Dear All

My visa in Spain is running out of time but unfortunately I need to stay 2 to 3 more weeks (I am not an EU resident). I can not get extention since it is an invitation visa by a friend.

I would very much appreciate it if someone could answer me the following questions:

1) If I stay for 2 or 3 weeks more without visa (my visa will have expired) the police will actively look for me?
2) Is there any problems if I leave Spain later than the programmed? They will fine me at the airport?
3) Will there be any problems for the person who has invited me?

Please I need to have some answers soon

Thanking you in advance I am looking forward to hearing your news

(I am actually planning to get married in Spain that is why I am planing to overrun my visa)

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!

I think you’ll find conflicting advice about this on the forum. Just yesterday I was chatting with an American couple who’d overstayed their visa by 2 years (with two kids).

Then again if you’re planning to go through the bureaucracy of immigration it’s advisable not to mess with the rules, as Jurdy said.

I agree with the comments made by Expatriator.

I also know of several Americans, Canadians and Austrialians who have majorly overstayed, that is, overstayed several years without running into problems.

I have overstayed on several occassion and had no problems re-entering or applying for my current residency permit. 

Unlike the U.S., where every person’s exit from U.S. territory is registered in a database, the rules about overstaying don’t seem to be applied here as strictly as in the U.S. where you are automatically barred if you violate terms of your visa stay. 

To be absolutely safe and keep risks to a minimum , of course, you could follow all the rules exactly to a T. 

I seriously doubt whether your friend is going to be in trouble. After all, you are not a minor and your friend does not have authority over you. 

My visa in Spain is running out of time but unfortunately I need to stay 2 to 3 more weeks (I am not an EU resident). I can not get extention since it is an invitation visa by a friend.

I have never heard of anyone being fined at the airport. 

I overstayed my visa in order to marry.  Now, this is the catch.  If you are from a country whose citizens are required to have a visa to enter Spain, when you go to apply for marriage, you might run into problems because the civil servants at the Registro Civil will verify your visa status here.  I have heard this from a Spanish friend whose partner was North African. When they went to the Registro Civil to apply for marriage, his visa status was verified.  In my case, I didn’t need a visa to enter Spain, hence they didn’t need to look at my visa status. 

If you leave Spain on a flight from Spanish territory to a non-Schengen area, your passport will bear an exit stamp that shows the date that you left Spain.

If you write Spanish, you can go to http://www.migrar.org run by the Spanish Red Cross to present your questions. There are several immigration attorneys (volunteers) who review questions and answer them, citing the relevant legal codes.

Just a caveat, I’m just going by my personal experience… and I don’t know what has happened to others..

Good luck!

Let me ASK YOU all again… If I deleiver the papers to get married CAN MY Girlfriend stay in SPAIN or OTHER European country waiting for the marriage without having a visa???

All,

once again ... the overrun of the her visa will be on the waiting of us to get married… is she still ilegal? what we can do in this case… let her go??? if she goes will be too difficult to come back

I think your best recourse is to pay an immigration attorney and get a professional consultation.

Somewhere else on this forum it says it’s difficult to have non-EU citizens marry EU citizens within the EU.

Another thing is, why not leave the EU, get the exit stamp, and come back in? Is she not from one of the countries where passport-holders are automatically granted 3-month tourist visas?