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-   -   Overstayed Schengen Visa (https://www.fodors.com/community/europe/overstayed-schengen-visa-993838/)

miimagda Oct 3rd, 2013 09:07 AM

Overstayed Schengen Visa
 
Lets just imagine...

I was in Europe for the 180 day rule and misunderstood it and stayed for 5 months in schengen, went to London once - only for a few days, then back to schengen and now am back in Canada. The thing is I had no idea I did anything wrong! I'm here in Canada now and was in Europe for the last 5 months and did not know I overstayed the visa.

I was wondering about applying for a Youth Mobility Visa, and really want to, have tried talking to consulates - have gotten nowhere - and was wondering if anyone online might have some insight..

Since I just overstayed my visa, is it okay for me to apply for another visa right after returning to Canada?

What do you guys think about my situation?

nytraveler Oct 3rd, 2013 10:12 AM

Not sure of your nationality - do Canadians need visas for Schengen - americans don't - although of course we are all on 90 day "viass" with no paperwork.

Does your passport show that you overstayed?

If not - why are you worried?

If so - can you get another?

I think you can apply whenever you want - but cant go back until you have been out at least 90 days.

But isn;t this info on line from your government?

JAMH Oct 3rd, 2013 10:21 AM

I find your post a bit confusing. Canadian citizens, like US citizens, can visit Schengen Area countries, for 90 days in a 180 day period without getting a visa. People call this a visa but it is technically an exemption from the requirement to obtain a visa. Did you then stay 5 months after you entered the Schengen Area without first obtaining some type of long stay visa? If your answer to this questions is yes, then if I were a consular official processing your new visa application, I would deny it because of your failure to obey the rules during your prior visit. I imagine that you have to turn in your passport when you apply for the visa and your violation would be obvious if a person checked the pages.

jamikins Oct 3rd, 2013 10:28 AM

I think a Youth Mobility pass allows CDNs to spend longer than the 90 days and perhaps even work in Europe...

jamikins Oct 3rd, 2013 10:30 AM

Its actually a youth work visa scheme in the UK for certain nationalities:

http://www.ukba.homeoffice.gov.uk/vi...obilityscheme/

nytraveler Oct 3rd, 2013 11:14 AM

Yes- but why would they give this to someone who had just demonstrated a complete lack of regard for visa rules and regulations. It a program that is offered - it's not mandatory to give it to everyone.

jamikins Oct 3rd, 2013 11:17 AM

Never said they would...just posting what the program was.

PalenQ Oct 3rd, 2013 11:20 AM

Two of the same Fodorgarchs who time and time again give RUDE remarks to a new poster - I hope you are PROUD of yourselves for your cute remarks which I find not cute but repulsive, especially the first post above.

PalenQ Oct 3rd, 2013 11:22 AM

I mean by first post above - the very first post on the thread not the one right above - the first response just to be clear.

amer_can Oct 3rd, 2013 11:36 AM

Agree with PalenQ!! What does it cost to be civil in responses..What kind of a visa did you have, Miim ?? Are you sure you overstayed..?? Was it tourist (visa not required) student( only as long as the course) what??

jamikins Oct 3rd, 2013 11:52 AM

Thanks for clarifying...I was taken aback that you thought my response was rude haha!!!

mgnapoli Oct 3rd, 2013 11:58 AM

I also agree with PalenQ - too many smart-ass, rude answers to people who just want information.

hetismij2 Oct 3rd, 2013 02:30 PM

The visa you refer to is UK visa. They don't share information with Schengen so unless you have a stamp in your passport indicating your overstay in Schengen they most likely won't know. However if the form asks about visa overstays you must answer it truthfully and fully.
Please don't break the law again, you were lucky this time, next time you could end up with a long ban on entry into the Schengen zone. Saying you misunderstood is not a defence. The rules are clearly written and readily found on the internet.

Alec Oct 3rd, 2013 05:37 PM

You were kind of lucky, in that UK border officials routinely turn away people who, from passport and travel record, have overstayed in Schengen, even though UK isn't a part. The reasoning is if someone is careless about another jurisdiction's visa rules, they cannot be trusted not to do the same in UK.

As you haven't been caught overstaying, you are clear to apply for Tier 5 youth mobility scheme visa. VAF9 application form only asks if you have been denied a visa, refused entry or deported by any country, so you can safely answer no.

miimagda Oct 3rd, 2013 06:28 PM

Thanks for all of your help guys!

to everyone who thinks im not intelligent enough to fill out the form, i hope i am, but thanks for the concern.

i entered with the tourist visa, which is given to canadians when entering the shengen.

this is my first time travelling alone in europe, and asked my travel agent if i needed a visa for my 5 month stay and she said i did not if it was under 180 days. i have gotten visas before, but she usually tells me when i need one. so i am so sorry i made a mistake and i obviously woulnt have if i knew i was doing something wrong.

the only stamps i have in this passport, since it is new, is in and out of italy twice, and one from london.

i hope this clears up any questions! thanks for your help guys, i really appreciate your time and thoughts.

if im clear it is - fine to apply for this visa with these stamps in my passport? and if it is okay can i apply and leave in less then 90 days? and if, for instance, should i loose my passport, would that help?

any ideas on these?

janisj Oct 3rd, 2013 07:31 PM

>> she said i did not if it was under 180 days.<<

Your travel agent is an idiot (yes, really). Either get a new TA or make your own arrangements.


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