What Happens If You Overstay A Tourist Visa?
You may know the concept of a border run, that quick hop across an international border to reset a visa, but what happens when you overstay your tourist visa? The answer is that it depends on several key factors, the passport you’re carrying, the country in question, and how long you’ve overstayed your visa. For most travelers with a US, Canadian, or European Union (EU) passport, it can be easy to overstay a tourist visa without realizing it, since most countries don’t require a visa application from you prior to entry. In fact, if you’re on an RTW, it’s easy to lose track, and here’s some information on what happens and what you can do.
Poof! Nothing Happens Right Away
It’s not that storm troopers are going to bust down your hotel door the second you’re visa expires or stop you in parking lot. In fact, in most cases nothing will happen for a long time. Technically speaking, overstaying a tourist visa for more that 180 days in the US is grounds for deportation and inside the Schengen area is not permitted. While it is never good to overstay a visa, generally you won’t run into problems until you leave and try to reenter that particular country.
- It’s at passport control where your overstay is most likely to be a problem
- If you’re headed to Europe you’ll want to read up on the Schengen Agreement.
- Each country has different penalties for those that overstay their tourist visas.
Once you’ve overstayed a tourist visa you lose your credibility at the border and can be denied entry based on the fact you’ve overstayed a previous tourist visa.
Your Nationality Is Important
Many US citizens frequently overstay their European visas (since they don’t realize you can only be in the Schengen area for 90 days out of each 180) and are allowed reentry. US passports aren’t carefully scrutinized in Europe and in the US your results may vary. With a return ticket and valid reason for entry (for those who’ve overstayed a previous visa) generally most EU citizens won’t have trouble reentering the US. Australians, New Zealanders, Canadians, and a few other nationals also likely won’t face difficulties reentering assuming the initial overstay wasn’t too long.
- If you had to apply for a visa prior to your visit, you’re more likely to encounter problems when reapplying.
Generally speaking, countries aren’t worried about an influx of tourists, they’re more worried about people coming on a tourist visa and never leaving. Typically this type of overstay isn’t associated with EU, US, Canadian, Australian, or New Zealand nationals.
How Long Did You Overstay?
That’s an important factor the person checking your passport upon reentry will be looking for. Did you overstay your tourist visa for a few days or months? They may ask you the reason for your overstay or why you want to reenter the country. The shorter the overstay the better but not overstaying at all is best.
Reentry Is The Issue
Even if you overstay a visa and are admitted on your next trip to the same country, on your third time there you may still be denied entry based on the fact you did overstay one of your visas. That’s up to the passport control officer (or embassy issuing visas) to determine. It all depends on how closely your passport stamps are inspected. That can vary based on the time of day you enter (late at night officers tend to be less diligent), the person in front of you (what passport did they have and if it took a long time), along with your passport and what you look like.
You’re best bet is to never overstay a tourist visa and find out the requirements that apply to you by checking out the specific country’s embassy website. That’s the only way to guarantee you won’t be denied entry with another valid tourist visa or encounter problems based on your previous negligence at the border.
[photos by: jaaron (passport stamps), t0msk (baby holding passport)]
Hello, I am a US citizen and am interested in living in Spain for 6 months with my husband. We will both be working our US jobs remotely (online) and do not have a need for a work visa. I notice that the residence visa requires that you show proof of “sufficient funds” to support yourself without work for the 6 months. Is there anywhere that shows how much is “sufficient”? Does this need to be money in a savings, annual income, credit cards??? I am worried about being denied for a residence visa. We are considering going to Spain even if we are denied. Is it very difficult to be approved for a residence visa? How far in advance should we submit our application? Thoughts?
Towards the end of our vacation, we are planning on backpacking our way over to Croatia and then flying to Istanbul for a few days and then flying back to Croatia. Will we have difficulty returning to the Schengen Region/Spain? Thank you!
Have you called the Spanish embassy?
hi my name is laura
i’m from Ireland im currently here in New Zealand 4 months 1 month over the visitors visa and could be here another month im trying to sort it out i have to prove funds.im here with my boyfriend but his visa doesn’;t end till mid november.my question is if i get deported leaving New Zealand will i get into Australia if i have a valid visa for that country?? please help im scared i wont be allowed in!!!
I think most likely you’d face a fine and/or ban on the way out as opposed to deportation. Contact your embassy to find out if there are solutions for your case.
Hello. My name is Dwyane. I have a friend who came to the US using her Dutch passport, and she stayed in the US more than she should. She has two kids, one of them has american passport. She stayed for 4 years. Today, she is going to Mexico with the kids. She really doesn’t want to go since she is scared she won’t be able to come back but it’s a must because of some family issues. She wants to come back(only her, without kids) as soon as possible like before new year but she was told by her sister that she will probably be punished for a long time(2-10yrs) So, I was looking online if i could find if they will punish her/ or if they do how long it would be. So that would be my question: Are they going to punish her when she decides to come back? If so, how long the punishment will be? Any type of information would be greatly appreciated. Please, answer soon as possible.
Thank you in advance.
Talk to an immigration lawyer, your situation is complicated and if returning to the US is critical, professional advice is strongly advised.
Appreciate the answer Anil! Actually I talked to her yesterday and she told me that she came to the US with her Mexican passport. In a week or so she is going to renew her DUTCH passport and in december she will buy ticket and try to get into US with her Dutch passport, not mexican like she did the first time. Does that sounds like when they check her with Dutch passport at the US Airport, they won’t figure out she was here before and not let her in? One more question: what would be your suggestion for her to do: to do above what she is planning to do or to seek for immigration lawyer/professional advice first?
They’ll likely have records of it but I’m not sure if that will cause any problems. The odds are it won’t but you can’t be sure without professional advice. In your case I would recommend talking to a lawyer or at least calling the Dutch embassy in the US for their advice. Best of luck!
Hello all!
I am currently traveling in Spain and recently bought my return ticket to the U.S. for December. I didn’t realize until after I bought it that from the first day I entered Spain until my departure day, I would be overstaying within the Schengen Area for 4 days (a total of 94 days). I have been very stressed since.
However, I am planning to visit a friend in Dublin and tour Ireland this month and will be out of Schengen for a week.
I have done the math and physically staying in Schengen leaves me with 87 days (7 days – not included in the 94 days = 87 days in Schengen).
Technically, this pushes back the amount of days and could mean I am OK and would not be overstaying my Schengen visa, correct? I don’t know if this is how the Schengen Visa works.
My return ticket is non-refundable and non-modifiable. I hope to avoid buying a new one simply to change the day…
If anyone has suggestions or an opinion as to what I should do, I would appreciate it immensely and it would put my mind at ease. Thanks in advance!
Hi Tinissn, this post should help answer your Schengen questions:
http://foxnomad.com/2012/10/04/answers-to-your-7-most-commonly-asked-schengen-area-visa-questions/
Hello,
I have been visiting Italy for almost 4 months! I am leaving soon, and have no reason to return after. What issues do I possibly face leaving the country? Any? What if I have a layover in Milan or possible another country?
It depends on your citizenship, but fine and possible ban for some time are the biggest consequences if you face any at all.
Hello,
I’m a US citizen married to an EU citizen. We have one child who has an American passport. We have been living in Hungary for 5 months and are about to leave to go on vacation for a few weeks. I have definitely overstayed my 90 days in hungary and we have an appointment to request residency for me but could not get a date for an interview before our trip. I’m concerned that there will be issues coming back in to Hungary. Any thoughts?
Thank you!
You might have issues. Try getting the appropriate long-term visa prior to your next visit. That way if you’re rejected, at least you didn’t waste money on an airplane ticket.
Hi, I will be going to the united states to live with a friend for between 6-12 months, I know I should have a visa but then I have to pay for that, find a way to London (only 16), accommodation there and travel expenses! What will happen? I won’t get found in America however will I get fined on the way out? Thanks very much!
Why not get the visa?
Yes, I will do! I am going to the states late August 2013 on a B2 visa and then leaving late January 2014. I can get accepted to the local high school (my friends parents will pay for it, all my accommodation and food etc)so this should sort the sufficient funds, so once granted the F-1 visa for my studies although it’s limited to 12 months in a public high school, because I would be leaving high school before the 12 months could I go straight to university? We were wanting to move to his other house in California. Thanks
I’m not sure how it will work in your case, it’s beyond travel visas. Sorry but good luck!
Hi, I am from the Philippines and have been in Denmark twice for a tourist visa
(90 days) visiting my boyfriend. On my second visit, I overstayed for 2 days because my bf miscalculated the number of days in a month, July and August has 31 days. We only learned this mistake recently because I am applying for the third time a tourist visa. Now, I am really scared that the embassy will reject my visa application because of my overstaying. Please, please anyone knows what is the right thing to do to or any advice to avoid visa rejection is highly appreciated. HELP HELP PLEASE…..
Go on with the visa application and see what happens first…
Hi, I am a US citizen who moved to the Czech Republic three months ago, I have overstayed my 90 days but have applied for a self employed business visa before the 90 days were up. But now, it is up to them to approve or deny my visa. In the case it is denied, what would I have to do? Thanks.
They’ll likely tell you specifically how much longer you can remain in the country.
Hello
I was somewhat alarmed to read an e-mail from a friend, in L.A; USA; when he stated that he intends to visit The Netherlands, then overstay. I have attempted to caution him about this, but because of personal problems, he feels he needs to get away. He does have friends and support in The Netherlands, who may become sponsors. Best done legally, so what is the most feasible way to do this? He is aged 20yrs. Unmarried. I believe he has little money to pay for advice.
I am most grateful for any advice I may forward to him.
Kind Regards
Jon
Hi Jon, it’s fairly straightforward to get a long-term 1 year visa – have him contact the Dutch immigration to inquire. The US embassy there may also be able to help.
Hello
I accidently overstayed my Esta.
Do you think that if i get a b2 visa (which i just applied for) and i try to re enter the states,
They might still kick me back on a plane too holland?
Thank u
It depends on the circumstances and length of overstay.
I am canadian citizen but living in India from last 18 years.unfortunately I have overstayed my visa by 12 years.what should I do now?
I would talk to an immigration lawyer and see what your options are.
Hi there,
I’m a Canadian citizen who has overstayed my tourist visa by 5 months in the U.S. I came here to help out a family member out here when they were sick. I then ran into some financial problems in getting a ticket back. I finally now have enough for plane tickets and for my bags. And my family member is now doing better health wise. Will I get introuble at the airport? Or just have a difficult time in reapplying for a visage the future? Any information would be appreciated.
Most likely the latter.
Hi. I am planning on applying a US tourist visa (I’m from the Philippines). I was able to enter as a tourist 10 years ago but stayed in the US for 13 months (6 months extension + 1 month overstay). What do you think my chances are of having an approved tourist visa?
I would think pretty good.
Hello guys.. I am a filipino who is planning to go to israel this coming july.. I am only allowed to stay there for 90 days but my days of stay will depend on the immigration of israel.. I am not sure if i will get my 90 days visit but i have decided already to overstay there for a long time until i get deported.. I am ready to face whatever will be the consequences of my actions.. What i wanna know is what is the best way not to get deported easily so that i can stay there for years?? Please help me..