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Schengen Visa overstay in Netherlands 2017

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Posts: 1

« on: May 14, 2017, 02:18:07 pm »

Hi everyone, I'm in need of some advise as a matter of urgency

I'm a South African. In July 2016 I applied for a Schengen Visa to go to the the Netherlands, I got issued a visa valid for one month with a stay period of 15 days. Subsequently I went to Netherlands within the period and departed within the period thus no overstay.

In September 2016 I applied for another visa to Netherland and I got issued a visa valid for 1 year with multiple entries,however I was not aware of the 90/180 rule

I arrived In Netherlands mid September 2016, ignorant as I was not knowing exactly how the 90/180 day rule worked, I was under the impression that I could stay for a year without leaving the Schengen area albeit I left Netherlands quite often.

In mid January 2017 I was asked for randomly for identification by police in Amsterdam, so I showed them my passport, I was then informed that in terms of the 90/180 rule I overstayed my visa conditions.

I was referred to the vreemdeling Police and they asked me to come to their HQ the following day at a certain time. I was not detained at all and they actually took me to my place of abode and said see you tomorrow. They were absolutely courteous and I was really impressed.

The following day I went to their HQ and I was sat down formally and the rule was explained to me. I was told that I could leave voluntarily or go through a whole process. I was asked would I leave Europe voluntarily and I said off course.

They then issued me with a letter stating that they have informed me that I have overstayed and that the process was explained to me. The letter also stated that I have agreed to voluntarily leave, however there was stated that I agreed to leave within 28 days of signature of the letter.

I signed the letter and the officer said I will be keeping your passport and I would like you to come and see me once per week.

I said no problem and I weekly went and met him. A week before I had to leave he actually returned my passport to me and said that I should really leave before my time (28days expired) what a gentleman... I'm sure you would agree. He gave me a piece of paper that I had to hand in to the border police at Schiphol on my departure that would give him the proof that I have left.

So when me period was up (28 days) I was at the airport and handed my passport to border police. I was asked to take a seat and after some 30 min my passport was returned to me. I was not informed of a penalty, fine or entry ban.

Further there was no stamps or documents attached in my passport other than the exit stamp with the date on.

Now my question and advice that I need...
If I was to be issued a fine or entry ban would I have received it there at the airport when my passport was returned and or when I departed, would they not have stamped or attached something to my passport?

My visa is still valid for 3 months as from today. Is it safe to assume I could go back to somewhere else in Europe within this period as I have no entry ban fine stamp in my passport?

Could somebody please shed light on my situation

Many thanks
And kind regards
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« on: May 14, 2017, 02:18:07 pm »

Sr. Member
Posts: 280

« Reply #1 on: May 24, 2017, 04:36:58 pm »

If you were to be issued a fine or entry ban, you would have received it at the airport. Based on the information you have provided, the case has been solved just with a warning. Technically, you should be able to return; however, you must satisfy the 90/180 rule. Since you have used up all your 28 days, and you already were overstaying during those 28 days, it appears to me that you might need to spend more time outside the Schengen zone than remains on your visa before you comply with the 90/180 rule again.
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