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.

passport stamps

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.

baby holding passportYour 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)]

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  1. Judysaad says:

    It also does not matter if u leave before tourist visa expires.. U can leave when u want to

    (0)
  2. Kiki says:

    Hi I am a US citizen who has bene living in Sweden with my bf. Two weeks before my tourist visa expired I flew back to the US to do an interview for temporary residency based on cohabitation. I am told it could take up to 3 months for a decision to be reached on my case and that I should wait in the US. I know this is clearly the right thing to do but I would like to return to Sweden to live with my bf. If I fly into Copenhagen and take the train to Sweden I think I should have no problem. However, when my permit is approved in 3 months I have to fly into a Swedish airport to have the residency card affixed into my passport at the time of entry. Do you think it will be a problem if and when that time comes? The fact that my tourist visa will have been long expired, couldn’t affect a residency permit that has already been approved could it?

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  3. Subham Dangol says:

    Hello,

    I am a Nepalese citizen, right now a permanent resident in USA. I am travelling to london on nov 5th and might stay for a week or two. My visit visa to UK expires on 12 november, what happens if i overstay like a week, is there some kind of paperwork that needs to be done in order to overstay, because applying for an extended visa right now doable due to time constraints. Please help.

    (0)
  4. prakash says:

    but i am in big confusion…..from the prosect of british authority…..its like i ve never left UK once I entered it because there is no exit stamp on my passport…i was only given entry stamp by the french authority at the border.moreover my college might have informed Home Office about my dissapperance from the college……your view would be highly appreciated. thks a lot..

    (0)
  5. maria says:

    Hi Cristian Recinos,I live in San Francisco, and I m european.

    (0)
  6. Lisa says:

    I need some advice PLEASE!!!! I am a US Citizen who has been living in Spain without papers for a little over a year. I moved here to be with my partner and have been looking for work ever since, but it is not that easy for an American from Chicago to find work, but I am getting closer to finding a job. I want to go to New York for the holidays. I would be flying out of Barcelona to New York and when I return I would be flying from Chicago to Amesterdam then back to Barcelona.. How strict are spanish authorities and will I be questioned on the US end when entering and will I have a problem returning back to Spain after the 15 day holiday? I have read so much I am SO confused I just need an honest opnion. Is there a good chance of the catching it after all I ahve over stayed by 1 year and 1 month. Please help!!!!

    (0)
    • Anil P. says:

      It’s really tough to say, it depends on the person who ends up checking your passport upon entry into the Schengen zone. Amsterdam isn’t usually too strict but a 1 year overstay is much more noticeable than a 2 week one. Apply for a longer term travel visa when you’re in the US to be sure.

      (0)
  7. anjuli says:

    I know in Ghana if you are to overstay they charge you a penalty (fine) otherwise you are not allowed to leave. The reason I know this is because I was asked to be a travel companion of a young girl (17 years old)- and at the airport immigration they noted she had overstayed by about 4 months- I was left paying the fee for her :( …apparently she was unaware and her father never bothered to let her know!

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  8. grace says:

    hi anil,

    sorry to bother you but this has been really worrying me.

    i recently overstayed in the uk by eleven days (left october 31, entry was april 20). it was mainly a communication error and i had no idea i was even overstaying when i left.

    i left of my own violation and never attempted to work or gain benefits from the government. the border agency worker had me fill out a form of overstay and recommded i get a visitors visa if i planned on returning.

    i read on the border agency website that if you overstay less than 28 days you won’t be penalized; however, do i need entry clearance before i go back, or a visitor’s visa? i really want to go back over christmas for two weeks, but i’m worried it won’t happen because of this accidental overstay.

    (0)
    • Anil P. says:

      Hi Grace, not a problem. I would suggest you get the visitor’s visa as the border agent suggested, you wouldn’t want to book a ticket and arrive, only to be turned away.

      (0)
  9. Yashraj says:

    Hi there I overstayed in Uk for ten years on my tourist visa I carry an Indian passport I came back to India now got a new passport now my question is my wife is in Canada on a student visa n she is pregnant now I want to go there as on dependent visa as she is alone so do think canadain immigration will know that I overstayed in Uk as Ukimmigration dint take my fingerprints oranything they just let me go they dint put astamp on my passport as my passport wasexpired n I came on paper given by Indian high commission in Uk it’s called emergency certificate
    Do u think I will get problems in getting visa for Canada because of my overstay in Uk
    Please answer my question thank you

    (0)
  10. Raman Tripathi says:

    Hi Anil,

    my friend’s student visa has expired in UK since last 2 years. He is on Indian PP and now he wants to return back to India. Will it be difficult for him to clear customs in UK & India? And does he needs to take any precautions while on Transit?

    (0)
    • Anil P. says:

      I’m really not sure, that’s not within the realm of travel visas. Assuming he’s an Indian citizen, getting in to India won’t be a problem, as for the UK, not sure.

      (0)
  11. SALLY MAINE says:

    hi there! this is my second time in the uk as visitor (tourist) and i am from morocco, i am with my british boyfriend for about 4 years but we live 6 months in morocco and i apply for tourist visa for six months so we live six months in morocco and six months in the uk. Now we want to get married and we found a lot of problems to do it in morocco due to religion so we decided to get married in the uk but i am on tourist visa and i am attending to leave the uk on the end of my visit. is there any way to get married in the uk on visitor visa? and have anyone did it before? regards Sally.

    (0)
    • Anil P. says:

      Sally, check out the UK’s office of immigration website, they’ll have some information there and I’d strongly recommend talking to an immigration lawyer for your case. Good luck!

      (0)
  12. mike bones says:

    ps have a current Paraguayan passport, but Paraguay does not recognize dual citenship… my idea was to leave on my Paraguayan passport and enter the US with my US passport…….

    (0)
    • Anil P. says:

      The best place to contact would be the Paraguayan embassy (in the US) – I couldn’t find any official information about Paraguayan overstays.

      Did you enter Paraguay on the US passport? I’m guessing if you show the Paraguayan passport on the way out they won’t say anything but the embassy can give you the official word. To find the contact info easily:

      http://www.embassyworld.com/

      If you don’t forget or mind it would be great if you could come back and leave a comment as to what happened.

      (0)
  13. Carla lara says:

    Hi, im a colombian citizen and i just got the visa to function as a au pair in denmark. Now im in denmark(copenhaguen) i have one month here already but i dont like the way that my host family treats me, im supposed to work 5 hours per day and im actually working the whole day. i have decided to move to leave my host family and move spain since i have my aunt living there and dont come back to denmark anymore… will there be any problems if i do that? will my host family do somethings against that ? will they cancel my visa as au pair ? i really need to get an answer . take care

    (0)
    • Anil P. says:

      I have no idea how your host family will react – if you’re going through an au pair agency, contact then to see if they can place you with another family.

      (0)
  14. Mellow says:

    HI Anil,
    I went to US on student visa. I overstayed there. Okie I got into hand of immigration. I requested for a voluntary departure, and I was granted. I had 180 days to fly out of US. I have left USA within few days. Now I am applying for a student visa to Canada. I have been to Canada twice when I was in USA, because I had a one year multiple entry tourist visa to Canada, and now its expiered as well. Okie Now I am applying for a visa to Canada will that matter applying for a student visa to Canada ?.. i also had a ticked for possessing less than a gram of marijuana, but I came back to Home country ( India) without paying a ticket. Please tell me if I can apply for student visa to Canada.I have a clean record in Canada ..I have been there twice on my tourist visa.

    (-1)
  15. Jess says:

    Hi Anil,

    I recently accepted a position as an Au Pair with a family living in a small city in western Spain and am concerned about going without a visa. I will be staying for ten and a half month. I spoke with another American, living in Madrid illegally for a year as an Au Pair, and she told me not to bother with a visa because she was denied twice and knows plenty of Americans living without a visa. I leave in a month and will be arriving with a one way ticket. After my 90 days should I just avoid leaving Spain until I return to the US? What should be my biggest concerns and what is the worst case scenario… jail time? fines? deportation? ban from Spain? from Europe?
    Any information is helpful and appreciated.

    (-1)
    • Anil P. says:

      Hi Jess – unless you’ve got a great reason, in general it’s not a good idea to knowingly overstay a visa no matter where you are. You end up putting yourself at the mercy of the laws and officers you come across without much to argue in your favor.

      Are you going through one of the au pair agencies? If so, they should have handled the visa process for you.

      (1)
  16. Nick says:

    Hi Anil,

    I am a Singaporean, overstayed in Malaysia for 2 days, because I forgot about the 30 days tourist visa. How do I go about it? Go to Embassy first?

    (0)
    • Anil P. says:

      Hi Nick,

      Do you already have a ticket out of the country? Best advice is to leave as soon as possible unless you have plans to stay for a much longer period of time (applying for a resident visa or such).

      (0)
  17. parog says:

    I have a girlfriend living and working in Brazil. She has overstayed her 6 mo. Visa for about one month. I have a US Corporation here and would like to sponsor her (and a few of her new friends) as a contracted employee. What would I have to do to get her a business visa that does not require her to come back and forth to the US for every extension?

    (0)
    • Anil P. says:

      What is her citizenship?

      Either way, if the company is handling the visa, they should have a lawyer on hand who can give her the answers to her specific questions. I’d start there.

      (0)
  18. anon says:

    hi there, i am an au pair from the uk, working in the netherlands. i want to stay another year as an au pair however the au pair sites say if you have been an au pair for a year and stayed on a residence permit you can not. but i am from the eu so i never needed a residence permit, it doesnt say anything about this though..can you help?

    (0)
  19. I’ve over-stayed in Singapore once (not on Visa, but passport expiration), and upon leaving Singapore for Malaysia, the SG custom officer was so nice to advise me to better don’t leave the country, but to get my passport renewed first at the Malaysian embassy in Singapore. I know this is different scenario from your post, but still I really appreciate the officer’s goodwill. I really didn’t know that my passport has expired, not that I’m on purpose… :)

    (0)
  20. daniel says:

    I enter india with student visa in july 2008. My visa runs out when i finish my study in 2010. it has been almost a year since my visa expires. Now i want to leave india as soon as possible. what should i do and what is the penalty for my crime?

    (0)
  21. doglover says:

    My daughter(US citizen) went to Italy with no Visa- only on her passport. She has only been there 1 week. She wanted to see her University and the place she will be living-She mailed me her passport and I am going to mail to Italian Embassy in Miami with her student visa application. I will mail her passport back to her as soon as I get it back from Embassy. We have tried a couple of times and the Embassy has asked for more info- but finally we have all of the paperwork in order- just a matter of mailing to Miami Italian Embassy. We know they accept mailed applications but they do not accept phone calls and their email answers are short and don’t give much info, plus we do not want to red flag her- therefore- a few questions:

    1) will they give her a Visa knowing she is still in Italy? or will they
    make her come home to apply (seeing from her passport that she is still there)?
    2) if they do, will she have to fly home to get it and leave USA with it or can she fly out of Italy and leave a non Schengen country with it?
    3) will she have to wait 90 days or can she immediately return to Italy with a student visa?
    4) are Visas just stamps on passports or separate documents?

    Thanks for any help you can give us- we have been working on this for several months- especially need to know about number 3

    (0)
    • Anil P. says:

      I can’t say with absolute certainty so take my advice as suggestion only. On the first point, probably not. Second, on the application or Italian embassy website it will say whether or not you can apply from within Italy, I’m not sure on that one.

      As for the third, once the visa is approved she can enter on the date (or after) it is valid. Finally, on the fourth, it depends, but usually anything other than a travel visa comes with some other documentation the traveler needs to carry, in addition to a passport stamp or sticker. It varies from country to country.

      Hope this helps!

      (0)
  22. Charlotte says:

    Hiya!
    I overstayed my visa to South Africa last year and have not paid the fine yet, I am flying back to SA Monday and was just wondering if I could pay the fine I recieved upon entry to SA? I’m just worried about being denied entry even though I’ll have the money ready waiting to pay my fine.
    Thanks x

    (0)
  23. Dilshan silva says:

    Can anybody who knows about American laws and regulations tell me if a person can enter into the USA with visiting visa and then find a job,something like a caregiver and then get permanent visa in the USA ?

    (0)
  24. Leah says:

    Hey in March this year I went to visit London, arriving by gatwick. They (uk border agency) refused me entry and banned me for 1 year – i’m still in the process of appealing. There is a letter on file with them basically stating i abused nhs. (got sick went to the hospital was admitted and the dr. did not charge me) so i’m being labeeled as an abuser of their health system. I’m an artist and they went on my fan page and found shows i promoted and accused me of working. They said that i do not appear to be a woman of means and that they do not believe i would not over stay or try to access public funds. Things that in my many trips and stays in london i have never done. I’ve never done anything illegal or overstayed or abused anything of the sort in my life. It was a really disgusting and traumatic experience, i was detained for 16hrs and then because they didn’t have a flight for me I was held 3 days in a detention center. It was such a nightmare – i find it hard to even think about.

    Anyways, my question is, in my passport there is now a dated stamp that they have crossed out, it has a t shaped cross on it. Will this cause me problems when flying to other countries? I just can’t go through anything like that again…especially on their account.

    Thanks for your help.

    Sincerely Leah

    (0)
    • Anil P. says:

      It should not cause any problems when traveling to other countries but it might certainly be something you’re asked about by other officials. The easiest way to get around the added scrutiny is to renew your passport so you don’t have that stamp in it.

      (0)
  25. john says:

    my girlfriend citizen of Slovenia was denied entry because of overstay one overstay for 9 days, another for 45! Because its under the 180 day rule is it easier to gain permission to re-enter? does she apply for a new visa? please help!

    (0)
    • Anil P. says:

      I’m confused about the situation – but Slovenia is a member of the EU and allows free movement with member states. Visa shouldn’t be an issue, but best to call the embassy to confirm.

      (0)
      • john says:

        thanks for your reply. she was visting the states with a visa waiver and overstayed 9 days on one trip 45 on another. this trip/ attempt to visit immigration deported her :( Please any any advice would be helpfull

        (0)
        • Anil P. says:

          2 overstays?? It’s going to be very tough to get another visa and she might very well be blacklisted for up to 10 years or more. Best to apply at the US embassy beforehand so she doesn’t risk being denied entry at the port again.

          (0)
          • john says:

            you think marrying in the/her foreign country then pursing the paper work would be the fastest way to get my gf to the sates. i know we could purse the finance visa (k-1) but im thinking getting married first then pursing entry may be the fastest way to get her to the states. we were engaged to marry this August in the states anyways!

            (0)
          • Anil P. says:

            That’s over my head and a completely different situation. Best talk to a lawyer to get the proper advice.

            (0)
  26. Essie says:

    Hi. I have a question Anil. I am from Africa and have previously traveled several times to Italy on a tourist visa. But the last time I overstayed a 30 days visa by 10 days. In all honesty, I didnt know how strict the rules were, and also confused validity with duration of stay. I overstayed for a good reason but I don’t have proof for it. I took a flight from Milan to Paris and then out of Europe but the passport control officers didnt stop me. The officer at the gate stopped me briefly but I think it was because I had not flown in from Turin as per my ticket. The crew was on strike so i had to go to Milan to take my flight from there.
    Anyway, I am planning to go back to Italy for 80 days on a tourist visa but I am worried that even if I dont have problems getting another visa at the embassy, I might have problems on re-entry. Any suggestions or thoughts on this given that i am from a third world country?

    (0)
    • Anil P. says:

      Hi Essie,

      I’m not a legal expert and don’t know the details of your situation, but based on my experience I would say that since you have to apply for a visa, any problems that pop up will happen at that point. They will look at your passport at the Italian embassy and determine if you will be admitted. While you could theoretically get turned back upon arrival, it would be very unlikely with a valid visa in your hand.

      Having said all of that – I’d recommend going to the Italian embassy website and looking through the exact details, based on your country of citizenship. You can also call and ask the embassy generically what problems you may encounter.

      I hope this helped some and that you’ll check and be able to arrive in Italy without problems. If possible, I’d appreciate it if you could let me know what actions you took and how it turned out with a comment reply here.

      (0)
  27. Rob says:

    Would booking a hotel in the uk for my holiday be better then telling immigration i will be staying With a friend?. because they will think i’m going to see a lover. which i’m not. so would booking a hotel give me better chance to injoying my holiday? i got 1000 usd$$ on my debit card return ticket. 100 pounds in cash. i just dont want to be sent back because i’m 22. so having a itinerary and a booked hotel be better then saying i’m staying with friends for my 2 week holiday and going sightseeing with them?i have a bank statement as well

    (0)
  28. Ace says:

    Hey Anil i’m still worried of being refused into the uk for my 2 week visit to my friends. i don’t have any real ties to the US. except family and my dogs my grandmother is watching for me. someone said this was 38, married but separated, 5 children (4 under 18), owned property in the US, bred dogs, essentially I had a LOT of ties to the US. I also had a return ticket. I entered the UK, to visit a friend (who is now my husband). I ended up being detained, questioned (interrogated is more like it) for over 5 hours. I was officially refused entry, they kept my passport but allowed me to enter the UK for 3 days.

    Now, with my strong ties, I was denied. I was middle aged, with kids, and could not stay in the UK to get married if I had wanted to because I was legally married although separated. Do you think YOU have stronger ties? See what I mean. I am not saying you will be stopped, or pulled to the side or even refused entry. What I am saying is be prepared for it, it is a very real possibility. The UK refuses entry to thousands of Americans every year, and sends them straight home. Happens every day. i would like to no the odds of me being denied. i’m 22 i have everything i need to enter the uk like return ticket bank statements a place where i’ll be staying. what are the odds. and if they do deny me what can i do to refuse to take a plane back? any advise will be truly helpful. i’m truly nervous i don’t want the money i’ve been saving for 8 months to go to waste. i’m sorry to pester you.

    (-1)
    • Anil P. says:

      I honestly don’t know what the odds are; typically on a US passport, no criminal record, etc. entry should be fairly routine. Also, where are you getting your statistics for the, “UK refuses entry to thousands of Americans every year, and sends them straight home. Happens every day.”?

      That said, if you are *this* concerned you won’t be allowed entry, call the nearest UK embassy in the US for more information.

      (1)
  29. Lucy says:

    Hi,

    Can you help?

    I’m teaching in Bulgaria (arrived 31 May) until 2 Sept (end of my contract. This already takes me over 90 days by 3 days and I also want to spend 3 weeks at the end travelling. Do you think I need to get a visa? If so, how? I don’t speak bulgarian! Or, is it OK to do a ‘border run’ sometime in July? Will this renew my visa?

    Thanks for your advice!

    L

    (0)
    • Lucy says:

      forgot to say i have a UK passport.

      (0)
      • Anil P. says:

        You need to extend your “short-term (C)” visa at the embassy or nearest consulate. Not sure how much it costs or how long it takes but shouldn’t be difficult with English.

        Also, Bulgaria is a member of the EU / Schnegen nations and a tourist visa is only valid for 90 days out of every 180. A border run wouldn’t work – unless it was for a minimum of 90 days.

        Hope this helps, good luck!

        (0)
        • Lucy says:

          Thanks Anil. Will it be easy to extend the visa? DO I need to have a particular reason for staying?

          Lucy

          (0)
          • Anil P. says:

            You’re welcome Lucy. I don’t know how easy it would be to extend the visa but my guess is that being a UK national it won’t be too difficult – especially if you’re staying for tourism (perfect reason to give when applying) which means more money for the country :)

            I know a few people who’ve gotten extended visas to travel there (US/EU nationals) so hopefully you will too. Let me know how it goes.

            (0)
  30. MikeFoo says:

    I’m working legally in the UK. My problem is a relative pitched up at my place several weeks back and has overstayed her tourist visa by at least 6 months. As far as I know she’s not indulged in any illegal activities(minus the overstaying). Because of family ties back home(Malaysia) I’ve agreed to fund the cost of her plane ticket back to Malaysia. She’ll be leaving very soon. I presume that she’ll be flagged up at Heathrow on the way out. The ticket can easily be traced back to me(credit card). Am I going to get into serious trouble for all this? I can’t turn her out of my house because she’s a relative. I am getting ulcers thinking about the possible repercussions.

    (0)
    • Anil P. says:

      Honestly I’m not sure what the implications are; and don’t want to take a poor guess. Check the UK immigration office’s website, they might have good information for you to start with.

      (0)
  31. Ryan says:

    Hi Anil, I’m a white american who has overstayed my travel visa by almost a year. I’m in Austria and I have a job working for a european web programmer who’s clients are american, so they are the ones who pay me. Recently my boss mentioned to me that we should look into getting me a work visa so I can stay legally. Here are my questions:

    ~ Do you know if I would have to go back to the States first before I get a work visa and/or residency? Or could I stay here and do all the paperwork with an overstayed u.s. passport?

    ~ I originally flew into Spain and thought about flying out of spain when I leave Schengen (even though I’d have to get to spain from austria), but as you said above, the travel cost might not be worth it if I get a fine. Do you think it’s worth flying out of the country I flew into (spain) so that I don’t get banned on the country I’d prefer to return to (austria) in the future?

    (0)
    • Anil P. says:

      Hi Ryan, when is your company going to pursue your long-term visa? There initial chat with the immigration lawyer will give you the specific answers to your questions. I’m not sure if the process can be done in country but generally in Europe that’s the case. Double-check to confirm of course.

      (0)
      • Ryan says:

        I think rather soon. I’m just worried that the immigration people would have to check my current passport and then they’d see that I’ve overstayed. Perhaps they could not only deny me but also deport me…

        (0)
        • Anil P. says:

          I’m betting that you can initiate the process from within the country but be sure to get your company to do the legwork and get specific details for your case. Best of luck.

          (0)
  32. dino says:

    How strict is Italy about this sort of thing with US citizens? Lets say if someone over stays a tourist visa for 2 or 3 months.. but is returning to go to school on a study visa at the end of those 3 extra months.

    Thank you!

    (0)
    • Anil P. says:

      So you’re going to overstay, then go back to the US to apply for the student visa?

      Honestly it depends on the officer you get when entering but still, an overstay may cause you problems down the line and should be avoided at all costs. I’d recommend calling the Italian embassy (or their website) and look into getting an extension for your tourist visa. It might cost a bit but will keep you in the clear down the line.

      Hope this helps, good luck.
      -Anil

      (0)
  33. Marie says:

    Here’s a doozie,

    I work for an American company that also has a compnay in France. I was sent over to France to run our French office. Before I left, I went to the French consulate in Miami and presented my documents along with those of my son who would be travelling with me.

    They were denied and I was told that I was applying for the wrong visa. Unfortunately, the man that I saw didn’t speak much English so I was unable to get a full description of what I actually needed.

    Upon returning to my office, I was told by my boss that she had just found out that our French Accountants would be able to handle the visa process for us.

    Of course, that didn’t work out. The paperwork was returned not once, but twice as imconplete. Now, not only am I overstayed and working illegally in the country. So is my nanny and my son (all American).

    We now have a French lawyer working for us but now, I’m wondering if I’m going to be able to re-enter the EU in the future. I’m trying to figure out what kind of CYA measures that I need to take to make sure that I’m allowed back.

    One thing I’m considering is telling my boss is that I will no longer be available to work in the office. The problem is, is that I’m afraid that if I don’t work, that I won’t get paid and I’m a single mom so there’s no food on the table if I’m not earning a paycheck.

    While it sounds like I have a great high paying job because I’ve been sent to a foreign county to work, I assure you, I absolutely can not afford to not work.

    There’s loads more to my conundrum but these are the very basics.

    Any info would be very much appreciated.

    Thx

    (0)
    • Anil P. says:

      Hi Marie,

      I wish I could be of some help, but unfortunately your situation is way beyond simple travel visas. You lawyer should be able to answer all of these questions for you and is the best resource to ask. You should also push you company to help you sort things out logistically since they are the ones responsible for sending you in the first place.

      Sorry I couldn’t be more help but I wish you the best of luck.

      -Anil

      (0)
  34. Han says:

    Okay thank you for all your information.

    I will try to asking my wife going to IND, because IND is not far from our home. I believe go there is good way, because no matter we call, email and fax all we get no reply. thanks again

    (0)
  35. Trevor says:

    Hello, my Boyfriend was granted a working visa for 1 year by his employer to the UK. I’m trying to meet up with my boyfriend and stay for the year also he has the means to support me, can he help me get the paper work started once there. Should I buy a round trip ticket? Or would a one way ticket be cause for hassles?

    (0)
  36. Han says:

    In Taiwan the embassy is really far far away.

    So do you think when I left in Holland the police officer did not ask me to pay fine and let me sign the documents means maybe when I try to re-enter to Holland on November them will do those things?

    (0)
    • Anil P. says:

      I’m honestly not sure; I would keep trying the embassy for more accurate information.

      (0)
      • Irshad says:

        Hi m from srilanka currently m in France with shengen. Visa m almost overstay in France three months there is any pro when I leave France?

        (0)
      • Qaseem says:

        Hey anil can you help me or give me any answers on what to do Iam a new Zealand citizen in Toronto Canada I was due to return to nz in April and it’s September now and Iam an overstayer for quiet a few months I had family issues and just wanted to stay away for a while now I want to go back to nz but don’t know how can I just buy a one way ticket back to nz ? I don’t want to return here any time soon will I have problems returning to nz in the next few months ?

        (0)
        • Anil P. says:

          You may face a fine and potential ban on the way out in Canada.

          (0)
          • Qaseem says:

            this is the information i found on a website http://www.justlanded.com/english/Canada/Articles/Visas-Permits/Exit-strategy-needed-for-illegals

            in this website if u scroll down a little you will see this article.

            “Q: Can you tell me what happens if you leave the country after your status expires? Are there any penalties? Will there be any issues going through the US?

            A: When you arrive in Canada the officer at the port-of-entry determines how long you will be allowed to stay in Canada. Usually this is 6 months.

            In the normal case, no one from the Canadian government will diarize this date to see if you leave on time. Essentially, you are admitted on the honour system i.e. we trust that you will leave when you are supposed to. If border officials wish to exercise some control over you, they will issue a visitor’s record to you which they will staple in your passport. You will be asked to verify your departure upon leaving Canada. If you don’t, they will come looking for you.

            Unlike some countries, Canada has no exit controls. That means, when you leave Canada, you will not be inspected by Canadian immigration officials who might discover your overstay in Canada.

            However, should you come back to Canada, this may be discovered since border officials may be able to discover your previous overstay here by simply counting the days between your last admission to Canada and the next date in which you entered another country as evidenced by a port stamp in your passport. This could easily complicate your re-entry to Canada as the officer might conclude that you are not likely to comply with any time limits that might be imposed on your stay.” please anil let me know your thoughts on this website and its information and if its false or true and i should not worry and just leave in the next month or two as i have to arrange ticket to return

            (0)
          • Qaseem says:

            Anil what are the chances of me getting a fine and a ban on the way out of Canada ? how will they know if iam an overstayer? i have information from other websites and personal that no one will know your an overstayer unless you try to re-enter. so aparantly i can just fly back to NZ without any problems but if i try come back to canada il get questioned by canadian custom officials to why i had overstayed duration of months last time i came to canada. is this correct and should i just expect the fine and ban and hope nothing else will happen i really dont have an answer if i get questioned on the way out to why i have overstayed.

            (0)
          • Anil P. says:

            This is the official Canadian immigration site:

            http://www.cic.gc.ca/english/index.asp

            As for what happens on your way out, it’s hard to say what the chances are. I’m guessing things are in your favor as a New Zealand resident. They can see your overstay by your passport stamps if they check. I would at this point plan to leave as soon as possible. Good luck.

            (0)
  37. Rafael says:

    Question

    My friend stay in spain over a year, but she never appy for a Visa, when she left trought switzerland she got a fine and they made her sign some papers , ¿what does this papers means, what are the implications?, ¿can she come back to europe?.

    It is any solution to this problem , does she will be forbidden to entry anytime to spain/Europe.

    (0)
  38. Han says:

    Hi Anil,

    Thank you for your advice and I was listen your advice to call IND in Netherlands to check I am in SIS system or not. I called and officer in IND gave me a fax number to ask if I am in SIS system or not, but I sent for few days I do not get any answer also I went to IND website to leave them some messages even my wife did that also get no reply, so I have no idea what to do anymore. I just know that IND officer told me when I over stay in Netherlands they should told me I will be in SIS system or not or pay fine or give me some papers, but I got nothing. when I arrive in the airport the officer ask me why I am overstay and I just said I overstay because of married and I do not want to be illegal here, so I go back to have exam for fell in MVV and then he took my possport to another room then return my passport said you can go. he didnt ask me to pay the fine and dont give me any papers to sign, so Anil what do you think about that

    (0)
  39. Lauren says:

    I have an interesting sort of question, I’ve been staying with my boyfriend in Ireland since the 14th of July, I’m not up to my 90 days yet obviously but we’re trying to find a way to extend my stay (my return ticket is for the 5th of October). What we’ve been looking at is marriage, the only problem is after you apply to get married you have to wait no less than 3 months before you can actually get hitched. 90 days is a few days shy of that 3 month mark, so is there anyway to extend it so we can actually do this or do I have to go back either way? Another thing is, back home (I’m an American citizen) I don’t really have a place of residence, is there anyway I can claim ‘refuge’ or whatever you would call it and tell them I’ve no where to go back home? Ultimately we’d like to be married and get enough time for us to save up to both to go back to the US (his 1st time going, my returning more like, he is an Irish citizen) is there any sort of advice you can give me on this ridiculous sounding situation?

    (0)
  40. Kiersten says:

    Hi Anil,

    A friend of mine came to the US from the UK and because she was on a boat and went to the Bahamas and beyond, didn’t get an exit stamp on her passport. What can she do if she wants to get back into the US at some future point?

    thanks!

    (0)
  41. Han says:

    Hi Anil,

    I was overstay in Netherlands for about 45 days and today I called the NTIO ( Netherlands office in Taiwan ) to asked if I am in SIS system list or not. they check and told me that I am lucky that I am not in list, but it is not mean I am lucky all the time. so my question is although I am not in the list, but when I return to Netherlands they will stay find out I am overstay? and I still need to pay fine or they will ban me re-enter? and first time I am in Netherlands is 2011, March 2 and left is April 3 and second time I am in is 2011 April 23 and left is August 8, so next time when I can go back to Netherlands again?

    (0)
  42. raja says:

    i have marred a girl from bangaldesh one who came in tourist visa for one mounth and after i married she did not went back now its more then 1 year what will happen

    (0)
  43. brett says:

    Hello!
    I hope you can help. My passport says I came into zurich on 20/04/2011. I am still in europe. I did go to romania for a week, and now I am in ITaly. I’m a US citizen. I wish to stay in europe for another 90 days or so, but obviously I’m over the first 90 days. I’m thinking of applying for a german student visa and actually do want to go to Berlin next week. I’m willing to do anything though to keep staying here in europe for at least another 90 days. any recommendations on what type of application and/or what is the easiest country to accomplish this in?

    Thanks for your help!!

    (0)
    • Anil P. says:

      It really depends on your particular situation. Best bet is to simply get an extended travel visa, though it will be a bit more difficult if you’re already overstayed.

      (0)
  44. moreen says:

    Hi,
    just wondering.my bf came here, to Canada, from Germany as a visitor and was only 2 stay 6 months. I had applied for extension at 4 months and he was denied becuz of improper docs…we reapplied and were told to await the second letter for approval. Well, after months, we finally got the second and it was too denied. It all took a year… we wanted to get married and were told why didn’t u do that first? Well, i went by everything the immigration told me and followed it strictly. Now, he’s been here 2 years and is 1 and a half years over his limit.

    Does anyone know what the penalties could be, as he does want to go back and start over. What can I do? Do I go over there with him or will they allow me? We’ve been together 2 years and I do believe that is commonlaw, right?

    I am really new to all of this, as I’ve never been with someone outside my country before and never had to go thru it, but I’m not getting any further ahead with the immigration and when i call all those immigration lawyers, they tell me for $7000, he doesn’t have to leave the country and he’ll get everything within a year… i don’t believe them becuz he’s here illegally. HELPPPPPP…. thank you!

    (0)
    • Anil P. says:

      You should try to get a consulting appointment with a lawyer. It’s usually no near $7,000 (more like $250-500) for an hour of their time in Canada. They may help guide you to what you need more accurately. Also, seeing as you’ve been denied twice, I think it’s worth a good lawyer in your case. Not only does it significantly increase your chance of success and save you from subsequent attempts and potential failures; but it will also take much of the stress off you both as the lawyer takes care of all the headaches during it all.

      (0)
  45. Xavier says:

    Hi.

    I overstayed my American tourist visa in EU by about 20 days. I am flying from Warsaw to Riga and then to Istanbul, where I live now and have residency. What is likely to happen? If I have a fine, how much would it be? is it likely that I will be banned from the EU for three years? I am frantic over this and don’t want a ban. Or even a fine. Please advise

    (0)
    • Anil P. says:

      Check the immigration website of the EU country you’ll be leaving from, it is likely to have specifics on fines and potential bans. You’re almost certainly subject to both but I can’t say as far as the likelihood of ether happening. Good luck!

      (0)
  46. Christina says:

    I am having a problem I am an American citizen and I am married to a Germany Citizen and we got married in Germany.I was in america for 3 months visiting my parents and then I went back to Germany and I got there in March. Well my husband didn’t registered me in the three months that I was there and now they told me I had to leave Germany because I was there over the 90-day period and now I am back in America and I was wondering if I could go back not having a problem since I am married over there?

    (0)
  47. Victoria says:

    Hi Anid,
    I am an American who came to Spain to open a business with a spanish partner. I came on with my passport only. I came in June and in Sept my 90 days are up!
    My question are the following:
    1). Can I leave Spain to go back to USA and reenter Spain? How long do I need to stay in the USA?
    2). On my return to Spain will they question why i Am coming so soon?
    3). Would it be better to leave and come back or ask for an extension? Have not passed the 90 days yet!
    4). If having established a company in Spain help me in any way to ask for residency?

    Please help, thanks!

    (0)
    • Anil P. says:

      1. Yes, but only after 90 days.
      2. You’re only allowed 90 days out of every 180.
      3. Depends on your intentions. You can apply for a longer travel visa.
      4. I’m not sure.

      Hope this helps :)

      (0)
  48. rani says:

    hi Anil, i would appreciate if u can enlighten me with this, my friend was in the USA on a visitor’s visa, but overstayed there because of health problem – she went through surgeries, then had to do follow ups. she had a 10 year visa which will expire later this year, can she return to the USA?

    (0)
    • Anil P. says:

      I’m not sure, depends on the specific type of visa. If returning to the US is essential (for work or otherwise) best to talk to an immigration lawyer for certainty.

      (0)
  49. amy says:

    i am a us citizen on a tourist visa in india. it expires on sept 29th, if i leave the country before sept 29th, does this restart my visa over again. i have a 10 year multiple entry visa. thanks.

    (0)
    • Anil P. says:

      You should confirm this with the visa office, but generally, no. You have 10 years from when the visa was issued, there should be an expiration date on it.

      (0)
      • amy says:

        per India’s visa regulations, it states you can only stay for six months, then you must leave for two months and come back. so this is why if i left before the six months, does it restart when i re-enter the country after visiting another country for a few days.

        (0)
  50. Han says:

    One more question… 90 days out of 180 days is mean after 90 days I must leave and wait another 90 days then I can return right? like I left Holland on 8th Aug and I can return on 9th Nov right? and I already overstay, so I can still try that way?

    (0)
    • Anil P. says:

      Yes on your first two questions and ‘maybe’ on the third. Check the Dutch embassy website and look up their visa requirements (it should list penalties for overstaying).

      (0)
  51. Han says:

    Hi Anil,

    Do you know where I can check if I am in SIS system or not?

    (0)
  52. Han says:

    Thank you for the answer.

    NTIO ( Dutch office ) in Taiwan they will just say I do not know I believe that, so do you think if we call IND in Netherlands is better? sorry for disturb and thank you.

    (0)
    • Anil P. says:

      Hi Han, it’s never a bother – I would start with the office in Taiwan before calling over to the Netherlands. Be persistent though, one of them will have the answer to your specific situation, good luck.

      (0)
  53. Han says:

    This is Han from Taiwan. I get married to a dutch citizen this July, but I hold tourist visa and overstay a month. last month I back to my own country, but I need to have test to fell in MVV, but I didnt pass. just few days ago my wife told me her father get cancel, so there is any way I can go back again just stay a short time?

    (0)
  54. leo says:

    Hi,
    Heres’ a complicated one for you. I want to move to the US permanently. I’m a UK citizen & never been to the states. Under some new ‘Freindly Partners’ rule, I can stay in the US for 3 months & have to return. I uderstand from the US Imig. Websites that I need a 6 month visa & an I-94 to work there. (I have work offered but not with a corporation). My goal is to travel to the US, work, save up & stay (Residency)…So, will they ick me out after 6 months? If they do, will they refuse me re-entry? I have heard so many stories of illegals living in the States & being granted citizenship, without being deported!! How?
    Do I need to preove to the US authorities that I have any savings? If so how much?
    There is more to my ‘wanting’ to go there (Girlfriend is US Citizen), but doesn’t seem relevent to my immediate needs! Thank you for your help.

    (-1)
    • Anil P. says:

      I’m not completely sure but if you want to stay in the US long-term, get the proper visa. If you are deported for whatever reason, getting back in or a visa is going to be very difficult.

      (0)
  55. Chris says:

    Hey I am in the USA currently I have not yet overstayed my 3 month tourist visa period but have unfinished business that will take an extra 12weeks can I go to Mexico for a day and come back into the USA with an extra 3months?

    (-1)
  56. Sage says:

    Hi Anil.. I am currently in Australia on a holiday working visa that expires the 31st of this month. I cant afford a plane ticket back to Canada until around the 3rd.. What I am wondering is I now have an Australian boyfriend that he and I will be applying for a defacto relationship in December.. Will those 3 days cause a hassle with my reenty or application in the future? Also I tried to get a tourist visa in the country and also outside (I just got back from Auckland) Stupidly I told the one in country I wanted to stay to be with my boyfriend and then switch over to the defacto.. Even though it wasnt processed, the old dragon sold me upstream.. What is your opinion?

    Thanks so much
    Sage

    (-1)
    • Anil P. says:

      Hi Sage, the Australian immigration site will likely have information about what happens if you overstay. I’d avoid doing so it at all possible.

      (0)
  57. cristina says:

    HI
    I’m mexican and I just got married to a u.s. citizen. My tourist visa expires in less than a month and we are going to apply for the green card but I don’t know if I will have trouble since my visa will expire in the middle of that process… I will get a I-94 this week which will let me stay legally in the States for six months but still, my visa expires soon, am I going to get in trouble?
    thanks

    (-1)
    • Anil P. says:

      The I-94 should have details on whether you can continue the process from inside the country or not. I’m not exactly sure to be honest; best bet is to check the INS website.

      (0)
  58. Christian Recinos says:

    Hey Anil,

    So I’m planning on going back to San Francisco, for 3 weeks to apply for a student/au pair visa so I can come back to Paris and live here.. and I’d be flying back the 15 of Nov and my tourist visa expires the 21 of Nov..

    My question is, will it be a problem really actually attaining a visa since I already stayed 3 months basically here? I read that once you’ve been in the Schengen area you have to be outside of it for 3 months before entering again, but I guess it would be ok to come back with a visa before that time right? I would be buying a roundtrip ticket too so I don’t know if it’ll be an issue. I tried looking on the embassy, but I didn’t find much at all

    Thanks so much,
    Chris

    (0)
    • Christian Recinos says:

      Also, if I left the day my tourist visa expires, would that cause any issues at all? It actually technically expires the 23rd since that’s when I entered France..

      (-1)
      • Anil P. says:

        The Schengen visa is typically 90 days out of every 180. So long as you’re not overstaying you won’t be complicating the visa process. If you get a visa to enter though even beyond that time you can go whenever that’s valid.

        (0)
  59. steven moore says:

    hi there i have a problem , i came to the usa on januray to be married and we split up before we got married she is an American and came on a tourist visa from the uk my return was in may and i have no money for a return flight i have $400 left and i will be homeless this friday 27th 08 2011 now i have a huge problem i have no money and no family to help me get back to the uk i have over stayed my visa by nearly 4 months and i dont know what to do is there any one out there got any idear what i can do i live in eau cliare W.I i havent sleept in weks worrying about this … i just some luck and a ticket back to the uk .. thanks for listening … i need to get back to scotland and i dont know how or what to do thanks

    (-1)
  60. Ashley says:

    HELP – (my own stupidity I know) I am 21 years old traveling from Canada to Spain to be an au pair. I booked a return ticket for next september and I leave next week – total of ten months. I do not have any sort of visa. I was told by a few girls who did the same thing they did not get one and had no problem who also were au pairs. I assumed I did not need a visa and did not know the consequences. I don’t have time to get a visa, and I don’t even understand how to do it! What are your suggestions? Should I go on my scheduled date… Will I have problems getting there? I am traveling alone and I am pretty scared. What will they do to me if they notice when I am trying to get back to Canada? How much trouble could I get in… Does everyone get caught?

    (-1)
  61. sy says:

    hai.. firstly i hope i am writing in the correct box, secondly Here’s my dilemma.
    I am a British citezen, and i decided to go to holland to be with my partner… I am defonatly not a bright person and did not completley know about the whole only being aloud to stay 3 months, i was told it was okay to go without a visa because england is a EU country.. I actually didnt plan to stay there yet but i did want to live there infact i just wanted to move away from england completly.
    But after so long we finaly decided that i was to live here [ in Holland] perminantly for atleast a couple of years till me and my partner could move to a english speaking country like ireland or something.
    So me not being the brightest person asked my partners mother to help out with all the legal stuff, this was a couple of months after i arrived in holland allready having overstayed not knowingly, anyway she said there were 2 ways for me to stay one was the whole visa thing the other was something else to do with my partnet being able to look after me and im actually not sure exactly what it is but then apparently its okay for me to work here
    and after a year i got some papers and some kind of insurance number.

    i did ask when i received the official paper does this mean i can work here, they said yes. and to get it they did take my passport away for a week but i have no idea if they scanned it because i didn’t get a stamp when i arrived in Holland they just scanned it into a computer.. and i have not once returned to England
    its almost been 2 years since i arrived now and finding a job isn’t that easy and the language is hard for me, as i said before i’m not the smartest person :/

    and my partner is struggling to pay for me and himself and we’ve come to the conclusion that if i don’t find work by July to Halloween then i am to go back to England and just live there and we would have to manage a long distance relationship… and i was watching shows like locked up abroad.. and there was a guy who had to pay a fine for overstaying 2 days allot of money :/ and then i started thinking i was here over a year before i got permission to work here does that mean i overstayed too
    and looking up this 3 month issue it seems i did actually overstay by allot…
    and now i’m terrified >..<

    i hate being such a stupid person and im so sorry for what i've done. :(

    i know i have written allot but to sumerise

    English girl
    Went to Holland april 2010
    stayed living with partner and or his family.
    July 2011 got a UITREKSEL GBA
    which has a BSN number on it. it also has my new address to which im registered and a big stamp.
    Haven't found work so might need to return to England.
    Can not afford to pay any fines will i go to prison…?

    this is stressing me out even more so because time is going fast and its my birthday soon

    (-2)