Overstaying Visa, what happens?

Travel Forums Europe Overstaying Visa, what happens?

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1. Posted by moutonne (Budding Member 2 posts) 15y Star this if you like it!

Hello. We were planning to live in the EU for about six months, but we recently found out about the Schengen rules. We have already committed to an apartment and would like to stay but are worried about the consequences. One big problem is that we had packages sent to us (ie, the customs now has our fixed address) and the customs people are requiring us to give them our passport in order to have the packages released (they are being kept in Germany). Will they will scan our passports and tell us that we have to leave? What are the consequences for overstaying a tourist visa (we are Americans)? A fine? What time frame will they give us to depart the EU?

Would they allow us a slight extension to pick up our packages before we leave (they are arriving after our visa expires)? Or would we be forced out immediately once they realize we have overstayed?

Do you think we could ask for an extension to stay and recieve our packages if we will leave immediately after?


2. Posted by Annet (Budding Member 12 posts) 15y Star this if you like it!

I couldn't tell you what happens when you overstay your visa, but I would really advice against doing it. Particularly since 9-11 this kind of thing is treated much more seriously than it used to be. I would imagine that you would also have difficulty ever getting back into Europe after having overstayed once. (A real bummer if you've just made some new friends!!)
Is there no way you can apply for a longer-term visa before you leave? Check with the consulate or embassy of the country you're going to (Portugal? and Germany?). See what you need and how much it would cost to get a visa for 6 months.

I'm not sure I fully understand the story about the packages. Where were they being sent from? Why are they being kept in Germany?
Good luck!

3. Posted by mikeyBoab (Travel Guru 5078 posts) 13y Star this if you like it!


4. Posted by maridod (Full Member 114 posts) 13y Star this if you like it!


I can tell you what happens when you overstay your visa...you have to pay money and alot of it!! I overstayed my visa in Greece by about 20 days and now owe close to $700 dollars to the Greek embassy. I do not have to pay this pay, but what happens it that I will not be allowed back into Greece and any other Schenegan countries for 5 years. I am also assuming that there will be some sort of mark on some file somewhere saying that I overstayed the visa. I am telling you right now....you will have your passort marked that you overstayed. Being American...you will probably not have any stiffer consquences than that...but I know Germany has some of the strictest immigration laws in the EU so I can not guarantee anything. My suggestion to you would be to at least get a 30 day extension to the 90 day tourist visa. Most countries allow tourists to extend their visa for up to 120 days without any significant paperwork. Another option that would make your life even simplier and keep you from paying large fines later would be to leave the EU. Check out www.germanwings.com. Before your ninety days are up...leave to a non-EU country...go to Turkey or Russia for the weekend. When you come back you will have a fresh stamp on your passport and 90 more days...which I think would bring you to your six month mark. Best of luck to you. Feel free to e-mail me if you have an additional questions.

-Grace Marie

5. Posted by bentivogli (Respected Member 2398 posts) 13y Star this if you like it!

don't do it; best-case scenario says immediate deportation when caught, worst-case scenario is that you never get a visa again for life. see the other threads re this issue.

don't try messing with european immigration, customs and visa policies!

Niels (Amsterdam)

6. Posted by t_maia (Travel Guru 3290 posts) 13y Star this if you like it!

Could you please elaborate on your problem?

I think the others already made it clear that you shouldn't mess with immigration services, but I would like to help you. For this I need more information.

1) Where do you arrive in Europe?
2) Where do you intend to stay for how long?
3) Where did you rent your appartment?
4) Why are you planning to stay for so long - study, work, language course, etc?
5) When do you arrive (ie how long until your flight leaves)?

PM me if you do not want to explain all this in this forum. Please have some patience with my further reply, I've got exams looming. (German Foreigner's and immgration law, urrgh!) ;)

7. Posted by moutonne (Budding Member 2 posts) 13y Star this if you like it!

Aloha guys, thank you for your concern. This was two and a half years ago, so no longer an urgent concern ;) In the end we did overstay our visa, but not by a very long time. The officials didn't say anything about it when we left the country, but I haven't been back since. My friend has just gone to Italy, so I guess I'll hear if there was any sort of trouble.


8. Posted by Oliver08 (Budding Member 14 posts) 10y Star this if you like it!


Hi all. I'm reviving this post because it is the question I want to ask, I need some answers, and the information up to this point has beome somewhat out of date (For example: One of the replies states that you must exit for only 1 day, the requirement now is that you exit the schengen area for 90 days to gain another 90 days of travel within).

I am Australian.
This means that I have 90 days of travel within the Schengen zone.
I have overstayed this period.
I want to know 2 things..

1: What are the penalties for my crime? (Fines? Bannes? Confinement?)
2: How can I avoid being caught? (I fly back to Australia out of Heathrow, therefore I must go back to the UK.)

It would be great to hear of your experiences in the same situation. Or just any general info from people who know what they're talking about. I need to make some decisions asap.


9. Posted by t_maia (Travel Guru 3290 posts) 10y Star this if you like it!

Oliver, please start your own thread! The original poster gets notified automatically everytime somebody replies to his thread, so it is not very nice to hijack somebody else's thread.

Post 10 was removed by a moderator