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Overstaying in the Schengen Zone - Please Advise!

Overstaying in the Schengen Zone - Please Advise!

Old Mar 9th, 2011, 12:28 PM
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My experiences in the last couple of years indicate that exits are not a problem. In October 08 I had to request an exit stamp at Schiphol. The officer asked me why I wanted it. I told him because of Schengen. He replied "Oh, you'll never have to worry about that." I entered and exited Paris in December 09. I didn't notice until I got home that I had no stamps for coming or going. Maybe they use the chip in US passports for tracking. If they are not going to stamp passports why don't the governments switch to a credit card type piece of plastic that we can swipe through a reader at a turnstile? That would be more efficient, especially when returning to the USA.
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Old Mar 9th, 2011, 12:47 PM
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The chip can be read out by the terminal only after they put the page with your photo on the scanner. At that moment the terminal has all the data from you chip.

If they didn't put your open passport on the scanner, they don't have any digital data.
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Old Mar 9th, 2011, 02:02 PM
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Funny, we travel ALOT - as we live in London and my hubby was travelling on a CDN passport until recently and he got a stamp in and out of the schengen EVERY time - with thorough checks of all the pages of his passport every time. We are talking every time into Italy, France, Hungary, Germany, Belgium, Netherlands, US, Canada, and Portugal. Good luck.
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Old Mar 10th, 2011, 01:11 AM
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<i>Trust me - looking for an empty page means they are looking at your passport.</i>

Then why do they stop when they find an empty page? If they were actually looking at the stamps in the passport, then why don't they look at the stamps in the back of the passport? If they are looking, they certainly aren't doing a thorough job.

I'm not saying that there aren't risks involved, but I think people tend to exaggerate the thoroughness of your average Schengen exit (or entrance) control.
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Old Mar 10th, 2011, 05:18 AM
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Does anyone know if the same time restrictions apply to UK passport holders who want to spend more that 90 days in Europe? The UK of course is not a Schenigan country.
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Old Mar 10th, 2011, 05:23 AM
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<i>Does anyone know if the same time restrictions apply to UK passport holders who want to spend more that 90 days in Europe? The UK of course is not a Schenigan country.</i>

If you mean British passport, no because UK is in EU and as EU citizens you have complete freedom to live, work, study or retire anywhere in EU.
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Old Mar 10th, 2011, 05:34 AM
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If British passports had that restriction I'd be in trouble now after 27 years in the Netherlands .
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Old Mar 10th, 2011, 06:14 AM
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Thanks for that, I thought it might have been different for UK citizens as the Schenigan zone seems to be a closed border zone.
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Old Mar 10th, 2011, 07:40 AM
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Having said that you are free to live work retire in teh EU it is worth saying that not all Schengen countries are also EU countries, just as not all EU countries are Schengen.

So if the country you are interested in is not in the EU you still need to check what their rules are.
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Old Mar 10th, 2011, 07:47 AM
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Well OP disappeared!
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Old Mar 10th, 2011, 08:14 AM
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In jail?
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Old Apr 15th, 2011, 09:17 PM
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I can reconfirm that CPH is a good choice for those that overstayed and are looking to leave the Schengen area without too many questions. Just went through exit control. No scan. Agent opened passport and landed on a semi-empty page. Stamped in something approximating a clear area. Said good morning and I was through.
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Old Apr 16th, 2011, 01:54 AM
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What always strikes me is the naivity of people to wait until the 90 day period has elapsed, and then start to worry.

Anything beyond the Schengen agreement is in the competence of the respective EU or Schengen member state.
Some countries have (and some don't have) legal procedures for allowing non-EU citizens to stay for longer periods (without the liberty to freely move within the EU or Schengen area), or to extend a stay based on a Schengen visa waiver scheme - when they can prove sufficient funding and insurance. The decision is at the sole discretion of the immigration officer, and it does not give any residence status besides being "tolerated", and obviously no permission to work. But it makes the longer stay legal.

It's always worth to inquire about the legal options at the compentent places (and that is not travel bulletin boards but the respective embassies) before you plan a trip that can violate the 90 day rule.
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Old Apr 16th, 2011, 02:53 AM
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<i>Anything beyond the Schengen agreement is in the competence of the respective EU or Schengen member state.</i>

No it isn't. When a country signs up to full Schengen acquis (agreement), they give up the ability to have its own immigration rules for those affected by Schengen regulations - i.e. tourists and other short-term visitors. As there is no mechanism for extending the 90-in-180 days tourist stay, they cannot offer permission to stay just within their territory beyond it. The only thing they can regulate is the issue of long-term national visas, but you cannot switch from Schengen stay. You have to return to your country of usual residence and apply for the national visa (type D).

So for those liable to Schengen rules, after 90 days they have only two options. To leave Schengen and stay away for 90 days before returning, or go back to their own country and apply for a national visa for one of Schengen states.
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Old Apr 16th, 2011, 03:03 AM
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First of all you, you simply should have gotten a visa and I hope you didn't ignore the law out of contempt and arrogance because that's why many people see Americans in a negative light.

Having said that, Germany is where you will be most scrutinized, but in Sweden they don't even bother looking at your passport. If you didn't want to get a visa you could have gone to England after your legal period in Italy had passed- the English countryside is spectacular, and the UK allows Americans to stay for six months w/o visa, and it's not in the Schengen zone. Or you could have alternated three months in Italy and three months in the UK forever, if you want to remain in Europe.
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Old Apr 16th, 2011, 05:01 AM
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Alec, sorry but that is not true as a general statement.

I have no clue how other EU/Schengen member states regulate this, but the German Foreigerns' Law clearly states that the Schengen visa can be extended beyond the 90/180d limit an unlimited number of times, each time for (usually) a 3-6 months period. In addition, national long-stay visa for temporary residence with or without working permits can be applied for, even if that person is currently staying in Germany under the Schengen visa (or waiver) scheme.
For either procedure, it is not required to leave Germany but simply address the nearest foreigners' affairs office and file an application - if both passport and the Schengen visa are still valid.

Other countries may regulate this differentely, of course, or have other national residence titles for other purposes or different lengths of stay, but this matter is too complicated to solve it on a travel board in one sentence or two.
Therefore I suggested to address the respective embassy with these questions while still at home to familiarize oneself with the options.
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Old Apr 16th, 2011, 08:22 AM
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Cowboy1968

All you are stating is that in Germany, type D visa/residence permit can be applied in-country for certain nationals, such as Americans, Australians, Canadians, Japanese etc. It's not true to say that Schengen visa/visa waiver can be extended unlimited number of times, as that is plainly not true and runs counter to Schengen acquis.
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Old Apr 16th, 2011, 08:37 AM
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Alec / Cowboy --
I can't speak for Germany (or other nations), but in the Netherlands you can enter as an ordinary tourist (e.g., with a US passport you don't need a visa to stay 90-out of-180 days), and after you arrive can apply for a temporary residence permit if you anticipate needing to stay longer. You apply with the immigration/visa office and need to show the reason why you are staying, for how long, and solvency (~ 900euros for each month of stay, going back to the date you first arrived). It can take a very long time to actually receive the temporary residence permit, and sometimes it is denied. But it is possible to get and you don't have to return to your home country to do so.

If you are from a country that required getting a visa to enter NL, then I think you may have to apply for the temporary residence permit prior to entering the country, but not certain about that.
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Old May 26th, 2011, 09:10 AM
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Simple solution, I have been in and out of the EU (US Passport) for years. I now live in Asia. When I go to Italy or Germany as I have friends there about 2 days later just register your hotel address or where you will be staying with the local police. Then right BEFORE say 1 week your stamp is due apply for a extension or in Italy "Permission De Soggiorno" for tourist you will get it in ether countries where your at. Now especially in Germany before you leave be sure to De-register with the local police. That's it, leaving Italy on a US passport is not scanned all the time just if the passport looks bad. 10 years in and out if your paperwork is OK not to worry and I am flying back to Asia too so ??

For all the Illegals Italy well dressed at Exit control not too much of a problem, but they could scan it at any time so be aware..
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Old Mar 7th, 2012, 02:27 PM
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My son will be entering via Amsterdam from London June 4, 2012 and wanted to stay until September 28, 2012. After reading all this I realize he cannot do it due to the Schengen rule. If he leaves one of the Schengen countries and goes back to London on the 89th day will he be OK to stay in England until Sept. 28 when his flight is scheduled to return to the US????
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