*special situation* -trying to stay in Europe for longer than 90 days
Replies: 6 - Last Post: Nov 7, 2012 5:52 AM Last Post By: SadisticToaster
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*special situation* -trying to stay in Europe for longer than 90 days
Hi all,I have researched extensively about how to stay longer than 90 days in Europe but still I cannot find any info that helps me make a better decision since my situation is rather extraordinary.
I am from Hong Kong and a BNO (British National Overseas) passport holder. The passport looks very much like a BC (British Citizen) passport, so when I entered Belgium (via the Brussels airport) from Hong Kong, I got no entry stamp. The same happened after I flied back to Belgium after two weeks in the UK.
I have met a guy I like here and would like to stay in Belgium for more than 90 days. The problem is, I was already in the Schengen region on and off for about 70 days between May and July but with a different (HKSAR) passport, which was stolen at the end of the trip. Then I returned to Europe in late September after less than 90 days.
Now here come my questions:
1) If there's no entry stamp on my passport, does it mean I can stay here for longer than 90 days and probably nobody would find out?
2) When I fly back to the Hong Kong, will the immigration officials routinely check the passengers' arrival date at the airport? If yes, how should I cope with it? Will they ask me to present air tickets as proof?
3)What do you recommend me to do if I wanna stay longer than 90 days in Belgium without violating the regulations? Go to a non-Schengen country for 90 days and then come back, like what others say? Get a visa in another country like Germany (which is easier to get)?
Thanks so much for your feedback in advance.. I am at the end of my rope here and I have no access to anyone well informed in this matter...
Sincerely,
Ms Frugal
1
I don;t know what rules apply to a BNO- whether you will be treated as a UK citizen or as a HK citizen. British citizens can stay indefinitely in Schengen. In which case your problems are gone.If you are treated as a HK citizen, the following applies:
1) If there's no entry stamp on my passport, does it mean I can stay here for longer than 90 days and probably nobody would find out?
No. Even if you weren't stamped, your passport may have been scanned (it's 2012, technology has moved on)
Staying beyond 90 days is still illegal, just like speeding is illegal even when there is no speed detector in place.
2) When I fly back to the Hong Kong, will the immigration officials routinely check the passengers' arrival date at the airport?
It certainly does happen.There are plenty of stories here of people who got caught. There are also plenty of people who claim they got away with it. Again, it's like speeding- there are no guarantees.3)What do you recommend me to do if I wanna stay longer than 90 days in Belgium without violating the regulations? Go to a non-Schengen country for 90 days and then come back, like what others say? Get a visa in another country like Germany (which is easier to get)?
Both are options. Search this branch- this topic has been discussed ad nauseum. Can you get a WHV?
2
In your situation I wouldn't risk it-Certainly I'd check exactly how this BNO passport works..though I think it doesn't allow you the freedom of movement that a British citizen has in Schengen.
If you have only 90 days,I wouldn't try to overstay.As said above,your passport was scanned,and immigration officials may well check it....if you are discovered you will be fined and (probably) banned from re.entering Schengen for a number of years.Not great for your relationship ;-)
4
MTL wrote:
I don;t know what rules apply to a BNO- whether you will be treated as a UK citizen or as a HK citizen
I don;t know what rules apply to a BNO- whether you will be treated as a UK citizen or as a HK citizen
Neither : they will ( or should ) treat her like a British National. Not many people seem to know about these though, so it's not surprising that immigration didn't spot the difference.
frugal_traveler wrote:
1) If there's no entry stamp on my passport, does it mean I can stay here for longer than 90 days and probably nobody would find out?
1) If there's no entry stamp on my passport, does it mean I can stay here for longer than 90 days and probably nobody would find out?
Yes : but just because you can doesn't mean that you should. And you probably wouldn't be able to register for work without getting caught.
frugal_traveler wrote:
2) When I fly back to the Hong Kong, will the immigration officials routinely check the passengers' arrival date at the airport?
2) When I fly back to the Hong Kong, will the immigration officials routinely check the passengers' arrival date at the airport?
Yes : but odds are good that whoever checks your passport won't realise the difference between a BC passport and a BNO passport ( like when you entered Brussels ).
I imagine they wouldn't connect your old HKSAR passport with your BNO one - but we're entering risky territory here.
3)What do you recommend me to do if I wanna stay longer than 90 days in Belgium without violating the regulations? Go to a non-Schengen country for 90 days and then come back, like what others say? Get a visa in another country like Germany (which is easier to get)?
Getting a visa is the only legal way to do this. But a German visa would only allow you to say in Germany. . .
5
Thanks much for your feedback. I am torn between risking it and playing it safe...but probably I will play it safe because I have much to lose if I get caught.Sadistic Toaster, you seem quite sure that my BNO passport would be treated as a BC passport... Have you learned this from experience? Are you a BNO passport holder yourself?
Anyway, working holiday visas are for people aged from 18 and 30...I am a bit too old for it :(
But I knew there's something called temporary residency visa, which costs about 180 euro (http://www.diplomatie.be/hongkong/default.asp?id=43&ACT=5&content=34&mnu=43) It entitles me to staying for more than 90 days but I am not sure if ia maximum number of days will be imposed. Anyway many important documents need to be presented for the application and I think I have to return home to sort this out...
If you have been through the same situation as me, I'd deeply appreciate it if you can share your experience.
6
Hi,"Sadistic Toaster, you seem quite sure that my BNO passport would be treated as a BC passport"
No no no no no.
Sorry : I seem to have phrased it badly. Your BNO passport should not be treated as a BC one : but whoever let you into Belgium seems not to have noticed the difference ( outside the UK and Hong Kong, no one seems to know about the different types of British Nationality ) - so maybe whoever lets you out won't spot the difference either.
But this is risky ( less risky the further East you travel, though ), and a bit dodgy, so not recommended.
