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2wks overstay in Spain & counting.. what's an intern to do??

Travel Forums Europe 2wks overstay in Spain & counting.. what's an intern to do??

1. Posted by bri_ana (Budding Member 3 posts) 6y

Citizenship: USA
Country of entry: Spain
Date of entry: 16-01-2010
Type of VISA: Schengen
Occupation while abroad: Internship Program, Photography & Film
Intern Program Length 01-02-2010 . 31-05-2010
Ultimate Plan: Graduate School in Europe

So... I've got a few questions, and I thank everyone for their patience. I know this is such a persistent matter!

1) I do not have a student VISA! I am intern and have needed at least 4 months to complete the program. This is because the earliest VISA appointment I could get with the Spanish Consulate back in California was for Christmas EVE day. Strange, yes?

I canceled my appointment, because surrendering my passport between Christmas and New Years seemed to be extremely questionable - there are no promises for the processing time. I kept my passport so that I could at least leave the country on time.

2) Now that I have overstayed my VISA, a little bit more than 2 weeks, will I be punished if I leave the Schengen Area?

3) If #2 works out, such that my VISA does not get a big bloody X for overstaying in Schengen, could I stay in the UK for 3 months for the 90 out of 180 days rule to fulfill, and then legally come back into the Schengen Area for another 90 days? Or will they know and deport me?

4) If I return to the USA, and apply for the student VISA... does this "sort out" my legality to return to Europe? I.E. 1st Entry is Schengen VISA, 2nd Entry is on the Student VISA

I suppose they will only give me the student VISA if they do not know that I overstayed. How is this possible?

5) OR, theoretically.... if I am lucky enough to be offered a job with an employer that is willing to sponsor me, will the application to get a work permit and all 'FIX' my overstay situation? Or, at the employment office.. or the foreigner office... will they look at me and say, "BUT you overstayed while looking for a job!!" And not allow me to go forward with the process, now that I have a job?

Thanks again!

2. Posted by t_maia (Travel Guru 3289 posts) 6y

I canceled my appointment, because surrendering my passport between Christmas and New Years seemed to be extremely questionable - there are no promises for the processing time. I kept my passport so that I could at least leave the country on time.

Sorry, but this was the most idiotic thing you ever did.

Let me sum your situation up: You came to Spain without the proper visa. You entered visa-free as a tourist, despite the fact that as an intern you'd have needed a special visa with a work permit. You intentionally overstayed your welcome and have actively been looking for a job. You now want help with getting a work permit and a residency permit for Spain.

Do you have any clue how this sounds? Do you know what would happen to me if I tried to do this in the USA?

If I return to the USA, and apply for the student VISA... does this "sort out" my legality to return to Europe?

This is going to be difficult. You'd not be illegal anymore, but I highly doubt you are going to get the visa. Spain is notoriously difficult. Get out ASAP and pray you do not get caught.

if I am lucky enough to be offered a job with an employer that is willing to sponsor me, will the application to get a work permit and all 'FIX' my overstay situation?

Not in a million years.

will they look at me and say, "BUT you overstayed while looking for a job!!"

If they just look at you consider yourself very lucky. Face it, you are an illegal immigrant right now, one wrong move and you are behind bars.

3. Posted by bri_ana (Budding Member 3 posts) 6y

Okay. To be frank - I don't intend on 'setting up shop' here and have no desire to, at least at this point in my life. I do not, however, care to be caught up in international law. I am a photographer and filmmaker by career, so a self-employment VISA is what I would be applying to. There is always reason for a freelancer to travel, though I have learned that being autonomous on papers in the EU is no easy task. This is compacted by being young and not having sponsorship by an international newshouse/firm/NGO/a government.

I suppose I could start applying to graduate schools now, though part of why I am here is to visit them and make some conclusions. Let's say my 1st lesson learned is to not have signed up for a program of this length. I was not eligible for a student VISA, as I have already graduated (undergraduates are lucky!), but my program suggested that I could try anyway. I am sorry I did not supply more information before.

question 1 -- If I leave by cutting off my internship program, and fly to the UK, is this the most feasible course of action?
Key words: With proof of more than sufficient funds/2.5weeks, not 2 months of expiry.

imminent plan -- be in the UK for at least 3 months, leaning towards 6 months should I garner another media internship. I already know the spiel concerning british officials, et cetera. I suppose each person's story is their own, and the law is never exercised in the same exact way.

Opinions concerning the UK with an overstayed Schengen VISA with what I have mentioned?

...I'm not quite sure what to make of the genital mutilation immigration horror-truth story link. It's inappropriate to liken yourself to her situation.

4. Posted by t_maia (Travel Guru 3289 posts) 6y

Look, you already wrote that you have already overstayed your 90 days. There is no way out, you have to return to the USA ASAP. Once back you can apply for the necessary visa in the USA. There is no other way. If you had asked for help before the 90 days were up there would have been a way to help you, but now it is too late. Get your arse back home.

I'm not quite sure what to make of the genital mutilation immigration horror-truth story link. It's inappropriate to liken yourself to her situation.

The point was that she was arrested and spend over 2 years in prison in the USA simply because she came to the USA without the proper visa.