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URGENT! Overstaying German Schengen Visa by a JUST a few hours

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studenttraveller
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« on: May 19, 2011, 12:47:53 am »

Hi,

I am international student studying in the U.S on a Fulbright scholarship(J1 Scholar). I am travelling to Berlin, Germany for a month long Study Abroad Studio. I received my visa today which is a 32 day Multiple entry visa. The visa is valid till the 30th of June. However I have my return flight on the 1st of July at 6:40 am. Technically this falls under the domain of overstaying. I have contacted my travel agent for a change in flight and the fees and new ticket difference come out to be around $700. This is an insanely huge amount which I obviously cannot pay. I cannot go back to the consulate and reapply for a visa JUST for 6 and half hour overstay, as it takes about 15 days for my visa to process. I am quite disturbed and have no idea what to do, I have about 14 hours to make a decision so a quick response would be highly appreciated.

I have read tons of forums in the last 6 hours. Some people get fined, some even get jailed due to overstaying. And are simply not asked anything, because this happens sometimes when people miss their flights.

I am in need of URGENT advice, help or assistance.  Huh Huh Huh

Thanks you.
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« on: May 19, 2011, 12:47:53 am »

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studenttraveller
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« Reply #1 on: May 19, 2011, 12:51:16 am »

******I have read tons of forums in the last 6 hours. Some people get fined, some even get jailed due to overstaying. Whereas some are simply not asked anything, because this happens sometimes when people miss their flights.**** I do not want to take that risk, but then again I don't have an extra $700 to blow out on this. 
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carolinafan21
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Posts: 3


« Reply #2 on: May 19, 2011, 01:20:14 am »

Here's my understanding, which I can't get any embassy or any authority to tell me (because embassies don't answer their damn phones!).  If you're in the Schengen Area and you are staying beyond your allowed duration, once you are in the airport to fly out of the Schengen Area, what are they going to do?  Nothing.  (That is unless the Schengen countries are buddy-buddy with the non-schengen countries so that the non-schengen countries tattle-tail on you when they see you're leaving after your allotted time.

I, for example, want to stay in the Schengen area for longer than 90 days which is my allowed time there.  But if I decide to spend a year there and then leave to go to the UK and then fly out of the UK to go home, are the UK border authorities really going to stop me and say, "Hey, you've been in the Schengen area too long?"  I don't think so.  I don't think the authorities of the country you going into care about where you've been.  And there aren't Schengen authorities, to my knowledge, at the schengen-non-schengen borders checking to make sure you've stayed within your allotted time.

I'm not sure where you're from but it's like here in the U.S.  Mexicans commonly come over here and stay beyond their allotted time.  But when they do decide to go back to Mexico, do the Mexican border authorities say, "wait, you've been in the U.S. too long, you're in trouble."  I don't think they do.  I think Mexican border authorities care only about who they're letting into their country, not where you've previously been and whether you broke rules.

This is just my guess.  Another think I might add is I contacted a Spanish lady about this issue because I wanted to get her opinion (she puts backpackers up and knows first-hand), she agreed with me that it's really just up to the border authorities at that place.  Some people have problems, others don't.  There's no real black and white answer to these questions and even if I do get a hold of an embassy to ask, they're likely not going to give me the "real" information, they'll just talk in their legal mumbo-jumbo because they don't want people thinking they can get away with breaking rules.

Anyway, my first belief still stands, that non-schengen border authorities are going to care less how long you've been in the Schengen area.  And it's not worth $700; risk it and see where it leads.  Go where the winds lead you, that's what makes life living.  I encourage you to come back to this forum and let us know what happened...it's good info for current and future travelers.
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studenttraveller
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Posts: 3


« Reply #3 on: May 19, 2011, 02:21:14 am »

First of all, I REALLY appreciate keeping one's sense of humor alive in tough situations. You're post made me laugh and look at the situation with a lighter head. Thanks for that carolinafan21.

Having said that, it got me thinking on other possible issues. Let me clarify somethings. Firstly, in my case there will be no 3rd country involved. I live in the U.S, will fly to Germany and come back to the U.S. At the moment I was only concerned with the authorities in Germany having a problem with me leaving 7 hours(officially next day) after my visa expires. But now, after reading your post, I am thinking will the authorities in the U.S have some problem if I get back on the 1st of July rather than the 30th of June? (as you mentioned Buddy-buddy countries)

Also my travel route is through Brussels both going in and out of Germany, NOW I am thinking will the authorities at Brussels would have a problem with me(my stay there is not more than 2 hours, its a change of carriers)?

So my concerns shared again:
1. Will the German authorities have an issue with me leaving the next day after visa expiration? If so can I avoid that by going through them earlier in the day and waiting a few hours in the departure lounge till the actual flight.
2. Will the U.S authorities have an issue with me overstaying ONE day upon return?
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lobat67
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Posts: 2


« Reply #4 on: May 26, 2011, 01:52:49 am »

Though your flight leaves after your visa expires, I can see no reason why you can't report to the airport before the expiry and check in and pass border control.  If the check in desk is not yet open, then I'd suggest just presenting yourself to border control at the airport and explaining the situation. Despite what people think, border teams are human and will understand.
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Solongo
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Posts: 2


« Reply #5 on: May 31, 2015, 11:49:58 pm »

Hello ! As I see tomorrow is gonna be important day for you ! Good luck I hope everything is gonna be alright ! I am having exactly the same problem as you. My flight ticket is on 15th July but visa will be expired on 14th july (flying from Austria) . So I would really appreciate if you share your experience. Thank you ! Goodluck again  Smiley
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Solongo
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Posts: 2


« Reply #6 on: May 31, 2015, 11:51:31 pm »

Oh confused with the date
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