Schengen overstay if someone applies for Visa-extension?

Member since 06 April 2011

Expat_in_DENew member14 February 2012 16:26:27

Hello all, (urgent Schengen Visa overstay questions)

1.) Is it considered an Schengen Overstay -if- someone applied for a Visa-extension before their last Schengen Visa expired (and the extension is not yet denied)?

2.) It is only a horrible Schengen Visa overstay if either they never applied for an extension but stayed longer, or, they stayed in Europe after their extension was denied - right?

3.) A different/new question: -If- someone overstays their Schengen Visa, but they left the Schengen states withOUT being noticed of the Overstay -will they probably still be refused entry or a Visa on their next Schengen entry? (In other words: if someone is caught being Overstayed upon leaving the Schengen states it is now highly probably that they will see a 3-5 year Schengen Ban - BUT - IF, someone does NOT get caught Overstaying when they finally leave the Schengen states is there ever any likely problem in the future?)

Thanks to all for any advice!

ECS Norway Expert

Member since 21 July 2006

ECSNorway Expert14 February 2012 16:59:21

1563

Are you really on a Schengen visa or a country-specific visa?

I've been in this situation in another Schengen country (Iceland), where my current visa had expired but the new one hadn't been sent yet. Whenever I had to travel during those weeks, I just made sure I carried the letter from the immigration office that showed the date I turned in the papers. I never had problems, but to be safe the first time I didn't receive the visa in time, I called the immigration office to make sure everything was ok. I recommend doing the same thing.

Expat_in_DE New member

Member since 06 April 2011

Expat_in_DENew member14 February 2012 17:26:20

Yes, I am in a Schengen Country, with an expired Schengen Visa -BUT- I still have a pending Schengen-extension with our local City Hall. Our City Hall had then stalled my extension paperwork to give me a little extra time to try to find a job -but I think I can't find a Job in time, -therefore it looks like I may have to leave the Schengen states for 90 days before returning to join my Fiance's family.

My question was: Is it considered a Schengen Visa overstay -IF- I filed for an extension but the extension has not yet been denied? Hint: our City Hall supervisor said that if it is denied (due to me not finding a job in time) they will give me a 30-day notice to leave willingly. So, logically it seems I'm okay here, and I won't be overstayed -unless- I remain here much longer after my Visa-extension denial.

But, what is your opinion on this?

A different/new question: do you know of people commonly being refused re-entry into the Schengen states even if they were never caught being overstayed upon their last Schengen exit?

Thanks so much for your interest in this frightening dilemma.

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ECS Norway Expert

Member since 21 July 2006

ECSNorway Expert15 February 2012 07:41:51

1563

I'm sorry, I don't think I can safely comment further on your situation since it seems like it's not the same as what I was dealing with. When I was going through immigration with an expired visa I had a job and was 95% certain I was going to get the renewal.