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EU Overstay Banned for 5 Years

Travel Forums Europe EU Overstay Banned for 5 Years

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11. Posted by Cyberia (Travel Guru 1855 posts) 6y Star this if you like it!

You should have overstayed in England. They would have given you citizenship and asked if you wanted a free house and some free money.

Or offered you a million pounds in legal aid to fight your case.

12. Posted by Shivan (Budding Member 6 posts) 6y Star this if you like it!

Quoting Utrecht

Curious about the reason you overstayed by the way. This might have something to do with the penalty. Do you want to share?

Ok... I overstayed because several close friends had overstayed with no problems.... I was in love (still am) with a girl in Belgium... there is a page on the Dutch site that states Canadians can stay longer than 90 days.... quoted here:


I want to stay longer than 90 days (MVV procedure)
If you want to visit the Netherlands for an uninterrupted period longer than 90 days, you must apply for an authorisation for temporary stay (an MVV). An MVV is a D visa, on which you can travel to the Netherlands and subsequently apply for a residence permit. An MVV is needed by the nationals of all countries except the EU member states and a few other countries. See the list of countries (Canada is one) whose nationals do not need an MVV for a stay of longer than 90 days. Click on the link at the top right of the page to download the MVV application form as a PDF file.
If you do not need an MVV and wish to stay in the Netherlands for longer than 90 days, you must still report to the Immigration and Naturalisation Service (IND) to register and/or apply for a residence permit on arrival in the Netherlands. For more detailed information about the MVV procedure, plus the entry conditions for all nationalities for stays both longer and shorter than 90 days, see the IND website ( Use the Residence Wizard to find out what situation applies to you.
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I have an MVV/D visa; can I use it to travel to other Schengen countries?
As a rule, yes.
A D visa (or an MVV as it is known in the Netherlands) is a national visa that allows the holder to enter the Schengen country that has issued the visa and apply for a residence permit (in the Netherlands you have to do that within eight days of arrival).
As of 5 April 2010, the D visa also entitles its holder to visit other Schengen countries. Travelling on a valid D visa, you can spend 90 days of any 180-day period in other Schengen countries.

Canada is one of the countries exempted from the 90 day rule according to this site.

From the Ministry of Foreign Affairs Netherlands information site:


On several forums it seemed an overstay was not a real problem, and as a Canadian in Holland where I was the entire 8 months the word was that overstays were not an issue, so based on these various bits of information I naively thought there was not a problem.

And a close personal friend suggested I appeal the penalty due to her knowledge of the EU immigration. I had actually surrendered to the situation until her encouragement to attempt an appeal, nothing to lose, and I have been 100% transparent with the Dutch Consul in Canada, who was very surprised when he heard the penalty I received for the overstay. basically I fuqued up and had I known the potential for this penalty I would have been more determined in finding the truth.

So I will find out soon whether It's pardoned or not.... it's up to the Gods at this point....

13. Posted by CheersT (Inactive 2578 posts) 6y Star this if you like it!


Good luck.


14. Posted by GingerCat (Budding Member 4 posts) 6y Star this if you like it!

I understand that the penalty is higher for over stayers in Canada. A guy in Red I believe shouts " Mush Mush at you!

15. Posted by SkiBunny84 (Budding Member 26 posts) 6y Star this if you like it!

Quoting Utrecht

Not severe and harsh in my opinion. It's a simple rule and 5 months is not a few days overstaying by accident, but a welll considered decision by you isn't it?

I agree. It sucks, but you broke the rules and that's the consequence. You chose to overstay your visa and unfortunately that means you have to face up to those consequences.

You can stay longer than 90 days often, but you can't just randomly stay. You should have extended your visa. It's not usually too hard to do and I suspect it's the reason you were punished.

As for why your punishment was so harsh, Canada is currently tighening up its visa rules and that includes keeping people from overstaying their visas. Since this sort of thing is often reciprocal, maybe that's why you had issues.

[ Edit: Edited on 12-Oct-2011, at 06:22 by SkiBunny84 ]

16. Posted by morro (Full Member 102 posts) 6y Star this if you like it!

ahh, so there is a girl involved? I can understand why you are so cut up about it now.

you f'ed up and now you have to live with the consequences. I personally think a 5 year penalty is spot-on as a punishment. It is great that you have come on here and shared your story though.

Good luck!!

17. Posted by GingerCat (Budding Member 4 posts) 6y Star this if you like it!

Well maybe the girl should apply for a visa for Canada and stay with you there. But I agree with everyone else, I personally think It should be a Life ban.

18. Posted by Shivan (Budding Member 6 posts) 6y Star this if you like it!

Yes! A full pardon from the Dutch Consul in Canada, he agreed, the penalty was beyond what is normal based on the circumstances and the agent overstepped his authority... Europe here i come!!!!!!

19. Posted by morro (Full Member 102 posts) 6y Star this if you like it!

so, what was the punishment then? was there any punishment or was it a complete pardon?

make sure you don't overstay this time or they will ban you for life!!

Post 20 was removed by a moderator