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Staying in schengen zone after residence permit expired

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Pedro soutto
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Posts: 1


« on: December 21, 2016, 08:10:04 pm »

Hello,

I'm a brazilian student currently studying in Budapest, Hungary under a residence permit. I applied for the D type visa in Brazil and when I got here, on the 03/08, I was given the residence permit card valid from 29/06 until 31/12. The thing is when I applied for the visa I was required to show a flight reservation, and so I did. My flight back to Brazil is on the 05/01/17, leaving from Brussels. Just now it came through my mind that it could be a problem, since I will be in europe for 5 days after the expiry of the residence permit.

My questions are: Will this be a problem or, since so far the whole period of my stay here is covered by the Hungarian residence permit, would I be able to stay because of the 90 days within 180 days I have without any visa?

If it is a problem, what could be a possible solution for me to catch this flight on the 05/01 in Brussels?

The people in the immigration office couldn't help me much and they said there is no legal solution apparently, although it was their error to conceive me this residence permit validity since I showed my flight on the application and they accepted me.


Thank you very much!
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« on: December 21, 2016, 08:10:04 pm »

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danisara
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Posts: 257


« Reply #1 on: January 02, 2017, 05:13:58 pm »

As your residence permit commences on 31/12 and your departure is scheduled for 05/01, you truly will overstay for 5 days. Unfortunately, the 5 days of your overstay are not eligible for the visa free 90/180 days status.

Had you recognized this problem sooner, you could have applied for visa extension. Visa (or permanent residence) extension can be granted per the regulation (EC) No 810/2009, Visa Code, CHAPTER V, Article 33: A) in exceptional cases where serious personal reasons arise after entry (30 eur fee), or B) for humanitarian reasons or in the case of force majeure (free extension) preventing you from leaving the territory of the Member States before the expiry of the period of validity of or the duration of stay authorized by the visa. You could argue that this is an exceptional case occurring from an administrative oversight and that all airline seats are already booked at this time making it impossible and economically infeasible to get you departed from the Schengen zone on time, just to satisfy the rule.

Another chance is just do nothing and hope for not getting caught at the border (many people go by unnoticed, or with just a warning, or have luck explaining the case at the border control).

Being in your situation, I would suggest obtaining printed evidence that will help you explain your case – the fact that you have purchased your flight reservation before you have been granted your permanent residence (copy of your application? purchase receipt?).

Let us know how you resolved your situation. And, a happy new year.
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pedrovega23
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Posts: 1


« Reply #2 on: January 07, 2017, 05:30:01 pm »

I have kind of the same situation here. Im studying in the netherlands since August and finishing on February. My student visa expires on may 1st, so im planning to stay until that date. unfortunately, my flight is gonna be on may 6th (since the prices before are not that cheap)Do you think there's gonna be a problem for being 5 days without visa? I think the only problem it could be would be at the moment of showing my passport on my way out, but I want to make sure what are the consequences.  What do you think the problem would be? thank you
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danisara
Sr. Member
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Posts: 257


« Reply #3 on: January 30, 2017, 10:01:02 am »

Staying in the Schengen zone without valid visa is not comliant with the law and as such can be punished. Getting fined upon your departure is the most likely scenario. Some people get fined for overstaying a few days, some people do not get fined at all. The result of the case depends on particular situation at the border (whom you meet, what you look like, what your arguments are, etc.). You can read about consequences of overstaying Schengen visa here: Schengen visa overstay. Another scenario is getting caught by a local police, for example at a traffic accident.
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