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visa questions.

Travel Forums General Talk visa questions.

1. Posted by glally (First Time Poster 1 posts) 7y

hello.
ive been living in berlin for just over 4 months. ive overstayed my 90 day visa by just over a month (i was stamped on december 29, 2008). i am traveling to abu dhabi in a couple of days. i fly out of tegel and into brussels, then onto abu dhabi. the flight back to berlin is the same in reverse. i fly out of berlin and back home to the u.s. on may 16th.

my questions...
how likely am i going to have an issue getting out of the EU?
upon return to the EU, will i receive a new 90 visa?
i intend to bring a copy of my flight info (about my return to the u.s.) with me to show that i am leaving germany soon.
i have over stayed my visa due to my own negligence, and would like to take this last trip and return home without a lot of trouble.
do you have any tips/advice on what to say or not say or do?
thank you so much in advance!
g.

2. Posted by Blinq (Inactive 341 posts) 7y

The minimum fine for overstaying a Schengen visa is 500 Euros. The maximum figure is 1500 Euros. Generally speaking, a 30 day overstay will result in a fine of 1200 Euros, so have that sum ready when you leave Germany.

The main problem with an overstay though is that it will probably have a negative influence on your next visa application. Since the Schengen visa applies to 23 of the 25 EU member states, you may have your application rejected by any one of them when you next apply. Ireland and the UK are not part of the Schengen area although they are both member states. But the fact that your passport will be stamped to indicate you overstayed in Germany may deter either of those two countries from approving a visa application as well.

3. Posted by t_maia (Travel Guru 3289 posts) 7y

Blinq, AFAIK the rules are different for every Schengen member state. That means the Dutch fine according to their laws and the Germans fine according to their laws. I am assuming you are quoting Dutch fines, right?

But the fact that your passport will be stamped to indicate you overstayed in Germany may deter either of those two countries from approving a visa application as well.

Actually it will make any visa official in the world with half a brain wary.

What is more, the Germans will most definitely enter you into SIS (Schengen Information Service), marking you as "undesired person". So even if you loose your passport you pretty much busted your chances of getting a long-term visa for any of the Schengen states.

[ Edit: Edited on 29-Apr-2009, at 14:03 by t_maia ]

4. Posted by Blinq (Inactive 341 posts) 7y

Quoting t_maia

Blinq, AFAIK the rules are different for every Schengen member state. That means the Dutch fine according to their laws and the Germans fine according to their laws. I am assuming you are quoting Dutch fines, right?

No, actually it was fines Greece imposes.

@ Glally, the best thing to do I would think is to get a German friend to email the German Foreign Ministry on your behalf to enquire what the penalties are for overstaying your Visa. Their web site is here: German Foreign Ministry Click the link to "Contact Form" top right of the page.
I couldn't find any reference to penalties for overstaying a Schengen Visa anywhere unfortunately.

There's also a site which deals with German law here: Centre For German Legal Information There's an option to email them via their "Contact" link there too.

5. Posted by t_maia (Travel Guru 3289 posts) 7y

For anybody else looking at this info: As of current, the Germans do almost nothing. I know that for a fact because I can read German and have looked up the relevant laws. What they do is write down your address and let you board the plane. Two months later they send you a bunch of complicated forms and letters in German that you have to sign - and you end up having to hire a lawyer in Germany to resolve this matter for you. So no fine at the airport, but lots of money further on when the lawyer's bill comes.

6. Posted by Redpaddy (Inactive 1004 posts) 7y

If you're let out the country without a fine - consider yourself lucky, but it does happen. However, it may affect your next visit, if you plan one.
I had a situation in Switzerland awhile ago which involved me being arrested for a short time. Too big a situation to go into here, but briefly I committed a driving offence. I never paid the fine - but was sent several letters afterwards from the Police in Switzerland, The British Consulate in Bern and the Foreign Office and Swiss Consulate in London. One of the letters stated that unless I paid the fine, I would not be allowed back into Switzerland. As yet, I haven't tried to go back. Watch this space.