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Overstaying schengen visa

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Arceno
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Posts: 3


« on: January 12, 2018, 08:04:45 pm »

I am a filipino citizen and i've got a 30-day schengen visa but my concern is i am still in the schengen area particularly in slovakia for 2months already. What would be the best option to do since i am with my boyfriend? Thank you!
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« on: January 12, 2018, 08:04:45 pm »

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porsche
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Posts: 202


« Reply #1 on: January 15, 2018, 05:05:05 pm »

Since you have already ovestayed 30 days, your safest option is to marry your boyfriend.
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Arceno
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Posts: 3


« Reply #2 on: January 15, 2018, 05:14:11 pm »

Thank you for the reply and for that information. May i know also if after marrying him will the immigration officer still run after me?
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porsche
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Posts: 202


« Reply #3 on: March 16, 2018, 06:31:40 pm »

When married, you are entitled to citizenship if your partner's country.
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Arceno
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Posts: 3


« Reply #4 on: April 05, 2018, 06:07:06 pm »

One last concern. My boyfriend said that marriage is not possible for me to get residence permit here. I don't know why, i don't know what to do anymore!
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akbuluthasan
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Posts: 1


« Reply #5 on: April 09, 2018, 06:34:08 am »

With his green passport my father came from Turkey to Germany on 6 August 2017, then he left Germany on 12 September 2017 and came to Turkey

Then he came from Turkey to Germany again on 29 October 2017, then he left Germany on 9 December 2017 and came to Turkey.

Then he came from Turkey to Germany again on 11 February 2018, then he left Germany on 6 April 2018 and tried to come to Turkey.

When we submitted our passport on passport check on Berlin Tegel, the police said my father has 7 days overstay with his green passport saying that they do not care about the first time he was in Germany ( which is 6 August 2017 ) but they take the second visit ( which is 29 October 2017 ) in to consideration and gave us a document

For me this is not acceptable calculation because ON THE COMMON INSTRUCTIONS FOR THE DIPLOMATIC MISSIONS AND CONSULAR POSTS OF THE CONTRACTING PARTIES TO THE SCHENGEN CONVENTION SAYS THAT this visa entitles aliens who seek to enter the territories of the Contractin Parties, for reasons other than to immigrate, to carry out a continuous visit or several visits whose duration does not exceed three months in any half year from the date of FIRST ENTRY. As a general rule, this visa may be issued for one or several entries.

So, the police has taken us to a room in Berlin Tegel Airport and i tried to explain them they have to take the first entry into consideration ( then the new 180 days were to start for my father ) but they have insisted that they take the second entry which is 29 October 2017 into consideration.

I still do not understand why we were behaved like this, there was a big risk that we were about to miss our flight, thanks that we have been to the airport early.

Then the police gave us a document but said still we can fly.
The document they gave us was saying that my father can not make any other visit till 4 May 2018 and can stay only 35 days.

Can you please make a comment on this. I am really very nervous on what has happened to us and do not want to be in the same situation since people were looking on us with different eyes on the passport check when this happened and this is terrible.
I am waiting for your comments on this.
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JB1JB
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Posts: 1


« Reply #6 on: April 19, 2018, 10:06:42 pm »

I am a Filipino citizen married to a British citizen we are living in Spain, my problem is I am here on a Non EU spouse married to an EU citizen visa, it ran out in February but i am told as long as I am with my husband I am fine to stay, unfortunately I need to go back to the Philippines for a month, if my husband is at the airport with me but not leaving with me will I be penalized for overstaying my visa and will I be able to get a visa to return. I am not able to get residence in Spain until I return from Philippines my husband has Spanish resident status
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steven
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Posts: 220


« Reply #7 on: April 23, 2018, 10:05:10 am »

I am a Filipino citizen married to a British citizen we are living in Spain, my problem is I am here on a Non EU spouse married to an EU citizen visa, it ran out in February but i am told as long as I am with my husband I am fine to stay, unfortunately I need to go back to the Philippines for a month, if my husband is at the airport with me but not leaving with me will I be penalized for overstaying my visa and will I be able to get a visa to return. I am not able to get residence in Spain until I return from Philippines my husband has Spanish resident status

My advice is to get the residence in Spain before you go anywhere. Departing the country and attempting to come back with overstayed visa might be major complication.
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porsche
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Posts: 202


« Reply #8 on: April 23, 2018, 10:19:56 am »

With his green passport my father came from Turkey to Germany on 6 August 2017, then he left Germany on 12 September 2017 and came to Turkey

Then he came from Turkey to Germany again on 29 October 2017, then he left Germany on 9 December 2017 and came to Turkey.

Then he came from Turkey to Germany again on 11 February 2018, then he left Germany on 6 April 2018 and tried to come to Turkey.

The explanation of

Quote
continuous visit or several visits whose
duration does not exceed three months in any
half year from the date of FIRST ENTRY

is that the duration shall not exceed three months in any half year from the date of FIRST ENTRY - but first entry within that period of 6 months.

In other words, upon your departure on 6 April 2018, you look back 180 days. You get 8 October 2017, that is the day on which your 180-days period starts. Then you count your days between 8 October 2017 and 6 April 2018. The officers were correct when they ignored the August visit from their calculation.
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