Question about overstaying a tourist visa.
Posted: 13 October 2007 01:17 AM  
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I know this has been asked before on this site, but I’m not sure if they apply to me.  I am an American college student studying in Barcelona.  Last semester my class and I filled out a form to get student visas, which turned out to be for nothing because I found out over the summer via letter from my school that Spain rejected all 20 of our applications.  My school said in the letter that “As we have done in the past, you may stay in Spain for 90 days, leave the country, re-enter, and renew the 90 days.”  And I didn’t think much of it afterwards because I knew I was leaving the country and traveling to Italy and some other countries for study travel trips. 

Then when I get to Barcelona I hear about this Schnegen treaty and that the only options for getting re-stamped are Andorra, Gibraltar and whoever is not part of Schnegen.  I figured it would be a major inconvenience to go to Andorra just to get my passport stamped and come back, especially considering how busy I am with school, but it’s better safe than sorry.  But now I have been looking around online and it says that it’s only 90 days within a 180 day period, so everything before and after going to Andorra would count towards 90 days, from what I have read on official gov’t sites.

In total, I’m looking at being in the Schnegen area for, if my math is correct, 113 days, and I am currently on around day 60.  Everyone in my class doesn’t seem to be too concerned about it, but I can’t help but worry.  What will happen when I leave in December to go back to the states?  I’m flying BCN through Frankfurt, back to Charlotte, NC, US (I took the same route coming here, so my passport has a German stamp on it).  If all they are going to do is ask questions I can prove that I am a student, but will there be a fine?  Would something like this make me miss a flight and get stuck somewhere?

If anyone knows any answers then I would really appreciate the help.  Thanks!

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Posted: 15 October 2007 10:13 PM   [ # 1 ]  
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Hi Tyler,

Indeed this is a question we get a lot here on the forum. The reality is that you have a 99% chance of seeing absolutely no consequence to overstaying your visa, especially by less than a month. While you’re flying between Schengen countries they don’t really look at your stamps or question you.

Actually I flew through Frankfurt once having overstayed my tourist visa and got really nervous because I had to go through passport control before leaving the EU. As it turns out they just asked what I was doing in Spain (“enjoying the beaches and learning Spanish”), stamped it and away I went.

You’ll be fine Tyler. Relax. Have a beer. 😊

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