place. Your overstay gets unnoticed. Your overstay will be noticed but neglected. Your overstay will be noticed, and you will be interrogated. Your overstay will be noticed, and you will get a fine. Another poster wrote about his experience - a €180 fine, se hee:

Overstay - Schengen Visa

The likelihood of each scenario is impossible to estimate, it depends on the border control officer who checks your passport and the degree of your appeal to him. Let us know your experience, whether you were lucky.

[danisara]

Can someone explain to me which calculation will be correct? I hope my first travel using a 30-day Schengen visa will not be taken into account.

The 90/180 rule (90 days allowable stay per 180 days) is defined in The Schengen acquis, Title II, C H A P T E R 3, Visas, SECTION 1, Short-stay visas, Article 11, paragraph 1 (a) as follows: see this post

Schengen visa 90/180 rule in Schengen Acquis
http://www.maxi-pedia.com/forum/index.php?topic=1092.msg2847;topicseen#msg2847

The 90/180 rule does not take into account the fact that you have more or less visas, it simply looks at the travel history within a specified time frame. So, your first travel does count towards your allowance. This is the calculation for your travel history:

1. 21/02/16 - 19/03/16
2. 10/04/16 - 07/05/16
3. 12/06/16 - 09/07/16
4. 17/07/16 - 31/07/16

Days of stay in the 180-days period from 03/02/16 to 31/07/16: 99 day(s)
Overstay in the period from 23/07/16 to 31/07/16 (9 days)

1. 21/02/16 - 19/03/16
2. 10/04/16 - 07/05/16
3. 12/06/16 - 09/07/16
4. 17/07/16 - 19/08/16

Days of stay in the 180-days period from 22/02/16 to 19/08/16: 117 day(s)
Overstay in the period from 23/07/16 to 19/08/16 (28 days)

Cheers.

[francoisePH]

Hello Danisara,

Thank you for your answers.

Now, I am back in the Philippines without any problems on my visa.
So it means that my first travel is not covered on the 90/180 rule since I use another Schengen Visa (valid for 1 month).
Then the next three travels are counted on my current Schengen Visa. Meaning, I only have exactly 90days so no violation there.

That is really a good news for me.
Now I am applying for a working visa so that I can be there for a longer time.

[danisara]

Good luck to you. Let us know whether you were succesful with the work visa.

[francoisePH]

Good luck to you. Let us know whether you were succesful with the work visa.

The day has come and now my application for a work visa is on-going.. Hoping for the best results. I hope it would be approved in less than a month. As of today (December 4, 2016), it is almost 3 weeks since I applied, never heard yet from the Consulate/Embassy.

[danisara]

Surely it would be a nice Christmass present.

[francoisePH]

Update: work visa approved last week

[francoisePH]

Merry Christmas to all and God bless