Skip Navigation

Overstaying visa advice for Europe + New Zealand visa waiver

Travel Forums Europe Overstaying visa advice for Europe + New Zealand visa waiver

1. Posted by nick_nz (Budding Member 12 posts) 2y

nick_nz has indicated that this thread is about Europe

Hi everyone, I want to head onto Budapest, Vienna then Munich for Oktoberfest for the final part of my Europe trip. However while double checking visa requirements I believe I may have an issue with this plan so hoping for some advice.

The problem is I’ve been in Europe for the last 4months already. This in itself isn’t an issue as New Zealanders have a special visa which allows us to stay in most western countries for 3months each rather than just the normal 3months in the whole area.

I’m in the UK at the moment but want to fly into Hungary late next week, however because they’re not one of the 3month visa-waver countries for NZ, Hungary states they will only allow Kiwis to enter the country if they’ve been in Europe for over 3months so long as they leave Hungary out of Europe and don’t enter any other Schengen area countries from there..which is exactly what I want to do.. (See info below)

So my questions are:
- how strict are the Hungarian boarders?
- if I break the rule and go onto Austria after a week will it affect my passport not having an exit stamp? And what would be the consequence of being caught?
- And finally, is it worth flying into Austria instead which is one of the visa waiver countries, then I could train into Budapest to avoid any potential problems?

Below is some extracts about the visa complications for Hungary. This is from the NZ Govt site http://www.safetravel.govt.nz/destinations/europetips.shtml

Any help, advice or past experience would be amazing.

Thanks,
Nick

“New Zealand passport holders are able to spend up to three months visa-free in most European countries, and up to six months visa-free in the United Kingdom.

The countries with which New Zealand has bilateral visa waiver agreements are:
Austria Belgium Denmark
Finland France Germany
Greece Iceland Italy
Luxembourg The Netherlands Norway
Portugal Spain Sweden
Switzerland

You can, therefore, move visa-free among the above countries for periods of up to 3 months in each country. If, however, you move to other countries in the Schengen area, the restriction of no more than 3 months out of a 6-month period in the Schengen area as a whole applies. If you have already spent 3 months in one or more of the above countries, your presence in a Schengen area country with which New Zealand does not have a bilateral visa waiver agreement may be challenged by local police or other authorities. You may also be accused of being an overstayer when you leave the Schengen area, or when you enter another country outside the Schengen area.
These visa waiver agreements, and the overall Schengen area visa waiver, are not work visas or work permits.

Note: Hungary has special requirements. Even if New Zealanders have already spent up to 3 months in the Schengen area, they may enter Hungary and remain there for up to a further 90 days visa-free. But they must then leave the Schengen area from Hungary, and must not go to other Schengen countries during their stay in Hungary if they have already spent 3 months elsewhere in the Schengen area.

2. Posted by anamarija (Budding Member 43 posts) 2y

I can't help with the details, but I'll tell you what I've told the others with similar issues: don't mess with visa policies, period. There's no way to predict *your* border-crossing experience, and if you get caught (and there's a very high chance for that to happen) you could find yourself either banned or fined or even held up for a talk with the police. Simply adjust your itinerary to the visa requirements and be happy you'll be able to return to the EU.