Staying longer than 90 days in Europe

Travel Forums Europe Staying longer than 90 days in Europe

1. Posted by Jcr86 (Budding Member 3 posts) 4w Star this if you like it!

Hi Guys,
I’m an Aussie stayin in denmark, my days are up and I applied to extend my stay on the basis of spending more time with my Danish girlfriend but it has been denied, is it too late to make use of the bilateral agreement with Germany? Any help would be greatly appreciated.

2. Posted by AndyF (Moderator 1728 posts) 4w Star this if you like it!

It's not clear-cut but I think the short answer is no Germany isn't a simple option.

If you did nip into Germany and spend time there, since there is no border point between there and Denmark you will have the obstacle on your return of proving that you spent time outside the Schengen area, or if you fly home from Germany you will have the problem of proving to the officials on departure that you weren't overstaying as there would be no record of you entering Germany to use your bilateral agreement rights.

The solution most people use to stay longer in Europe is to go to European countries which are outside the Schengen area. Eg the UK, Ireland, Croatia, Serbia, Romania, Bulgaria, Bosnia, Montenegro.

[ Edit: Edited on 22-Aug-2019, 12:50 GMT by AndyF ]

3. Posted by leics2 (Travel Guru 940 posts) 4w Star this if you like it!

Germany and Denmark are both in the Schengen Agreement (along with many other EU and non-EU countries).

As an Australian citizen you are allowed to stay in the Schengen Zone for a maximum of 90 days in any 180 day period. Your entry date, whether by land, sea or air, is recorded on the shared system and when you leave any overstay will be apparent. There are potential fines for overstaying as well as potential difficulties in re-entering the Schengen Area in future.

You applied for your stay to be extended and that was denied. I suspect doing that has already flagged-up your overstay, though it will anyway be discovered when you leave (land, sea or air).

>is it too late to make use of the bilateral agreement with Germany?

The Australia/Germany bi-lateral agreement pre-dates the Schengen Agreement but has much the same effect. You are allowed up to 90 in any 180 days in Germany without needing a visa.

https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content_1

In order to take advantage of this you'd need to leave the Schengen Area before your 90 days are up, go to a non-Schengen country (e.g. the UK, Ireland) and then re-enter Germany, making sure your passport has entry and exit date stamps.

As you've already overstayed your Schengen allowance I suspect you might have issues trying to take advantage of the bi-lateral agreement even if you do enter Germany from a non-Schengen country.

[ Edit: Edited on 22-Aug-2019, 12:53 GMT by leics2 ]

4. Posted by ToddP (Moderator 224 posts) 4w Star this if you like it!

Have you overstayed already or just 'heading' towards the 90 day deadline?

5. Posted by Jcr86 (Budding Member 3 posts) 4w Star this if you like it!

I hadn’t overstayed at the time I sent the application, but as of today I’m 5 days and and it’s today I received the reply to my application

6. Posted by leics2 (Travel Guru 940 posts) 4w 1 Star this if you like it!

>as of today I’m 5 days

I'd advise you need to leave Schengen asap to minimise your overstay. You can go to any non-Schengen country but can't re-enter Schengen for another 90 clear days. It's up to you whether you want to try getting into Germany under the bi-lateral agreement but your Schengen overstay may well affect the decision made by the border officers.

I'd also advise you to have any paperwork related to your application to hand when you leave Schengen. Your overstay will still be noted on the system but, if you're questioned, the paperwork will back up your explanation as to why you didn't exit on or before the 90 days were up.

7. Posted by Jcr86 (Budding Member 3 posts) 4w Star this if you like it!

Thank you for your help guys, I’m not sure if it’s worth trying the option with Germany or not either way I will need to organise my things prior in case I do get refused. The main concern with Germany is not being let out of say the uk to fly back to Germany if the airline are understanding of the agreement or not

8. Posted by leics2 (Travel Guru 940 posts) 4w Star this if you like it!

You are right that there may be an issue with the airline, though I'm not sure how closely they check the passports of citizenships which are entitled to visa-free Schengen entry. It will probably be worth phoning or emailing them to check before you book a ticket.

It's not just the airline you need to consider.

I came across a TP thread about this which quotes from an email sent by the German Embassy. It says that, to take advantage of the bi-lateral agreement, you need to leave Schengen before your 90 days are up and then enter Germany from a non-Schengen country. The thread is from 5 years ago but I doubt things have changed:

https://www.travellerspoint.com/forum.cfm?thread=101943

You could try emailing the relevant German Embassy once you have left Schengen.

[ Edit: Edited on 22-Aug-2019, 15:17 GMT by leics2 ]