30

Hi -

So I just got back from an overstay of about a month and a half in France. I am sure I was scanned upon exit at CDG but I have been given zero indication of any detection of foul play on my part.

My question is would it be smart to assume I could return as a tourist in three months? Could I have been uploaded into SIS without my knowledge? Would I find out upon applying for a student visa?

It seems all of this is very hit or miss but there must be some method to the mayhem. I can't stomach the thought of a potential ban to Paris...or schengen as a whole for that matter.

If anyone has any advice that would be helpful.

....not wanting to be stuck here for long.

31

I can't stomach the thought of a potential ban to Paris...or schengen as a whole for that matter
It's a bit late to worry about that, isn't it?

Anyway, the only thing I (or anyone else) could say is: no-one can predict what will happen to you, all you can do is go and see for yourself. If you're old enough to decide to overstay, you should be old enough to accept any consequences that decision may have in the future, right?

32

My question is would it be smart to assume I could return as a tourist in three months? Could I have been uploaded into SIS without my knowledge? Would I find out upon applying for a student visa?
@#33. Have you actually read this thread? If you have, you will know the answers to your questions.

33

well, like Aribo, i wonder whether you should not have thought about that before overstaying?

I cannot imagine that if they noticed you overstayed, they would not say anything but sneakily put a note in the system to catch you next time. Apart from the fact hat I am not even sure how much information is actually shared between countries through SIS.

I would assume (but it's only an assumption) that your overstaying wasn't noticed and as such will remain without consequences. If it had been noticed, you would have heard about it.

I am not condoning your behaviour- but that's simply my assumption based on what you shared.

34

But, is a foreigner (american for example) allowed back into the Schengen states after they were caught overstaying their Visa?

35

#37, it depends.

36

Hi-
I was in Italy with my student visa ( Jan/12/2010 - Nov/30/2010)
was in italy from Jan/12/10 - June/30/2010
and was in switzerland from Aug/31/2010 - Jan/19/2011
(i do have a paper document saying I am doing an internship and i can stay until Feb/8/2011.
was in France from Jan/19/2011 - Jan/31/2011

when I was leaving France, they told me I had overstayed 2 months, as my italian student visa ends on Nov 30/2010. and I didn't have the switzerland paper with me.. I did explain that I do have a paper saying I can stay until Feb 8th..but didn't work ( don't blame them) they scanned my passport and didn't mark anything, they told me that I cannot come back to europe in 3 months,-

Now the problem is, I am going to a business trip in Italy..going through Spain, I am really worried that I might have a problem about entering Europe.

any suggestions?..

37

well, that was simply to make sure you spend 90 days outside of Schengen.

why? You've done your 3 months outside, right? If you had been banned, they would have told you. Just do;t overstay again.

38

...

Edited by: FrantsInMyPants

39

Very interested in the topic, does anyone know if you overstay, therefore, illegal what is the status of your insurances, ie medical and travel insurance?

40

illegal what is the status of your insurances, ie medical and travel insurance?
Most, if not all, insurance policies strictly forbid illegal activities. That includes breaking visa rules in a foreign country/the Schengen Area - so you can basically assume your insurances will all become invalid from the start of your overstay.

41

P.S. new posters: please have a good look at the title of this thread before adding another question about what will happen if you overstay Schengen

42

I have a US passport. I overstayed twice in Germany. I was there from jan 2 to may 3 in 2003 with at least two reentries later in may and my exits were to schengen countries as well. did not get caught. nobody seemed to notice. overstay about 75 days.
2004 i was in germany from feb to october. in berlin i was arrested for a drunk in public in september and they didnt seem to notice or care. when i left in october there was no problem. overstay about 150 days

43

Schengen Overstay

I was in Schengen for 95 days in a 180-day period, with 4 different entries and exits. Final exit after overstay was via Iceland with no problems. More details of my overstay below:

1st Schengen Stay: 41 days, entry: Denmark (plane); exit: Slovenia (bus)
Entered July 8, 2011 via Copenhagen Airport, stamp and scan, but unsure of scan
Exited August 17 via bus from Slovenia to Croatia. Stamps were done outside of my presence. No idea if they even looked to see when/where I entered as stamps were on different pages 

2nd Schengen Stay: 11 days (total of 52 upon exit), entry: Greece (bus); exit: Greece (ferry)
Re-entered September 2 via bus from Albania to Greece. (stamps outside of presence)
Exited September 12 via ferry from Greece to Turkey. No attention was paid to previous stamps, no scan, no attempt to determine how long I was in Schengen

3rd Schengen Stay: 37 days (total of 89 upon exit), entry: Latvia (plane); exit: France (bus)
Re-entered September 19 via plane from Turkey to Latvia: stamp and scan, but again, no apparent effort to review stamps to see how long I had been in Schengen
Exited October 25 via bus from France to England. Despite being very close to the 90 days, no one bothered to review the stamps or add up the days. Stamped, but not scanned.

4th Schengen Stay: 6 days (total of 95 upon exit), entry & exit: Iceland (plane)
Re-entered November 1 via plane from England to Iceland. At this point, I would've been entering on my 90th day, so I was concerned they might not even let me in. They scanned the passport at the airport and asked me how long I planned to be there. I said 5 days, and I went through and he never looked at stamps to add up the days.
Final Exit on November 6 via plane from Iceland (KEF) to US. Passport was not scanned and no effort was made to look at stamps or count up days. I passed through without an issue.

44

Hey people, my best friend is a Canadian Permanent Resident. Soon to be citizen. He got a Schengen visa on his non-Canadian passport just a little over a year ago. He traveled to Europe and he said he loved it.. He complained about some racism but not too much. Anyways, he met a girl in Denmark and they started dating. He wanted to stay with her and not come back to his old life. To try something new different I guess. Little did he know about the rules and regulations. I didn't either, otherwise I would've warned him. He overstayed by a year and he lost his non-Canadian passport after 4 months, and we didn't really know what to do about it. Things got out of hand when he had no money and his relationship went to sh**, so his family got him a new passport and they posted it through mail to Europe, where he received it. Luckily, he still had his Canadian Permanent Resident Card, which allowed him to re-enter Canada. The new passport was fresh with no stamps or visas, which we thought would have caused problems. He left from the Berlin Airport without any problems, and he's back home now. The border security told him that they could not verify his date of entry into the Schengen territory, due to his fresh passport. So they charged him with 1 day overstay. He didn't pay a cent, nor did he get banned from re-entering Schengen.

I guess he got lucky.