leah_love_146

Hello, and thank you in advance. I've been doing a lot of research but haven't found a situation quite like mine.

Ok! It all started in Cuba, February 14th 2013 at the bar by the pool (lol) when I met my now beau. I'm Canadian and he is French. After Cuba we decided I would visit him in France for 2 weeks (April 1st- 15th) to see where "we" were headed. I went back to Canada and came back to France on June 7th and I haven't left yet! I have no Visa, just a Passport. the plan was for me to stay the 90 limit, but then he was hospitalized and I didn't really care about the limit. Now that he is better, I'm worried about my situation. Is it worth explaining the situation to my embassy or should I just take the penalty? What are the penalties? Am I in trouble?

Nonconformist

Your embassy won't be able to help. They have no powers over your host country's immigration system. And the latter won't care why you overstayed by over two months either.

If you don't get caught until you leave, you probably won't get a prison sentence, but you may have to pay a fine; you may miss your flight due to questioning and have to buy another (more expensive) one at the last minute; and most significantly you maybe banned from re-entering the Schengen zone (and you may have trouble entering some other countries who see your immigration history). Which in turn means if you intend to further your romance in future, your SO will need to visit you in Canada at least in the short term. I don't know if it would affect your being granted a spousal visa in due course if that was the longterm plan.

TDudette

Oh dear, leah_love_146. I have no advice for you but please keep everyone informed about your situation. It could be most helpful to others.

Lucky in love?

nytraveler

You need to get out of France NOW - before the situation is any worse.

You may NOT be caught - but may well be. If you are on the point of leaving they won;t put you in jail - since they want you gone. There will probably be a fine (can be thousands of euros), you may have to buy a new plane ticket (if yours has already left - but will have to stay in the airport until you get a new flight) and you will be banned from France and Schengen - perhaps for several years - but perhaps permanently.

Yo

Josser

If you and the boyfriend are young and attractive, you could go hand in hand to the local police station. Turn yourself in, sob and talk brokenly about l'amour and about poor boyfriend tossing on bed of pain. "How could I leave him?" You might get away with it ;-)

nytraveler

I don;t think the local police have the authority to deal with Immigration matters.

And the first thing the OP is going to have to do is LEAVE France.

AJPeabody

This is not the place to get accurate information on this. I hear they have lawyers in France. Maybe you should find one.

kerouac

You need to return to Canada for a start. There is a good chance that your passport will not be scanned on the way out, but if it is, get your answers ready for the questions that are sure to follow.

If you have plans to marry or enter a 'PACS' you have to initiate a long term visa request in your home country anyway. You cannot regularize your situation while still in France unless you are applying for refugee status or political asylum and Canadian citizens do not really qualify for this.

Christina

They don't have "spousal" visas for France any more (think it was fiance visa), or for someone intending to marry a French citizen.

isabel

What would happen if she were to drive to Switzerland or other non Schengen country and then fly to Canada from there?

travelhorizons

Or take the train? If you can get back to England, Canada is part of the Commonwealth…

nytraveler

To take the train from Paris to London she would have to show her passport - so that might not help. And I believe is allowed 6 months in England - so not illegal there. The issue is getting out of France.

lateinlifetraveler

When we left Paris last month by Eurostar to London, the border patrol was very careful about asking how long we had been traveling through Europe and examining our passport stamps.

Robert2533

One thing you have to consider is that if you have overstayed your vista in France, obtaining a long term residence visa will become a bit of a problem.

To those unfamiliar with the process, passports are always scanned or checked at passport control, either entering or leaving the country. The process is much more relaxed in Spain when arriving with a USA or Canadian passport, but still an issue when leaving the country. You cannot board your flight without going through passport control.

Pvoyageuse

"What would happen if she were to drive to Switzerland or other non Schengen country"

Switzerland is a Schengen country.

nukesafe

Nothing to contribute, except to hope all turns out well. Will follow this thread in hope of hearing good news.

KTtravel

This sounds suspiciously like a question asked here with slightly different details a week or so ago.

turaj1

these type of posts probably should be ignored. There is no one on this forum or any other that can give some one with who knows what background advice on immigration issues. Nice that you met in Cuba but this is a travel forum not legal forum

flanneruk

There is no border (or port or airport) between Schengen and non-Schengen at which the passports of those leaving Schengen will not normally be checked.

It's also simply untrue that "There is no one on this forum or any other that can give some one with who knows what background advice on immigration issues."

You're getting lots of the same advice ("get out now while you can") for free. You'll get nothing else from lawyers - except a thumping bill.

Christina

I don't blame someone for trying to get some free info before investing in a lawyer, and there are lots of people on Fodors with varying expertise and experience, actually. I am often amazed at the great variety of professions and knowledge on here.

I do remember when I took the train from Germany to POland, my passport was checked by the border police, so I believe flanneruk. There is a reason for that (that they check passports at borders).

And I also think this post was just like one a couple weeks ago, must be the same person.