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ENTERING THE SCHENGEN ZONE AGAIN AFTER OVERSTAYING?

Travel Forums Europe ENTERING THE SCHENGEN ZONE AGAIN AFTER OVERSTAYING?

1. Posted by cloclobel (First Time Poster, 1 posts) 8 Oct '10 05:16

hello,

I am British and my Boyfriend is from Venezuela (holds a Venezuelan passport).

We have been together for over a year and now want to get married in Spain, where we have recently moved. In the last year we have traveled to many places (US,Venezuela,UK)

We entered Zurich (the Schengen Zone) via the Uk in April this year and then spent some time in Germany and Austria. We decided that we wanted to live in Spain to settle there and that we wanted to get married. We did all the relevant paperwork required for marriage in Spain and those papers have been excepted by the registry office,only to find out that we would have to wait almost 6 months for a our wedding date. So we started looking at other countries where we could marry without such a long wait. On enquiring at Gibraltar registry office we were told that my partner has overstayed his Schengen Visa as his passport was stamped in Zurich in April and on entering Spain Via Girona airport noone was even there to check passports. They were concerned that if we married in Gibraltar that he could get stuck in Gibraltar when he trys to enter Spain again because Spain (the Schengen zone) may notice that he had overstayed prior to his wedding. That they may not let him enter, even though he would have a marriage certificate to a European citizen in his hand. Now we are in a complete panic. We are very much in love and only want to reside happily together. We are both living in fear of being seperated.

I would be very grateful for any advice you may have!!!

Many thanks Chloe

2. Posted by bentivogli (Travel Guru, 2398 posts) 23 Oct '10 03:13

Next time, please try to be brief. This will greatly increase the chance of getting a response.

As I understand, your Venezuelan boyfriend currently is on UK soil (Gibraltar) and has overstayed his short-stay Schengen visa. Correct?

First things first: afaics, the marriage is completely irrelevant to all of this.

Second: yes, he does have a problem. Spain is harsh on visa violations, so the chances of him being re-admitted are minimal. Then again, there may be special provisions as he is Venezuelan; I know that for instance special rules apply for Argentinians and Chileans. However, if that were the case, that would only go for Spain and not for the rest of the Schengen area.

My advice would be to take a direct flight from Gibraltar back to the UK, assuming he still has a valid title of stay for that country. If he doesn't, I'm afraid that the options become really VERY limited...