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Overstaying tourist visa

Travel Forums Europe Overstaying tourist visa

1. Posted by khudspet (Budding Member 2 posts) 7y

Hi
I have overstayed my tourist visa in Italy (my passport was stamped 5 months ago in the Netherlands). My situation is that I am employed by a US company (I am an AMerican citizen) and have been sent to Italy to work. I have been working here for 5 months, during which time we have been trying to get a visa. We realized that the only way for me to obtain a visa is for the Italian company to offer me a job, which they have done. I now have to go back to the US to wait for the Nulla Osta, which is a prerequisite for a work visa. Once I get the nulla osta, I can apply for a Schengen Visa.
My concern is, what will happen when I try to leave Italy? I am flying from an Italian airport directly to the US. Will they check my passport here in Italy and/or in the US? I am afraid of getting banned. :((

Thanks so much
K

2. Posted by ofthesea (Full Member 46 posts) 7y

You could always take a train, a bus, or drive out of italy and then fly out of another country. You shouldn't be asked for your passport with overland travel, there's no borders between countries in the schengen area,

3. Posted by bentivogli (Travel Guru 2398 posts) 7y

Just to get this straight: you have been

  • overstaying your visa with two months
  • doing paid labour while you were admitted to Europe as a US tourist, on a visa type that explicitly forbids you to do so
  • doing paid labour without a (temporary) working permit issued by the Italian authorities

This means that you can pretty much kiss your chances at easily obtaining a D visa goodbye: also, you don't have to worry about ever getting an Italian working permit because they don't take illegal labour migration lightly.

[ Edit: Edited on 20-Mar-2009, at 02:06 by bentivogli ]

4. Posted by bentivogli (Travel Guru 2398 posts) 7y

... what is likely to happen is that, upon exit, you'll be found out as an overstayer. Italian immigration services keeps a record of these things, but leaving Schengen from another country won't help as these records are to my knowledge all interconnected. Given how long you overstayed, you're likely having to pay a substantial fine as well.

Your overstaying your time in Europe will have severe repercussions for the application process of a D-type visa and, subsequently, a working permit. If you are granted one at all, they will leave no stone unturned, during which process it will most probably come up that you have been working illegally in Italy earlier. This will mean that the Italian authorities will refuse the working permit, which normally would lead to nullification of your visa application, because labour was the underlying cause.

But even if all that weren't the case, I wouldn't be so sure that the italian branch of your company can obtain a working permit for you just like that. The European labour market is very protective, and the company will have to show that you are an essential asset to their operations, and that the position for which they want you cannot be fulfilled by a citizen from a European country. Unless you have some really special skills, this exemption is usually not granted.

[ Edit: Edited on 20-Mar-2009, at 03:42 by bentivogli ]

5. Posted by Hien (Moderator 3906 posts) 7y

Quoting ofthesea

You could always take a train, a bus, or drive out of italy and then fly out of another country. You shouldn't be asked for your passport with overland travel, there's no borders between countries in the schengen area,

You'd think it's that easy, but it's not. Entry and exit records in all Schengen member countries are interconnected.

6. Posted by ofthesea (Full Member 46 posts) 7y

Hm. :/ But they wouldn't have recorded that she was working in Italy, would they have? If she was working under the table. Just because, it worked for someone I know, but this was in Ireland. They just took a ferry to Britain and flew out of there. Because for all they know, maybe she did leave when her visa ran out, and was travelling in the other Schengen countries instead? Unless, the tourist visa is for all the schengen countries?

7. Posted by khudspet (Budding Member 2 posts) 7y

Just to clarify a few things:
I am not being paid by an Italian company. The Italian government does not have any information about me. They will soon however because we are applying for a nulla osta, at which time I will leave the country and wait in the US for it to be approved. I am going thru the work visa tract of highly skilled workers (I am a highly specialized medical researcher)

Because for all they know, maybe she did leave when her visa ran out, and was travelling in the other Schengen countries instead? Unless, the tourist visa is for all the schengen countries?

I have been thinking about the above question. If they stop me at the airport to check my passport, couldnt I just say I was traveling around Europe for 5 months?

K

8. Posted by bentivogli (Travel Guru 2398 posts) 7y

The tourist visa is for up to 90 days within the entire Schengen area. Also, immigration officials aren't stupid: they've heard every conceivable excuse story more than once, so even if it were possible, the chances of them buying it would be extremely low.

Let's face it: there is no chance that you can worm your way out of this. Be forthcoming, and hope for the best; it's all you can do.