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.
Cultures of Border Control: Schengen and the Evolution of European Frontiers
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)]
Thanks for the excellent advice about what to do when you over-stay your visa. I haven’t had this problem yet but now I’ll know what to do.
Thanks Donna, hopefully it’s a situation you won’t get into 🙂
Just an update on my situation. I’m an American living in France and I’ve overstayed my visa waiver/tourist’s visa for 9 months. I exited without any problems, and I’m on my way to re-enter now.
Some background: I’m married to a French citizen and we’re in the process of getting me a long stay visa for a spouse. But our Livret de famille is taking longer than expected, so I’ll be returning to France today to wait for that.
So, I came back today after two weeks in the US. I was stamped in without a problem.
So that’s a 9 month overstay in France, left, and then re-entry two weeks later. No penalty.
Thanks very much for following up and letting us know!
Something I’ve always been careful of but the 90 within 180 schengen rule makes it tougher with the schengen area always getting bigger.
Yes, it’s a large area and it makes it tougher to plan long term travels inside of it. Guess it gives you the good and the bad.
I just found this related post,
What happens when you overstay your Thai tourist visa on DreamALittleDream.ca
http://su.pr/2Ep01O
Thanks John, just read and gave it a stumble too.
As you say, the bottom line is, it depends on the country.
I overstayed my Thai visa last winter by one day. There was no penalty at immigration, although they did take me to another desk to check out my passport. Had I been over more than a day I would have been fined 500baht a day (approx. 15.00us).
The important thing to remember though is that once your Visa expires you are in the country illegally. If you should have an accident, or be stopped by the police, you could find yourself in jail. I know that in Thailand you are incarcerated and it is up to you to make the arrangements to get yourself out of jail, pay the imposed fines, and get yourself a plane ticket out of the country. Doesn’t sound like much fun to me.
Nope, not at all. It puts you in a situation where you don’t have much right to argue since most visas are a long enough duration where you don’t have to cut it close.
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!
4 months! That must have been expensive but was really nice of you. I’m not sure everyone would have done that.
Hi, I’m planning a trip to Bangladesh for the extent of the month of July. I will be arriving in the country on June 30 and due to prearranged plans can leave no earlier than July 31. That, however, will put me just over my 30 day Tourist Visa, which I soon will be applying for. My questions is, how will my two day overstay effect my return to the US? If I run into problems, will they occur in Dhaka or Chicago? Will I even run into problems? And if so, what kind? I’d appreciate the help!
Lucas, are you a US citizen? In that case they won’t care you overstayed your visa most likely. They only care about your legitimacy to be in the US unless there is something highly unusual about your travels.
Now, based on the State Department’s website you will likely have to pay a fine for your overstay on the way out of Bangladesh, depending on how closely your visa is inspected at passport control on the way out.
Eek – travelling a lot in Europe I rarely think about visas these days – but it must be more of an issue on thos round the world trips. When I travel outside the EU however, it does make me aware of the advantages of a UK passport – the whole world opens its door to us but the citizens of the countries we visit will have a pretty hard time getting a visa to visit us.
A UK, US, or EU passport makes traveling so much easier in terms of visas. At the same time it makes it harder to overstay since there’s usually no paperwork up front.
The only reason “the whole world opens its doors to us” is that they think a UK (or Irish) passport means “made of money” and “will not take a job away from a local.” That’s a royal pain in the arse when you are in need of, say, an English teaching job to survive. And your only other choice is to live on Jobseekers back in the UK or Ireland. I find it a pain in the arse being treated by “the world” like “a walking ATM machine.”
Only after I booked and loosely planned out my 4 months in Europe did I discover the Schengen agreement! Thank goodness I caught it in time though, because I’ve already found a house-sitting gig in the UK that will address my required month-long absence so I can stay under the 90 day rule.
But interestingly, it was like pulling teeth to find out more about the Schengen zone rules once I discovered they existed. I’m usually pretty good about researching these things, but this one was not well-known. No wonder people overstay all the time!
Even on individual visas (like the Irish one for example) it says you’ve got 90 days in the country, but makes no mention of the Schengen. Also, the don’t seem to scrutinize the visas too much depending on the passport you’re carrying.
im a US citizen currently in paraguay on an overstayed visa.. my Visa expired in January
i will be leaving in June… any suggestions.. estimated cost of fines?
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…….
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.
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!
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
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?
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.
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!
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.
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
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.
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!
That’s over my head and a completely different situation. Best talk to a lawyer to get the proper advice.
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
forgot to say i have a UK passport.
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!
Thanks Anil. Will it be easy to extend the visa? DO I need to have a particular reason for staying?
Lucy
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.
Hi everyone, I want to expose my situation. I am now in Turkey and I don’t need visa to be enter this country and many others in the EU. I’ve been for a while here and already made some border runs to Bulgaria, however for so many reasons, I couldn’t go out on time and now it’s been more than a month that I overstayed here and for so many other reasons, I wouldn’t be able to leave until the first week of July… As I said I don’t need visa to enter Turkey or some EU countries and I am holding a “third world country” passport, what can happen to me when I try to go out of Turkey and try to enter again, as I don’t want to have a ban to enter again and will this affect my intention to make the border run to Greece for example or Cyprus?? Any comment please, I will appreciate.
A lot depends on your home country and specific circumstances. Turkish single entry tourist visas are good for 3 months out of every 12, so border runs don’t work. You need to be out of the country for 9 months in most cases to ‘reset’ the visa.
Go to the Turkish embassy and apply for a visa that will allow you stay over 3 months – otherwise you risk a fine, ban, and potentially other penalties.
hi Anil,
I am glad that I found this website, but I don’t know if you have any idea of re-entering Schengen Zone within a month after reaching the 90 days of visa free?
I hold a Malaysian passport (Chinese born Malaysian), and I understand how the world treating oneself according to the nationality/passport you are carrying, anyway, my story is, I have been in France for almost 90 days now, arrived on the 24th March 2010 and I am leaving on the 20th June 2010, ovbiously not overstaying but clearly I might be questioned when I re-enter France on the 16th July 2010 due to the Schengen agreement.
Did not realise it until recently which only after I have booked my flight to back France, as far as I concerned, I have a couple of days left which I am allowed to enter, I am well aware of the exceeding yet I can’t cancel my flight as I really wanted to come back for someone precious’s birthday. A return ticket is still pending as I don’t know if I should book the ticket dated in Oct or earlier?
According to many comments that I have read, the passport control ain’t as tight as in The States, even friends told me to just try re-enter France, as I am holding Malaysian passport, I don’t know how easy it is for me that they would wave me through?
I was thinking to apply for a long stay visa, but my reason isn’t good enough that I doubt it they would obtain my visa, plus, it takes about 8 to 12 weeks or so while applying for it, which I can’t afford to wait, as I have to travel to Thailand for 4 days during the mid of July, I could apply for it after the trip unfortunately, the birthday of his is only a month away, that’s the conflict I have that struggling me of what should I do?
What would you recommend me?
Thanks a lot! No matter what.
Hey! Great article. I’ve looked all over for this specific information.
One quick question, I’m leaving France (I’ve overstayed for about 5 months) to go to the US and apply for a proper visa. I’m the spouse of an EU citizen.
Who should I contact before leaving? The US embassy in France or the French embassy in the US?
What nationality are you?
I’m American
It depends on what kind of visa you’re applying for. If it’s an extension (based on special circumstances) you might want to try from France since you’re already there. If it’s for a longer tourist or permanent visa it’s probably best to go back to the US and contact the embassy there.
I hope this helps or if you want to continue offline with specific details you can feel free to email me as well:
http://foxnomad.com/contact
Hi Anil-
Great website! I have a question for you – I am Canadian and have been living in Spain with my UK citizen boyfriend. I have been in Spain for 79 days. I left Spain on the 79th day and am now in the UK for one week. My plan is to go back to Spain in a few weeks and stay for at least 16 days – which would be about 5 days over my 90 Schengen days. I am flying back to Canada at the end of Augsut so I am planning on coming back to UK for about 2 weeks. My question is this: when would I get caught with overstaying my visa- leaving Spain or re-entering the UK? I was told by a friend that I can get caught trying to enter the UK.
Thanks Anil,
Ashley
I’m not sure about the when entering the UK (not Schengen but is EU) although you could potentially get fined when leaving Spain. The chances are small, especially with such a short overstay but it’s still not a good idea nonetheless.
i have friend in usa and stay more than 6 months with visa b1/b2 he is 5 years ellegal but he want to come back in europe because family helth problems how many years is the penalty if he want one day to go back to usa.thank you.
Only an immigration lawyer could really help you out on that one – sorry, I wouldn’t be able to help.
Hi-
This is a great website. I am American and have been teaching English for two years in Spain, through a program that gave me a student visa each time (realizing that the teaching I was doing was more like a practicum). This next year I can’t renew the program, as you can only do it for two years. However, I want to go and live in the Spanish city for another year (about 10 months). I have a UK boyfriend who lives in Spain as well. I have quite a few stamps and expired visas in my passport, making it, I’m sure, hard to figure out all of the math. However, I do want to be able to come and go into the UK and potentially live in the EU.
I am willing to make the risk of the visa overstay of 90 days, but I was wondering:
-is there is site online that tells the exact fines that are given if you overstay?
-is there a way, one you are in Spain, to extend your short term visa, without having them realize that you are over your 90 day limit? (I have checked the consulate website and can’t seem to find much info…)
-Would a US citizen get deported from Europe? Would I never be able to come back?
Thanks for answering my questions. I am in love with Spain and want to live there……who knew being American could cause so many problems….
-Erin
Hi Erin,
I’ll do my best to answer your questions:
-the fines will be on the embassy website. If that doesn’t work, check the US State Department file on their site for Spain.
– You can extend a short term visa while in Spain, but they could notice since your entry was recorded in the passport which you’d have to show them and likely recorded into a computer file. Whether they care or not or have it hamper your visa application really depends on the particular circumstances. Being an American is a big advantage though.
– It is possible anytime you overstay although for US citizens unlikely for short overstays. You’ll have to pay a fine possibly and might be denied entry back in depending on who checks your passport coming in.
I would *strongly* recommend not overstaying, especially if you want to permanently live in Spain. Why risk it? You’ll probably be fine to be honest but it can hamper your efforts – any reason not to leave and have everything on the up and up?
Jamaica…I travelled 2 weeks in january and 15 weeks in march (returned mid july and overstayed my visa by 3 weeks) Will I be allowed back in?? And how long am i allowed?? Is it 6 months per visit or 6 months per year?? also is there anyway of extending if only 6 months per year? I’m planning on a 3 month trip end August
Thanks
Your questions depend heavily on your nationality – the embassy would be the best place to get the answers.
my 90 days here in canada already finished and now im overstayed 3 day.how will i know that immigration will catch and deport me.
and im still working in my company even we dont have already valid working permit.and im waiting for a letter coming from immigration so that i show to my company and go back home in my country.
That is way beyond tourist visa! If you’re working on a tourist visa, it’s an issue best to take up with an immigration lawyer.
Hi
Actulay my studies are finished and i m returning back to my home country pakistan ,my visa will finish 25th of september 2010 ,
my question is that i want to overstay for 5- 7 days due to some personel reason and i m not planing to return in an year or so , can u plz tell me that what will happen if i do so , i have read most of the question know about re-entry problems but specialy i wanna know about fines if any, i m student here in uk.
The UK embassy site can let you know about any fines or penalties you might face. Also, you can apply for a tourist visa extension so you wouldn’t have to overstay.
Hi Anil! Great site… you seem to be more helpful than any consulate i have talked to thus far. So here’s my predicament. I am a U.S> Citizen and I want to go to Spain as an Au Pair in a few months. The Spanish Embassy tells me that the family I want to work for has to apply for a work visa for me in Spain, but every family I talk to thinks this is a ridiculous idea, and think that I should be able to get one here. I am not a student, so I can’t get a student visa. I plan on staying for hopefully a full year. Every source I talk to seems to have a different idea of what I am supposed to do. Would it be a terrible idea to go without a visa and work on it after I get there? I feel like I may bave better luck there, or at least find a job that will sponsor me getting one. What advice do you have? Thanks!
Which Au Pair agency are you going through?
Well… its not really an agency, but through a website– Au Pair World. I don’t think they have anything to do with my employment or my visa situation though.
I know that the big agencies will walk you through the process of obtaining the proper (long-term) visa. They’ll also give you the flexibility of changing families if you don’t gel with the first one you work for. As far as I know the family is also responsible for paying for your flight.
You should be able to find out the appropriate agency to call in Spain through this site:
http://www.aupairinamerica.com/
Hope this helps, let me know how it goes. Good luck!
Do you know anything about overstaying on other kinds of visa? Student visas for example?
oops sorry I’m talking about a UK citizen overstaying a student visa in the US, but this because the person was at the time planning to marry a US citizen. Soon as the relationship ended the person left.
I’m not sure and it depends on many specifics. Best to check with an immigration lawyer.
Hey – I have been in Europe for about 90 days now, in various countries all within Schengen. I dont have any stamp on my passport except the initial one I received in Iceland… I am a Canadian citizen. If I stay in Europe, say 140 days… what happens? Say I fly out of Rome or something and they see all i have is a 150 day old stamp from Iceland… can i get on my flight? Face a fine or what? Thanks for the help,
It depends on a number of factors and a fine is possible. Don’t risk it if you don’t have to and apply for a longer tourist visa.
Hey – Thanks for your help. My main concern is that if I apply for an extension and am denied, maybe because i already went over, they will just send me home right away since I have already gone (slightly) over the 90 days. If I make my return flight from a non-shengen country. Is there any problem? Would a non-shengen country care that i overstayed the 90 days? I was oblivious, due to carelessness i guess, of this 90 days rule… i dont care about having this overstay on my visa if i want to go to EU in the future since Canadian passport is renewed every 5 years and I will have a new clean one anyways…
Stephen
A non-Schengen country won’t care – as for the extended visas the rules vary based on each specific country. I don’t know the particulars of that process but just know that you’ll be taking a risk. Also, they usually type in your passport details upon entry so the new passport doesn’t matter much — but in all likelihood it won’t cause you any problems.
Hi there! Thanks for providing a space where these questions can be answered, it is much appreciated! I am an american, and I have been in Italy for just over 3 months. I planned to go to France for the weekend and come back to Italy for another 3 weeks or so. If I understand what you have written previously, I may have a problem when I try to re-enter Italy next week? In addition, what about entering other EU countries as I travel around? Will I have a problem visiting another EU country in the future, because I overstayed my visa in Italy this year? Any info you can provide would help! Thank you so much!
If you’re flying you could potentially encounter problems when entering/exiting France or returning to Italy. The same goes for any of the Schengen nations which also includes some non-EU members:
http://www.axa-schengen.com/en/schengen-countries
To avoid being denied entry down the line (since you’ve already overstayed) leave as soon as possible. The longer the overstay the more likely you are to face re-entry problems.
Bottom line, don’t overstay if you don’t have to and apply for the proper long term visa. As a US citizen you aren’t likely to face problems but if you are denied entry you’ll pay a hefty fine and for an expensive immediate flight back home.
Hey Anil, love the site, very informative. i am a US citizen on a business trip to italy. i am here on a tourist visa, and my 90 days is up in about 3 weeks. it looks like i am going to need to be here about 21 days or so longer than the 90 days limit and am contemplating overstaying. I am not likely to come back to europe any time soon after getting back to the states, and was wondering if i would encounter any issues when trying to get back to the US. i dont think my flight out is going to be able to be non stop, so would a stopping point in the UK and not another schengen country make things easier? thanks in advance!
Hi Elvis – you didn’t get a business visa? That might have been a bit easier to extend. Either way there is a chance (albeit small) that you may face a fine on your way out of Italy for the overstay. Aside from that a stop in the UK wouldn’t affect anything – and you shouldn’t have any problems entering the US.
My son will be going in 3 short weeks to study in Italy for a year. The school is slow about sending an official letter of acceptance, which we need for his visa. Is it possible for him to finish the application here in the US, go in as a tourist, then receive his student visa after his arrival in Italy?
Hmmm, I’m not sure although the visa application (or embassy) should have that information handy. Also I’d advise calling the school to have them send over the forms you need (priority or overnight) mail if needed.
Hi Anil,
I have a question. I’ve overstayed my schengen visa about 7 days now and about to apply for a uk tier 5 visa. Will the overstay affect my chances of entering? I’ve heard uk border are very tight. I’ve overstayed due to waiting for this guy to report back to me of organising an appt for embassy so I feel I’ve tried my best to do this before the time was up. i dont want to be illegal and so this is why I’m looking to go to uk. If all goes well, when I enter I will have a job, accommodation, return flight, visa, and all supporting documents. Will this help my case? Have you gone through there yourself? This is my last option before I head back to Australia.
Thanks
S
Hi Steph, I’m not sure I can help you on this one. It’s a big “depends” since it’s out of the regular tourist visa scope. My guess is that the UK won’t be overly concerned about the short Schengen overstay but that’s only a guess. Sorry I can’t be of more help, I haven’t been in that exact spot myself. Good luck and do let me know how it goes.
-Anil
Also, I have a work permit in CZ and I have work lined up.
Hi Anil
I was wondering if you could give me some advise? I am a UK citizen and have been in the USA for almost 90 days now under the Visa Waiver program (as I am sure you know being a UK citizen/National I do not require a visa to travel to the USA for 90 days or less). My question is – if I travel to canada and back to the USA does this renew my 90 days? As I only have 9 days left of my 90 days in the USA but need to stay longer and don’t want to overstay which may cause problems later on down the road.
Hope you can help
Thanks
No, Canada will not work. Mexico and Canada will not meet the requirements – you’ll need to leave North America.
http://london.usembassy.gov/vwp3.html
Hope this helps!
thank you for your help !!
You’re very welcome!
Great site. I am a US citizen staying in Belgium. I have seen some posts from others with similar situations. I am here on a travel visa but am here for work (paid by my US company)and my 90 days is up in 4 weeks. I will need to stay about 140 days in Belgium. If I leave Belgium to the UK for a week of vacation and come back in at about day 82 do you think the authorities in Belgium will give me any trouble for approaching the schengen 90 days?
I have a return ticket to the US booked around day 140 and am interested to know what I can anticipate when I leave Belgium having overstayed my schengen 90 days by almost 50 days? Will they give me trouble coming back to Belgium or just the whole schengen area the next time I come back within 10 years?
A thought I had was to try to extend my travel visa before it expires, but not really being here for travel I am wondering if that may be difficult.
Tips? Help? Suggestions?
Thanks for your help!
Your company should have gotten a business visa for you. I’d suggest going back to them and having them do the required work (along with any necessary payments). Why spend your own money to leave and come back if you’re there for business? Extending a business visa within a month should be a fairly straightforward process. They usually grant them up to 6 months without issue.
As for leaving and coming back from the UK, that wouldn’t achieve anything. Belgium immigration probably wouldn’t say anything on your return but they might ask for to see your ticket back or you’ll end up having to lie and say you’re leaving before the remaining 8 days are up. On the way out you may also face a fine – although generally for US citizens that’s a rare occurrence.
You’ve got time so work on getting the business extension. Good luck!
Thanks for your help. I went ahead and had my company do the necessary work to get a business visa, but they came across a bump in the road and realized that I had to be in the US to get a business visa. I only have a week and half left of the 90 days, and could go back to the US if needed. Do you know of what I could do from Belgium to get a business visa? Or who I could talk to?
I am flying out of Belgium to Germany and from Germany into the US. My guess is that I’ll be interrogated as to why I overstayed my visit. Would you agree? If so, considering that I am flying from Belgium to Germany, will they question our passports in Germany or Belgium? Based on all of your experience, what is the worst that you’ve heard of happening to someone overstaying a tourist visa? I don’t want to overstay, but the project I am working on may demand it. Does it make it worse if my wife is with me?
Thanks again.
Assuming you’re just in Germany for a layover on to the US, you won’t be questioned at that point. Then go for the business visa from the States. As a US citizen they won’t care that you overstayed – when overstaying a tourist visa you should assume the worst. I believe in the case of Belgium it’s a fine and possible denial of future entry (check their embassy website for full details). Typically those things are overlooked for US citizens but best to never overstay a tourist visa.
Thank you so much for your advice. I took it and left the EU. Unfortunately I left by train, and upon my arrival in Switzerland, they did not stamp my passport. I even asked, and I was told they only stamp passports in the airport. It is now well past my 3 months to stay in the EU, and I am not sure what will happen if I try to re-enter Italy in the next couple of weeks. Can I just keep my train ticket to Switzerland as proof I was there? Any advice you can give would be helpful! Thanks so much!
Are you still in Switzerland?
Yes I am still in Switzerland.
Since Switzerland is part of the Schengen area this won’t solve your visa situation. I don’t see out previous conversation on this post, if you can point it out to me I might be able to help further.
Sorry my other post was under Delphine. I am still in Switzerland and not quite sure what to do next. I need to go back to Italy at some point to wrap up some business I have there. Would you suggest a side-trip to Croatia to help with the passport issue?
As long as you remain more than 3 months outside of the Schengen you should be ok, although there is still some slight risk.
My parents came to US in 1996. We filed I-539 form for their extension of stay and they got approval from USCIS. They stayed 3 more months with approval.
My parents didn’t get the visa in 2007 because the US consulate said, 3 months over stayed.
Unfortunately my parents lost all their approval notices from USCIS.
When I contacted here to get the copies of the extent ion of their Stay, I was told this: neither USCIS nor CBP has any digital or physical records of my parents ever filing an I-539 extension of stay.
My parents need the approval of the extension to get the visa. I need your advice. Thanks.
Unfortunately that is outside of the scope of this post (on general tourist visas). Your best bet is to talk to an immigration lawyer. Sorry I couldn’t be of more help.
Hey Anil!
I have had quite the run around with consulates, foreigner’s offices, etc. I have an interesting situation that I had no idea I was getting myself into….
I studied abroad in Spain on a 180-day student visa, expiring in June. I went to the “oficina de extranheros” and asked for an extension for thirty days. They said I did not need one because I had 90 days as a tourist with my U.S. passport. I stayed the extra thirty days and went back to the United States with no problems.
I am planning to return to visit on Thursday. I have been out of the country for 90 days. I contacted the spanish consulate to ask about the 90 days rule and they had informed me that the foreigner’s office should not have told me that I had 90 days as a tourist and I had technically been illegal! This was outrageous to me because I had tried to go all the necessary routes to stay legal. I e-mailed the consulate back asking what I should do because I had no idea, and their response was “you need to be out of spain for 90 days, enter at your own discretion”.
Now I am very nervous because I want to re-enter Spain on Thursday. I had no idea that what I was doing was wrong as I went to the governmental agency myself to ask — and was apparently misinformed. I have been out of the country for 90 days but the consulate did not answer any of my questions (i’m assuming to cover their backs if there is an issue).
Will they really deny me entry even though I went through all the necessary precautions and the overworked government employee gave me the wrong information? My trip is only for 6 days and I have a return flight already purchased. Also, I have read that most issues come up at passport control, should I pay the obscene fees to get an expedited new passport so my visa and date of exit are not in my passport? I know about the SIS system, but I am confused as to why they did nothing when I was leaving, shouldn’t I have been flagged?
Also, I have heard a different story from everyone about this 90 day rule. I also have a flight purchased for two weeks in December. Will this trip ruin my 90 day rule? I am so confused.
Hi Lauren,
If you’ve already been out of the country for 90 days you shouldn’t have any problems although technically they can deny you entry. For a 6-day trip and as a US citizen you aren’t likely to face any problems – it’s not worth getting a new passport. If any questions do come up you can explain your situation which should go a long way toward helping things go smoothly at passport control.
As for being flagged, I’m not sure what criteria they use to rank risk. (My guess it has mostly to do with the chance of you overstaying on purpose to get a job or seek asylum.) As for December, this 6 days won’t affect it – the Schengen rule is that you have 90 days out of every 180. You can confirm this with the Spanish embassy but unless something changes that’s the rule.
I hope this helps and clears up the confusion, if not let me know and I’ll do my best to point you in the right direction.
HI Lauren, I am in a similar situation- I think I may have overstayed in Germany but was not told ANYTHING when I left through Munich. Literally, not a word from the immigration officer and no weird stamps/red stamps in my passport. I am re-entering Germany (now married to my German spouse) after staying out 90 days. Just curious what happened with you? Thanks:)
Hello! I’m a U.S. citizen. My boyfriend is from Canada. He came to visit (and to take me with him) me in late May. It is now October and we will be leaving for Canada in late December. We married just a week ago. Will we have much trouble getting into Canada? I will be getting a passport and later on will work on permanent residency. But I’m just worried that they won’t let us in at all. Anything you know would be a great help!
I don’t see why you’d have trouble getting in? He’s a citizen and you’re going on a fresh tourist visa – but since your case is a bit beyond the typical tourist visa situation covered by this post I’d run it by both embassy websites. You can find them here:
http://www.foxnomad.com/2008/03/10/find-contact-information-for-every-embassy-in-the-world-embassy-world/
Anil, Hey how u doing?
I have a question… Im a UK citizen my partner is a US citizen. I went to the US last June on a Visa waiver, i missed my flight home and stayed til July this year.
I noticed that the border had not written a departure date on my visa so didnt think there to be a problem. Since i have been back people have said that i would now be barred from re-entry for 3 years. Is this true, even though there was no departure date.
I really need to be able to visit partner as she cant get over here due to work ties.
Any help or advice will be greatly appreciated. Many thanks
Char, it would be best to contact an immigration lawyer since this is somewhat beyond the scope of this post topic and outside of my expertise. Your previous overstay could complicate your next visit to the US so best to be safe by running it by a professional.
Hi,
Thanks for your information on this site. Very valuable. Here’s my situation. I am a teacher and came to the Czech Republic to work. I already had a job lined up at a university and am currently working. I am a U.S. citizen, but have lived and worked in S. Korea for the past ten years. I came to the Czech on a tourist visa with the intention of applying for the work visa during this time. Here is the problem: while I can sign a waiver for the mandatory criminal check from America (Czech/American agreement) I can’t do so with the criminal check from S. Korea. I sent away for the S. Korean criminal check, but it still hasn’t arrived. I have about a month before my 90 day tourist visa expires. What are my options if this document doesn’t arrive in time? Do I contact the embassy and explain the situation? Or can I file for an extention on the tourist visa until my criminal check arrives in which case I can get my proper work visa? (I have all other documents required minus the Korean criminal check). If I have to leave for 90 days due to the Schengen Agreement, I won’t bother coming back as I will have had broken the university contract mid-semester.
Any insight or advice you can offer will be well appreciated.
I’d contact the embassy and look into getting an extension for the tourist visa. Generally for stays up to 6 months it’s not a problem for US citizens.
Hi Anil,
I have been in Spain, for almost a year. I’ve heard so many things about entering and re-entering I’m not sure what is true. My plan was to go back to the US, I am an American citizen, and then about 3 weeks later come back to Spain.
Not knowing the rules, I admit, but now I’ve created a bit of a life here, so would like to return for awhile longer.
What issues could I face upon trying to re-enter? Would it be smarter to stop in another country first, then re-enter spain?
If I knew a way to get a visa, for an extended say, I would. But, haven’t found a solution for that yet. Any help would be great.
So, been here for almost a year, would like to go back to the states for 3 weeks and then return.
THANKS, in advance.
PS,
I assumed leaving Spain would be the issue and if I left with no worries, arriving back would be like me just arriving for another trip. I guess I’m assuming incorrectly?
You might have problems exiting but especially on re-entry for an overstay of that length. Your best bet is to contact your local Spanish embassy and find out about a long-term (e.g. work, residency, etc.) visa appropriate for your situation. Hope that helps!
Thanks. So, there is a chance the Embassy might work with you, and not order you to leave the country immediately? Thanks for the suggestion
I’m sure there is a process in place for your situation. You can either go it on your own but typically an immigration lawyer will save you time and money in the long run.
Hi there. I have a question. What about overstay 30days free entry period in Taiwan with 3 days /EU passport/? What will be the result? Thanks in advance
I don’t quite get your situation – you want to overstay on an EU passport??
I want to stay 33 days instead of 30 and I just wonder if I can do something before the 30 days free period is over /no visa in my passport, just a stamp for ‘arrived’/ or at least pay the fee before going to the airport. Thanks
You’ll have to check the Taiwanese embassy website to see if they allow extensions or if you can leave for a short border run somehow.
I have no time to do it. In the official site they have no information what really happens if you stay 3 days longer anyway. I just would like to know what will be the result when i arrive at the airport…
According to their embassy website you’ll face a fine. Give your local one a call and they’ll give you details. You could also pay for a 90 day tourist visa.
Hi Anil
I lived in China for over 6 and half yrs,i got my residency in 2003 and since all went smoothly ,i registered a representative office doing and advising on business matters for my mother company based in Africa NIgeria to precise in Guangzhou china..a terrible thing happen i lost my passport in a cab and couldnt trace the cab cos i didnt pick a ticket after alighting form the cab..well i made a police report and i got ,thus i went to my country embassy in Beijing to apply for new passport unfortunately the passport machines was bad so i was refered to our Hong kong consulate with same problem but was able to fix their own machine ,anyway it took my consulate a year after my application to get a new passport.on the long run i got my passport back went to Guangzhou immigration applying for new visa ,all my office had been renew at this moment because without that i couldnt apply for new visa.
On getting to the immigration office my application was recieved and i was aksed to come pick my new residence permit in a week.eventually it turned out to be 2 months before i was called back to recieve my passport …on getting to the immigration office i was arrested and incacerated for a week and 3days then deported to Nigeria on march 5th 2008.
wmy question is this,why would someone with a resident permit over 5yrs lost his passport and made police report and i was to come pick up my ne residency be deported?The officer in charge claimed i have overstayed but i was resident and i believe i shud have my name in the sysytem to show for that…i was expecting a warning .secondly i now live in eurpe with 5yrs resident permit .in the summer of this 2010 i went to pally for chinese visa i coyldnt belive my name poped on the Chinese embassy system that i cant go into china for 5yrs?i really need to be back there i understand the gray matter of the system there,business i do there fetches more income than here in europe,i speak the language fluently , understand the culture though one needs to wriggle his way around.can you advice!i need to be back in china its the place for business now
Your situation is way beyond my expertise and this post covers basic advice about overstays on tourist visas. You are in a much different scenario, sorry I can’t be of more help.
Hi Anil!
I have contracted with a family in Italy to be their au pair/nanny from January to June of 2011. I am an American citizen and have read over the internet that Italy doesn’t allow Americans to be an au pair so many girls go to Italy on just a tourist visa and just stay in Italy the enitre time without traveling to avoid passport checkpoints. I was wondering if it’s a better idea to enroll in a language course so I can try to get a student visa instead? Also, if my application for a student visa is denied, what would happen if I decided to stay the entire 6 months on a tourist visa?
You should check the Italian embassy website for that information or go through an au pair agency; they’ll take care of your visa requirements. It’s better to work with the proper papers than not and you’ll be able to switch hosts if you’re not happy with who you end up with.
Hi Anil!
I’m a US citizen and will be getting EU citizenship (via Greece) in the next 1- 1.5 years (my promised wait time from the embassy). I want to stay in the UK for 6 months without applying for a visa and finding volunteer work in my field of study. Then I would like to stay in another EU country for 3 months as to not overstay the UK rules and then return to the US for another 3. Then return to the UK and hopefully receive my EU passport in this time. Is this possible or am I dreaming?
The time frames you suggest are completely doable in my opinion. Is that what you were asking?
Hi,
I’ve overstayed my Mexican Tourist Visa by about 3 weeks.
I entered by land the last time, but am flying this time.
One friend (Swedish) tried to leave to go to LA for work on Friday, but they wouldn’t leave bc of her FM3 not being renewed. (Though applied for, it was at the immigration office.)
I am American. Another American friend said she used to play cute, but now when they tell her her tourist visa has been stolen they need a police report…which she gets and brings and they let her through.
Any suggestions?
I’m super scared as I plan to return in January…already have my return ticket.
Best bet would be to contact the US consulate for specific advice and if possible try to arrange for a flight back sooner (the shorter the overstay the better).
Hi, im currently in Kuala lumpur, Malaysia and my visa expired last week. I have no way back home anytime soon and i dont know what to do. If i go to the authorities will they renew my visa or send me back to my country (im canadian btw). any suggestions?
Since you’ve already overstayed, talk to your local Canadian embassy for further assistance. Good luck!
I’m Malaysian, My suggestion is fly out to Malaysia to the border ( Thai, Indonesia or Singapore) then fly back as Tourist. I think this will not be a problem. Enjoy your stay.
hi,
i overstay my visa for 4 month, i am from germany married to an american soldier,i need to get back to the us but i am afraid to get send back once i am in the united states airport,we have a son and he has an us passport,of course i will have to do my immigrant papers once i am there.But i do not want to get send back at the airport…so what can i do ?
HELLLLPPPPPPP
Talk to an immigration lawyer. Your situation is well beyond simple tourist visas!
hi,i m from pakistan.i got a student visa for uk.i didnt study there last 5 months.now i m in pakistan and want to apply for new student visa.what are the chances
That has nothing to do with tourist visas, sorry I can’t help.
Hi Anil, I’m an Au Pair in Italy. I was here September-November and returned to the US for the month of December. I came back to Italy in January and my 90 day tourist period expires in April. Is it possible for me to exit the European Union (for example via Morocco) and re-enter the EU without incurring any penalties?
Hi Meredith,
You’d have to be gone for at least 90 days. The EU Schengen visa is valid for 90 days out of every 180. Did you go through an au pair agency? If so, they should have taken care of the visa paperwork for you.
Hi Meredith, I too am an American Au Pair In Italy..my 90days expired this month as well. I went to Craotia..Was stopped at the Slovenian boarder and charged 200Euro for not leaving the EU prior to the 90days. I have yet to receive a clear answer on what is the correct way to handle the situation if one wants to stay more than 90 days…If it is sufficient to leave the Schengan are for a few days and then return into the EU.
hi…..im janita
my brothers visa was expired on 14/02/2011 and hes passport was lost so the passport is in process and he has overstayed for 1 day and he had an accident on 15/02/2011 and he is in hospital so what can we do. we dont have anyone back in our country all of our family is here so plz help me thank you
Talk to your embassy, they should be able to help you out if it was a tourist overstay and your passport stolen. It’s the best place to start, good luck!
hey, i overstayed my tourist visa by 16 months and came back to uk for a family emergency and i’m married to a usa citizen i need to get back to us has my father in law passed away and need to get back to look after my wife is there anyway around getting back? without getting stopped at the airport? thanks
That’s a very long overstay and I’m not sure what would happen at the airport because of it. Technically from what I’ve gleaned, you are subject to an entry ban (assuming you’re a UK citizen). This page has more information:
http://www.visaplace.com/blog-immigration-law/us-visa-news/i-overstayed-by-visa-in-the-usa-how-can-i-now-return-to-the-us/
Good luck,
-Anil
Thanks very much for the reply and the info, I’ll let you know how it goes
Cheers,
Kirk
I overstayed my Schengen visa by 2 days in Italy. I’m an Indian citizen. By the time I leave in 2 days, it will be 4 days total. I’m already ticketed to leave. What will happen? Any help would be appreciated.
– J
Honestly probably nothing; although you may be subject to a fine. Do you have a good reason for the overstay? I’d definitely mention why you did if they ask.
I just couldn’t get any other ticket. 🙁
Thanks for your prompt response!!
Just wanted to update you (and anyone else interested) – nothing happened. The passport control officer just glanced at the visa page, stamped it, and didn’t even say anything. 🙂 Thanks again for your help.
Thanks for following up JJ and glad you got through without any problems!
I am a canadian in France, and I have overstayed my tourist visa by 9 months. I am about to leave in 2 weeks through Paris. What are the consequences? will I never be allowed to return forever? I have been advised by someone to report my passport stolen, as they do not computerise entries and exits in schengen europe, is this a bad idea?I have heard that in the future I can come in through eastern europe without a problem, is that true? My partner is french, and now I am desperately scared that I can never return with him. Please Help
I really can’t say; with a Canadian passport it’s likely you might not face any problems – though a fine or ban from entry is still (legally) possible. (A ban is unlikely though in my opinion.) I wouldn’t recommend reporting your passport as stolen or lying for that matter. Just be honest if they ask you why you overstayed that long.
Next time try to get a longer term visa 😉
If you are really worried, contact your local embassy for further assistance.
Have you left france yet? I am a canadian in a very similar situation. Would like to know what the outcome was.
I am Canadian citizen with a multiple entry visa (5 yrs) in India which expired over 2 years ago. Is there any way I can renew my visa for another 5 yrs?Any lawyers I can talk to? Please help.
Call the Indian embassy to find out, they’ll be able to tell you.
I have recently been approved for my USA Fiancee Visa. My fiance has been here for 6 mos and his passport was not stamped when he entered Canada. What will happen crossing the border, when he returns home with me. I will have all my legal papers.
I cant seem to get an answer any where !!
Best to talk to an immigration lawyer; your question is beyond tourist visas! Sorry I couldn’t be more help…
I know of a Moroccan that his visa expired 5 years ago. It was a tourist visa. His passport has also expired July 2010. He is still in Canada and wants to get married or have a child. A phone call to Canadian Immigration Center has been filed against him for his overstay. What are the chances of him staying in Canada if he gets married or has a child with a Canadian? Will he be deported.
I really cannot say, that’s a very long overstay. It’s best to talk to an immigration lawyer in your case. Sorry I couldn’t be more help.
Do you know if they have exit tracking capabilities in the US yet for tourists on an i-94 visa vaiver?…and does this new finger printing they are doing on entry affect this ?
I’m not sure, though I’d suspect so since they will check entry and upon exit.
I have overstayed in Australia on my students visa (around a month)9 years ago and since then i have never step in to Australia. I have been travelling within Asia (incl Japan) for both leisure and businesses. Now, i plan to visit UK for a vacation, would i have any problem of entering to UK as a tourist (i am from a non-visa required country and never been to UK).
…because of the overstay in Australia? I wouldn’t think so, especially after this much time.
My partner and I are both kiwis and have been offered a 4 month job in Italy by a UK firm. They are telling us not to worry about the Shengen visa restrictions but are not doing anything about them for us or for other employees from the UK.
We are worried that after the 4 months we leave we will be slapped with a fine, banned or deported. We will probably be entering the Shengen through Greece and exiting though a different country too, maybe France or Germany which have separate agreements with NZ.
Or course we understand there is a risk, but is it likely that they would have records that we spent over 90 days in Italy and not spread out over Italy, Germany and France.
Any info would be great.
Any legitimate company would pay for the proper visa. It’s on them, not you; so unless they’re will to take care of it, I wouldn’t put yourself in the position of knowingly overstaying.
Man you are amazingly fast.
That is kinda what we were thinking, but were unsure if we could get away with it by going between countries.
On a side note after reading what you wrote about the Alfa long range wifi I am going to buy the AWUS036NEH 802.11n, they would have come in so handy over the last year of travel.
Cheers
My pleasure and enjoy the Alfa, it will definitely come in handy on your travels 🙂
Hi !!! I had previously overstayed in the netherlands based on my student visa, i havent been notified if i am banned. but for my new job i need to attend business meetings throughout europe but not for longer than a week or two. i left for a trip to indonesia(2months almost) and have to return to amsterdam based on my ticket. i am wondering if i can re enter the country with document/contract from my company for easter weekend before departing to istanbul?? Any positive or negative feedback is welcomed!!!
So you’re working on a student visa? Talk to your company if they know the situation, they’ll best be able to help you get things sorted.
Hia. So I have a bit of a messy situation. I was granted entry to the us from canada. 6 months was the time limit that the patrol officer gave me. I did not apply for any visa. The last month i was in the states i lost my wallet with drivers license, insurance etc for my motorcycle. I returned to canada and came back into the states by train before my “6 months” was up. The officer that came onto the train said that i had 7 days to go get my bike and leave the country. This is an unreasonable amount of time if i had all my paperwork, I am still waiting for the license in the mail. Do you have any suggestions for me……it does not give me much time for any kind of figuring.
I’m confused by your situation; try calling the Canadian embassy in the US.
Hello,
My mother-in-law arrived yesterday 04/26/11 and was only given a month to stay meaning that she has to retunr on 05/26/11. Unfortunately her son my brother-in-law is getting married on 05/28/11… Should she apply for a extended stay for one more week or just leave right after the wedding?
From where to where are you talking about…but yes, apply for an extension. Overstaying knowingly unless in extreme circumstance is not a good idea anywhere.
Hello,
This is a great forum BTW, very informative…
I have a couple of questions…I am a US citizen in the Czech Republic on a tourist Visa, it expires in early May…I met a girl when I was studying here last semester, and I am now back on my TV, working for the program I studied for…the program was unable to get me a visa as they do not have the status to do so in CZ, they are only allowed to help their enrolled students get student visas…anyway, my first question is what will happen if I overstay for just a few days? the reason being I would like to be apart of the final days of the program, helping the students etc. My second question is can I get married on an expired tourist visa? I have been thinking of overstaying as I really love this girl I met and I don’t want to leave her, sappy I know, but i’ve been thinking about it…My third question is if I do overstay, will I have a problem in the future actually gaining legal status? For example, if I have to go to the US for something and I decide to go back to CZ, will I have difficulties going back or actually going through the visa process for legal status? Also, will I have to go back to the US after getting married here, before I can return to CZ, or can I change my status while still here…I really appreciate your advice thank you
On the overstay, you can be subject to a fine on the way out. As for the second question, you’d have to talk to an immigration lawyer to get the facts. As for the third question, I would say it won’t help and may hurt your situation, why overstay when you don’t have to and jeopardize your longer term plans?
Hi Anil,
I have a problem with my Indian visa, it’s expired already (since 12-4-2011) and I’m
still here in Delhi, but I’ve tried to convert my T-visa to X-Visa a month before my
T-visa expired, now my application has been rejected on April 19th, the earliest for me
to get a flight back to Europe is on May 25th.. I got married here 18 months back and me
and my wife have a 9 months old son. I will be granted an exit stamp to leave India
before May 25th from the MHA and FRRO. My question now is; will I be refused another Indian Visa in like 3 months or other countries? Because I need to come back to India in September 2011. Please suggest something as I’m very confused and stressed out now.
Hi Raymond, I really wish I could help but that’s far beyond tourist visa territory. Honestly, the best thing to do would be to talk to an immigration lawyer in India; might be the more expensive path but you’ll get the definite answers you’re looking for.
Hi Anil,
Thank you for your quick responding. I took an agent who tried to extend for me, but after T-visa expiration, they told me it was rejected. They’re telling me that there shouldn’t be no problem, returning to India with X-visa, but I highly doubt this, as others say, that I abused the T-visa restrictions. I will have to come up with something, but thanks a lot for your help!
My pleasure, sorry I couldn’t do more. Best of luck!
Hi Anil,
I just wanted to let you know that I’ve received an extension and permission to leave India on May 25th! I had to pay a fine of R 1395,- and R 1860,- for the extension. There they told me that I wouldn’t encounter any problems coming back to India. I wish you all the best with your website and keep advicing people!
KR,
Raymond
Hi Raymond, glad to hear it and appreciate you following up!
I am an american with a student visa that expires july 30th, i’ll be returning to the us before that and applying for a tourist visa for starting september 1st, is that ok? Also, my tourist visa would expire the end of february, can i stay in france for another 90 days as a tourist, should i leave the shengen zone in february to get restamped?
As an American you can stay (with a standard travel visa) for 90 days out of every 180 in the Schengen. For a longer stay, you need to apply for either an extended tourist visa or some other form that lets you stay longer (in France specifically).
I am going to Germany for around 8 months with all of my expenses paid except for food and gas. I want my girlfriend to come over for about six of those eight months and I know the tourist VISA only allows for a 90 day stay. What is the possibility of of her being able to get a temporary residence VISA once she gets over to Germany that lets her stay longer than 90 days?
She can try applying for a longer term tourist visa at the embassy before heading over there. As for the odds of approval, I can’t really say, but I’m guessing the chances are good.
So I should just call any German embassy here in the states and apply for one? Thanks for your help!
Check their website first so you’ve got a rough idea of what type of visa you’re looking for specifically and then call the nearest one. They should be able to point you in the right direction from there. Good luck!
Hi,
I was studying in Canada and overstayed my visa by 2 and a half months… I am flying home to Australia from the US (LAX) soon and I just wanted to know if my overstay would be grounds for the US border control to deny me access to the states? I have my flight booked and proof of my enrolment in the next semester of uni at home… Would that be enough to prove I do not have any intention of overstaying in the states? Will they even check my visa stamps?
Any advice would be hugely appreciated. I feel like a criminal 🙁 Thanks!!!
An overstay in Canada shouldn’t cause you problems in the US under most circumstances. Although they’ll likely go through the stamps in your passport, they’re generally just concerned about your US travel permissions.
I am a U.S. citizen who had been in Spain for a little over two months and my visa expires at the end of May. I live with my girlfriend and we are currently in the process of getting married. The extension visa wich i would get the day of my appointment with the registry civil is only valid for Spain. My girlfriend has to be in Italy, where she is from, for the month of June. Is there any way that I could go to Italy for June? Can I apply for a visa extension in Italy as well? What would happen if I went over to Italy while I had my spanish visa extension?
I’d consult the Spanish immigration department for more specifics. I’m afraid that’s beyond basic travel visas and I couldn’t provide you a good answer.
Here’s my issue:
I’m an au pair with a signed contract and (I’ve been told) my paperwork is in progress and I have the necessary permissions to stay in Italy. I’m concerned because I have seen no evidence of that, even though my employer (the host family) told me it was taken care of.
I came on good faith. But, we submitted my paperwork in OCTOBER, 3 months before I left the US. It has now been 7 months and still I’ve had no updates on the validity of my permissions to be in Italy for the agreed upon year.
By the time I fly home to visit family I will have overstayed my tourist visa by approximately 2 months.
I’ve called and emailed the consulate in Naples (where I’m located), with no response.
What do I do from here? Will my returning to the US for a week and re-entering Italy be a problem if i don’t have my necessary documentation?
Thanks a million.
It could be a problem, your hosts should have provided you the necessary documents. If you went through an au pair agency, you should definitely contact them.
Hi,I am an italian citizen I was in us from the 23rd of august til the 21st of november,did I overstay my visa? and if so what do i have to do to get back
I plan to go back to us in sep til dec,when i left from the us i came down to mexico to work,i have a regular work permit,do I need to get out of the continent before i can get back or as i live here now it is ok
Off the top of my head, Italians get 90 days in the US. Pop open a calendar and count to find out the answer to your first question; as for the second, is it a US work permit? What specific kind is it?
Hi, I’m a US citizen currently living in Spain. I teach English here and arrived in August, but am under a Short Stay Visa (90 days). My visa expired in November, but I have since applied for and received a Residency card that extends my stay legally until May 31st, 2011. I was wondering if I would be able to travel around the EU for a month or so (no more than 6weeks) past May 31st. I have traveled to Istanbul and Morocco in the past month (non EU countries), and went back to the US in decemeber/January for 3 weeks, and am wondering if these stamps outside of the EU will give me a 90day tourist visa, allowing me to stay and travel. Just wondering if I will reach any issues when I am trying to fly back the US, or along the way while I am traveling within the EU. Any help would be SO appreciated, all the other sites have such conflicting information.
US citizens have 90 days out of every 180 in the Schengen Zone (which includes the EU and a few non-members). I am not sure how the residency card changes your travel situation; you’d need to call the Spanish embassy for your exact situation.
As for flying into the US, you shouldn’t have any problems either way. Hope this helps or at least gets you off to a good start.
Hi Anil,
I am going travelling in south america this summer and have already booked flights. The connection flight is from New York. I overstayed my US 90 day visa by 4 months 6 years ago. Will I have difficulties at US immigration?
Any advice is greatly appreciated!
Hi David,
Is it only a connection? Than you won’t be going through US immigration; there is extremely little chance you’ll have any problems.
The new rules says I do to and I have already purchased my $14 waver visa online which you now have to do before entering the US. It was approved anyway so I am hoping that it will be fine. I know it’s a only a connection flight but you do have to go though immigration and even though I have my connection flight leaving in a few hours and accommodation booked in another country, in theory I suppose I could not get on it and stay in the states, which obviously I am not going to do. If they do refuse me entry then I can wave goodbye to 2 grand and I will totally gutted after planning the trip of a lifetime!
I sincerely doubt you’ll have any problems for the connection. Good luck and have a great trip 🙂
Hey Anil,
Great information on this topic; I’m looking for answers about overstaying in Brazil.
I’m from the U.S., staying in Salvador, Brazil. I planned on renewing my tourist visa but let it go for a week before going to the Federal Police. I thought there would be no problem with doing so as long as I payed the fine for each day I overstayed.
What happened is that I had to pay the fine and received a stamp on my passport that says I have to leave within eight days or I’ll be deported. They also told me that once I leave I won’t be able to come back for six months and that if I stay longer than the eight days I might never be able to come back.
I’m looking for any way around this as I really want to stay longer. I’ve been told off the record by someone who works at the FP that this isn’t as big of a problem as it seems, I can overstay and won’t have trouble coming back as long as I pay the fine.
So my question is, if I stay longer than the eight days I was given, will I ever be able to come back to Brazil? Also, will I have problems with entering other countries because of these stamps on my passport? I can’t get through to the embassy here and the consulate said they don’t deal with these issues.
Any advice would be much appreciated!
Thanks,
Elizabeth
Hi Elizabeth,
I don’t recommend overstaying, especially based on what you’ve been told. The most accurate advice you could get would be through an immigration lawyer and keep trying the embassy. As for the Brazil stamps, they shouldn’t give you trouble anywhere else.
When you knowingly overstay, you put yourself in the position of being at the whim of whomever you meet when reentering the country. You won’t have a valid position to argue and could damage your long term chances of reentry.
ok so I am an italian citizen and i did overstay my us waiver visa of one day,last year ,due to miscalculation,I left the us for mexico, where i actually live and work;
in september ,as it is law season,I’d like to go and stay with friends in the us for 3 months,what do i have to do?
You will need to apply for a visa at the US embassy there since technically you are no longer eligible for the waiver program. That said, for an overstay of 1 day and with a return ticket you might have no problems. It’s then the luck of whoever you get at immigration.
i’ve read somewhere that i need to apply for the visa at the us embassy in my country of origin,but i live in mexico and i can’t go to italy just to apply for a visa,i hope they have some exception..and can i do that with the us consulate instead of the embassy?
Call the local Italian embassy first, they’ll be able to tell you where to go from there or check their website; it may also have the information. Don’t go on hearsay, you might be able to get your visa done from there.
hi Anil,
i have indian passport and i m presently working in dubai for 3 years work permit and i planned to travel poland by 2nd september 2011 and return by 14th september 2011, but the problem is that my workl permit expires on 16th september, can i get schengen visa? or how many days or months before i can travel only?
please help.
Hi Suhail,
I’m a bit confused by your situation; do you need a visa to travel to Poland? If so, I’m not sure how the two would conflict but best bet is to ask the appropriate (Polish or UAE) embassy or immigration department.
Hey i was jus wondering if you overstay your visa in India do they stamp your visa?
I overstayed by 3 days in 2008 due to illness. I have a 5 year visa n am planning on going back for 2 months in June 2011. Will I be oki 2 enter? It’s been 2 and a half years. =)
What do you mean if they stamp your visa? If you’ve already gotten approved for another visa you should be good to go.
My girlfriend and I have been in Australia on a working visa but due to some issues we have only seen Sydney and haven’t been able to get our travelling done. We are from the UK and the Australian Immigration isn’t being much help. Our visa runs out in about 5/6 weeks and we are determined to do our travelling as it’s a once in a lifetime oppertunity for us. What are our options? What would be the punishments if we did overstay our visa? We don’t want to but feel we have little option.
I’d just like to clarify that when I say Immigration isn’t being any help what I mean is that they give us a different story every time we call. It seems like even they don’t know what’s going on.
Overstaying a working visa has different ramifications than doing so on a tourist visa. Their website should have information on extending the visa; have you also tried going to the office in person? That might help you track down the right person easier and get a final option. If all else fails, an hour with an immigration lawyer will be able to get you the answers and forms you need.
When you say “different ramifications” what do you mean? A ban/fine?
We’re only looking for an extra 6 weeks but we are being told that it’s impossible to add a holiday visa onto a working visa and we should have done our travelling in the year we were originally granted. Whilst we accept this surely it shouldn’t be overly complicated for 2 honest people to simply put the money they have earned in this country back into the country by doing the touristy part now.
Another thing is that we are being told it will cost us around 250 dollars each just to apply for the visa and of course that could still be turned down. Is that normal?
It varies from country to country, but it could be a fine, ban, or both. I wonder what would happen if you leave to New Zealand for a few days and come back. You can try asking that; it’s better than knowingly overstaying. Rather put that money in more travel than a fine on the way out of Australia.
As for just about any visa you apply for, payments for rejected visas are rarely refunded. But as is the case with any country, they can put any kind of rules or restrictions they like, no matter how much or little they make sense.
Thanks for your help.
Yeah it seems that Immigration have us by the short and curlys and can pretty much do as they please eh?!
What we have decided to do is go to Bali as we want to go there anyway and reapply for a visitors Visa when we are there and pray that they’ll have us back so we can see more of the country.
It surprises me how difficult it seemed to be for such a simple and honest thing as a small visa extension to be granted though. Surely there must be a way of being a little more flexible?
Thanks again.
im holding phillipines passport and when i went to brasil they stamped me in for just 15days instead of 90days that i normally get,but now i have over stayed up to 10days,can i pay for it at the airport and how much pay day for the fine?thanks pat
Call you embassy there to find out what the implications might be.
i have over stay of 15days in brasil do you if i can pay the fine at airport when departing?
Your embassy in Brazil will be able to tell you with certainty. That’s your best bet at getting the most accurate information.
My husband overstayed his tourist visa here in US.Im wondering if he will be able to fly domestic in US? And will his passport be checked for his overstay?thanks
Maybe and yes.
When my girlfriend leaves Germany for good, she will be past the allotted 90 days. I understand that from this she can face a fine or even a ban. What if she has applied for an extended VISA and has the paperwork to show the immigration officers. Does that help her get out of the country without any problems?
Just having evidence you applied won’t help. She would need an *approved* extended visa.
Anil,
My daughter has the opportunity to stay with her cousins in italy for a year while they are stationed there (US Air Force). However, she has not been able to obtain any extended stay visa from the consulate here in the states. They really don’t seem to be very helpful. Is it possible to apply for an extension from the Italian officials once she is in Italy?
It is possible – though chances are better if you get the visa taken care of ahead of time. Did her Italy visa get denied – what was the problem?
Her visa application wasn’t officially denied, but I don’t believe that they were going to issue it and we ran out of time (she leaves 6/7/11) so we asked the to return her passport. We were trying to get her a temporary residence visa. We beefed up her bank acct to show she had sufficient resources to sustain herself for a year without working and provided a letter and rental agreement from her cousins to show that she had a place to live. They fixated on the fact that she was visiting her cousins who are US military and they wanted her to get a “Mission” visa and from what we understood about it that simply didn’t fit her situation.
I would certainly give it a try in Italy, though it her chances might not be as good. It might even be worth it to apply for an extended 12 month travel visa. Less questions, easier application, and good odds of getting approved.
hi sir
i lost my shengen visa stiker which is expire in 2008.i m already travel italy 3 time.i m give my pasport travel agent when thay give me my pasport one visa stiker is missing.stamps are ok i come pak in time.when i will apply new visa can embassy ask me where is u r expire visa stiker.can i problem with future visa problem..can some one use my expire visa stiker…plz repy me as soon as possible.thax
I don’t think anyone can use an expired visa; at least one torn out of a passport is not something I’ve heard of before. As for your upcoming application, if the lack of a previous visa to show becomes and issue, contact your local Italian embassy.
I´m an american citizen and I came to honduras in 2007 and had a 90 day visa and my visa is now expired since it has been 4 years ago and now I want to leave honduras and go to greece,so my question is what is the penalty or fine imposed on me to leave honduras?
Check their embassy website to find out.
Hello, I am a Canadian citizen, I initially came over to the United States as a tourist on vacation when I was 16, came over July 22nd 2010, they asked me if I wanted to stay in the U.S. and go to high school here I said okay, so they let me in high school all I had to show them was my passport and I resided at a relatives house, now I am 17 about to graduate, and turning 18 in just over a month or two. Thing is when I came over here to the US they just let me through, the person just gave my passport a stamp on one of the pages and wrote in pen “B-2, 6 weeks” is that considered a B-2 visa or no? So now I have to go back to Canada my home country and apply for a F-1 Visa with the US embassy in Canada with my I-20 form correct? What else do I need? Or someone else told me I can go back to Canada airport and reenter just by showing my I-20 form and they will help me there or no that is untrue?
Thanks!
What are you trying to achieve – permanent residence? It seems you’ve certainly overstayed the original 6 week visa which could complicate things.
I am trying to achieve a F-1 Status (visa) so I can attend college in the United States so I can then apply for a SSN once I am able to work on campus.
Sorry, that’s beyond travel visas, I can’t be much help. The US embassy website or a phone call to the one in Canada should give you all the information you need.
Hi all, first thing that I need to make clear, working for the airlines that you will have problems. (API) Advanced passanger info system just went online. What it does is check aganst SIS and other systems in the EU at check in. We have seen first hand accounts, passangers denied boarding passes in the US,on the outbound flights we have seen Immigration officials waiting at passport control with a nice bright color copy of that persons face. If you guys want to stay in Europe longer I suggest go to Germany rent a flat find a school program or job and apply there, its one of the few countries that US,Australian,South Korean,Japan can apply direct have a look at the German embassy site. Below is the rule for API. Cheers guys also one tip for the “overstayed” fly out of Rome!! (still lax) Tip of the day….
Article 104 of the Federal Aliens Law confers authority to the Federal Office for Migration to require commercial airline operators to submit advance passenger information (API data: personal data, information regarding travel documents and the flight) for all Schengen flights. Such data must be provided before departure.
The migration office is currently developing an IT project appropriate for running API data against various databases and making data available to border authorities. The API system introduction is scheduled for 2011. The purpose of this system is to contribute improving border control and help enhance the combat against illegal immigration.
Thanks Alex for this info, is there a good official site you know of to reference for more information?
Hey I am a US who has been on exchange since january in Denmark on a Student Visa. The Visa expires July 15th but I was planning on traveling around Europe until August 15th in a Van with some friends. I have left Denmark to go on another trip at the end of April and got stamps ect showing I was in other EU countries. I was wondering if my 90 in 180 days start after the Visa expires? Also I can plan on being in Morocco July 15th and 16th if that would reset the count or start it over as i would be meeting my original visa requirements. Finally, if I cannot extend my stay legally, what would be the consequences of traveling from spain thru southern france to Italy for a few weeks (probably 2-3) after my visa expires? If i were to book a flight to copenhagen and fly back to the states from there that same day would I be allowed into Denmark and allowed to catch my flight back to the US? Do they check passports at the borders for vans in these countries and would I be allowed entrance or just be stranded in the country I am in when the Visa expires?
Hi JP, unfortunately I don’t know the answer though you should be able to find out by checking the Danish immigration site or giving them a call.
Traveling on an expired Schengen visa can lead to fines or you being denied entry into other countries. The EU is getting more strict about this and even talking about closing some of the open borders between member states. Borders are more lax when entering by land though your passport may still be subject to inspection (hit or miss in my experience).
If i were to be denied to any of the countries would I be deported from the one I am in or just left there stranded to fine my own way home somehow. The US embassy here gave me false information I believe because when I asked about my situation a few months ago they said that my tourist visa 90 in 180 didn’t start until I entered a different schengen area, which would end at the beginning of August. I’m freaking out cause all my flights have been booked and I really don’t have money to change them and I also don’t want to be stranded in Europe when my studies resume in the states late august
You’d likely be left to find your way back out though I’m not sure what the specific process would be across the various countries. Why do you think the US embassy gave you false information? Try confirming it with Danish immigration.
I am currently staying in Italy. I am a US citizen. I have overstayed my tourist visa, but wasn’t stamped when I came into the country. Is it possible for me to have problems when exiting or when I want to come back? Or since there is no stamp is there really no proof that I have overstayed? I am a bit nervous.
They likely scanned your passport upon entry and have a record of your arrival. A fine is still a possibility – how long was the overstay?
Passport scans don’t keep track of flight history. They scan your passport for the no-fly watch list. Anyway, they looked at the passport without scanning it and handed it back to me.
I’m guessing then you won’t have any trouble upon leaving, though if you remember I’d be curious to hear what happens.
My Canada PR Card expire on 27th June. I am not eligible for renewal. I have a ticket out of Canada on 2nd. What shall I do to extend it till 2nd July.
Call your embassy for more information.
It happened due to my oversight that I overstayed my I94 validity date by 5 days in the United States. I immediately returned back to India after I became aware of this.
Kindly let me know if I can travel to the US again using the same visa.
It’s a possibility that you might be denied entry again, though it’s a short overstay.
Well, i hope you are right. Btw your site is cool. I read some of your stuff. What’s your favorite place so far?
I hope so too Erica that it goes smoothly for you.
…my favorite place is really tough to narrow down. I’ll say Boracay in the Philippines in my favorite beach and Istanbul my favorite city, but there are so many more in there!
Hello,
I would like to propose you a situation where I need your help.
My brother who lived in Finland for 2.5yr has moved to Greece for his internship. Now when he was extending his visa in Finland he was advised that Finnish visa will be more than enough to enter and work in Greece. However now he noticed that his visa is expiring in due course and he is in middle of his intensive internship in Greece. Is there an exceptional way for him to get Greece visa from embassy based in Finland via post.
Well beyond travel visas so I can’t offer any good advice. Contact the closest appropriate embassy for more information.
Hi,
I am a Chinese citizen, I have got a 15 days ‘duration of stay’ visa. However when I booked the flights, I found out I couldn’t get any earlier flights, but had to overstay 2 days. There’s no other flights available. What should I do?
P.S. That’s a Schengen visa to Greece.
I would look into getting a visa extension just to be on the safe side.
Hi,i have been living in thailand(Koh Samui & Bangkok) for 2 an half years,i only had a 3 month tourist visa to start with,when that run out i was doing border bounces or visa runs to the malysian border paying small overstays but that only entitled me to 15 days extra each time,so overtime i had built up 6 monthes overstay with whitch i had to pay 20,000 bht,but still only given me 15 days.
This time i have overstay of 7 months.my question is is there another way i can get an extention to my visa or change my visa,and not have to pay as much as the 20,000 bht.wha t options are there.Im from the U.K.?
Why don’t you try to get a resident or long term travel visa?
Hi,tyhanks for your reply.that would be ideal,can i aply for them type’s of visa from within Thailand or do i still have to go back to the U.K,AND HOW MUCH DO YOU THINK IT WILL COST?.WIL I STILL HAVE TO PAY THE OVERSTAY.??
Many thanks
Scott
Call the UK embassy there, they’ll be a good source to start for the initial info.
Yes hi i’m an american and was wondering what would happen if i overstayed in the uk indefinitely? i’m caucasian and i look european. would there be any problems?
You’d be staying illegally in a foreign country; it could easily cause problems, no matter what you look like.
would they come hunt me down like the gestapo? i’m a bit ignorant.
No, that won’t happen. Your biggest problems will be if you try to leave or re-enter; and some other points where you’d cross paths with government bureaucracy.
thanks alot for the help!!
Hi,
I am an Indian citizen living in New zealand. I came here for study in 2008. Now I am overstaying here for nearly 6 weeks.I applied for work visa which got declined on 16 May 2011. And i came to know about it on 18 May when i received my passport. On the same day i went to an Immigration adviser, explained him evrything and told him apply for tourist visa asap. He misguided me, wasted my time and wrote a letter to immigration on 31st May 2011 to reconsider my work visa application for which i was not eligible at all. Then I spoke to another lawyer about my case and she told me to apply for student or tourist visa asap. Then i reapplied for Student Visa on 17 June 2011. Now its been 6 weeks,m waiting for reply. will there be any problem if i apply for canadian visa ? Thanks
I’m very confused by your situation – where did Canada come from? Either way, it’s well beyond travel visas. Sorry I can’t be of any help.
Hi Anil, I am an American and came to France with my fiance (also an American) on a one-year tourist visa that expires on July 7. My now husband came here on a work visa. We got married in the U.S. in December but I did not apply for a change of staus as I was told that I wold have to return to the U.S. to do so (I have received conflicting opinions on that). We are scheduled to move out our apartment in France on July 29 and then need to go to the Netherlands for an event. Do you think I will have trouble 1)getting into the Netherlands and 2)reentering France before returning to the U.S.? I am going to try to get an extension to my visitor visa but the process is daunting, confusing, and not guaranteed to give me an extension. TIA for you help!
It’s possible on the way out of France you could be subject to a fine or not allowed entry into the Netherlands; the likelihood though either or both happening though is anybody’s guess. Getting an extension is the only guarantee.
Thanks for your quick reply. I will let you know if I am able to get the extension.
HI, A friend has to leave the country the 1 of July, that´s the day that his visa expires but he only was able to find a ticket for the 2 of July at 9 am, he´s going back to his country to extend the UK student visa, it will be a problem if he overstay just a few hours ??? He has to pay a fine? when you leave there is not a Migraciones office at the airport, how they are going to know when he leave the country?
Thanks for your help
All of the above is possible.
Anil
I need to know what would happen if I crossed into USA from Canada with my Visa pending at the American Consulate in Montreal.Its going to be about 3 months before my interview can be set. Will this affect my Visa ?I own a home in the states and need to be there for financial reasons.
I hope you can help me out
Julia
You’re applying for permanent residency? It should say on the paperwork whether or not you can enter the US prior; though I’m guessing not.
Yes , for the K1 Visa I believe..where on the paper work would that be found ? Our lawyer has all the info.
One lawyer has said its ok to cross,and our lawyer is saying no, not to try cause it will affect my case if I get red flagged. The other lawyer said that as long as I had proof of reason to come back to Cnanda , then it should not be a problem.
Im scared to try, but I really cant handle waiting anymore . It has been almost a year now.
You lawyer should be able to tell you absolutely whether or not you can leave the country in your present situation. That’s why you pay them that much money; sounds a bit like you’re looking for the answer you want to hear. Get the definite regulations and rules – from there it’s all your decision. Good luck.
I will be visiting a friend in the uk as a first time flyer. from the usa. my visit will be 2 weeks. they? are allowing me to stay with them for free for the two weeks that i’m there. and will provide me with food. and i will have 100 pounds in cash 1000 usd on my debit card and a round trip ticket back. do u see any problems with this? because i’ve heard some people have been sent back for no reason at all. any help would be much appreciated. i’m just very nervous about all this its FEW WEEKS away. thanks again. btw i will have a resent bank statement proving i have 1000$$ stamped by my bank. thank u again!
2 weeks on a tourist visa you won’t almost definitely won’t face any problems upon entry. As a US citizen they’re very unlikely to ask you for bank statements or anything other than the standard, ‘where are you staying’ ‘why are you here’ type questions.
Thank u so much! just one more thing will Travel Insurance better my chances of getting in or will it make no difference?
Nope, it won’t make a difference.
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.
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.
Thank u anil. sorry to pester u. this will be the last time i bother u. !!
It’s not a bother, I hope it all works out for you. Good luck!
Thanks! good luck to u as well!
Hello i’m wondering what immigration will ask me when i arrive for my 2 week holiday in the uk. i’m from the usa.
Hi Steph, I believe they mention it on their US embassy site but it’s usually the basics – why are you visiting, how long are you here, what do you do for a living type questions.
Will being unemployed and not going to school be a problem?
Typically coming from the US and only for a 2 week stay it won’t.
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
You should be fine assuming you have a visa (if you need one), just have your friend’s address handy.
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.
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.
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
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
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
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.
hi,i had 6 months visa to UK and I stayed there for 2 years overdue.im now a US citizen leaving in America but I wish to go back to UK,do not know if it is possible and how can I do to have a stay in UK
My sister and I got a schengen visa thru pilgrimage last year. I declare her as my sister and we applied as family. She’s planning to return and and work using a tourist visa again. I am worried that it might affect my future plan if I want to go back to italy for visit again with my daughter. If ever I return it will be my third visit. Please advise. Thank you
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
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.
I will have overstayed it by about a week after next week. There is nothing I can do about it now because I must remain through next weekend. I only want to know which country is best to fly out of for less chance of penalty? I had a German residence that expired last year, but now I live in Turkey? I read that Italy and France are countries that may not penalize me. But if I DO manage to get out without a fine, should I ALWAYS fly back into the EU through those countries? I am in Hamburg now, go to Berlin this weekend, and then from there I don’t know whether to take a car to Paris and fly out, OR fly out from a city in Italy.
Where are you from?
Chances are going to another country to avoid a fine will be the equivalent of the fine in travel costs; and you don’t guarantee not being fined or potentially facing a ban. Leave as you had planned (hopefully as soon as possible) and if you’re asked about it at passport control be honest and say you screwed up. A direct answer might get you around a fine depending on the officer you happen to get.
Hi,
Thanks for answering. I am American and have (or had) lived in Germany for 7 years until last year. My residence permit is now expired, and to put it bluntly, I am black and Germans are not the most accommodating to people that look like me. I have had bad experiences with officials there before and I am leaning towards flying out of Warsaw or Italy because of that.
I understand where you’re coming from; just do a cost comparison (what the potential total fine is vs the costs of traveling to another departure point). It’s often the luck of the officer you get and how hard of a time they give they person in front of you. (Usually they speed up when someone right before you takes a longer time – good for you upon exit.)
I hope though you’ll keep in touch and let me know what you decide and how it goes.
Best of luck,
-Anil
Hola,
I am leaning towards flying out of Warsaw as of now. If I maange to get out unscathed and I want to return to EU (after a few months, of course), should I always fly into a country other than Germany or Switzerland? And if there is a fine, how much IS it? And how long would I have to pay it off? I am scared I will get a 3 year band and that would be detrimental to me!
It will help as passport control tends to look at stamps from their home country – but it’s just a tendency. Technically in the Schengen Zone it doesn’t matter; to find out the specific penalties for each country on their embassy websites. The information is usually buried in there.
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?
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.
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…
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.
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.
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.
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?
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).
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?
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.
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.
I have no idea, you situation is way beyond tourist visas.
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
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.
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.
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!
Hi Anil, thank you very much for your reply, cheers! Sally.
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?
Are you going through an au pair agency? If so, give them a call to find out.
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 ?
Technically it is not allowed but don’t take my word for it, check the US immigration website.
If the person over stays with his/her visiting visa will he/she be sent immediately back to his/her native country without any inquiry or harm ? As far as I know people who enter Europe and when caught after over staying they aren’t sent back 🙂
The two aren’t mutually exclusive, best to check specifics.
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
Tough situation and I feel for you but can’t be of much help. Best of luck…
Too late for suggestions but just wanted to say, if you are on the up and up then you could’ve contacted your embassy. I’m rather surprised you were let in on a one way ticket. Anyhoo. Your embassy might’ve arranged a loan in form of a one way ticket back home. One girl I met told me she was stuck in Singapore so she went the her embassy and they helped her out. She paid back her loan by paying in monthly installments.
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
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.
Thank you, much appreciated.
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?
I’m not sure, this thread is about overstaying general travel visas. Check out the Indian immigration website for more information.
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… 🙂
Always great to hear stories like that, glad you didn’t have to face any fines or additional trouble.
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
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!
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
Hi Charlotte, I’m not sure at all. Did they assess you a fine upon leaving? What does the documentation say?
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?
I’m not sure, that’s beyond tourist visas. As far as a travel visa, you only get 90 days out of every 180.
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
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!
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!
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 🙂
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.
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.
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?
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.
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?
Contact the Dutch embassy to find out.
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.
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.
Hi Anil,
Do you know where I can check if I am in SIS system or not?
Hi Han, sorry I do not.
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?
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).
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.
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.
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.
I’m not sure honestly and your best bet is to call the office where you received the visa for the most accurate information.
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!
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.
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.
Call the numbers on the forms for more information for specific information.
Just by curiosity, how much was the fine, Rafael?
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
Is there any way you can go to the closest embassy?
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?
I’m honestly not sure; I would keep trying the embassy for more accurate information.
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 ?
You may face a fine and potential ban on the way out in Canada.
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.
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
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.
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?
Potential fine and or ban of several years.
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
It’s much harder for them to blow you off in person 🙂 Good luck!
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?
Call the appropriate embassy and find out what kind of visa you need.
Thank you.
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!!
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.
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
Talk to an immigration lawyer, as it’s well beyond travel visas.
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?
Simply apply for an extended travel visa, it’s the easiest solution in your case.
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!
No exit stamp, only an entry? When was the next stamp in the passport? That could backup a good explanation next time she goes through the US 🙂
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?
They weren’t able to tell you at the NTIO?
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?
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.
Hi Anil,
I have a question. if overstay in Europe countries before you live the officer who work in the airport will ask you to sign some ducoments or inform you about overstay is that true
It depends really on the overstay, country, and the officer who you happen to get upon exit. Nothing may happen, or you could face a fine and potential ban.
I overstay in Netherlands, and I try to find out everything even called the consulate, but the consulate just told me I am lucky, because I did not get any penalty or any written report from the immigration. they dont talk to me about fine or anything, so do you think is really I am lucky. I really doubt about that, because I bought ticket again in 24 Oct, because I need to visit my wife and her father ( her father just got cancel everywhere in his body ), but I do not get any correct information about my overstay, so I can only go there to find out and you think I can get any problems. I do not care face a fine I just worry to be ban, so any idea
Honestly I can’t be of more accurate help; perhaps someone in this thread will have more information. Much of it though depends on the immigration officer you come across at passport control.
What if I overstay just one night/day?
Overstay where?
I have bought the tickets to go visit for a weekend (friday to sunday) in Prague (Czech Republic) and I thought that my visa expires on sunday but actually it does expire on saturday.
You think I will have problems?
Anil?
Got to give me a day or two to respond, I’m traveling full time 😉 I don’t think you’ll have problems on a one day overstay. It’s possible but extremely unlikely.
My friend visited the U.S. and overstayed his visa by 5 months. He is from Jordan, and he left on his own. Will he be able to come back to the U.S.? How long will he have to stay away before he is allowed to reapply for a new visa?
Technically no from what I understand and I believe the period is 5 years but it’s all on the US INS official site. Check there for the latest.
Hola,
I (think I) overstayed my tourist visa by about 10 days a couple of months ago in the EU. How long should I stay out of the EU before I can safely return? And also, when I go back, are there countries that are safer to fly back into? I would like to go back in a couple of months, but I am not even sure how they count the days or IF they did. I flew out of Latvia back to Istanbul with no problems.
Check the embassy website for the country you overstayed in. They’ll have immigration and overstay details there.
if i overstay my 6 month tourist visa in mexico by a couple of months what are the likely implications, i checked all the official sites and it says nothing likewise in the immigration office thewy tell you nothing, just stand in a line for a form!! Thanks
Have you checked their immigration site? Otherwise, contact your own embassy locally in Mexico, they should be able to tell you.
some help you were!
Sometimes you’ve got to help yourself.
hi!
I’ve already been almost 30 days in EU as a tourist, I would like to stay more time just for travelling, like 15 days more, do u think it will be a big problem if I overstay just 15 days? or what can u advise me to do??
Thank u a lot of!
Don’t knowingly overstay if you can avoid it, just apply for a longer term travel visa.
If a UK citizen was to go to the US with a visitors visa and Overstay or “Go into Hiding” what would happen? Or how long would they have to do so before they can apply for a Green Card based on there duration of stay and be approved?
Thanks,
James.
That’s a complicated question and a bit beyond the scope of the post and my knowledge. But, you’re much better off applying before arriving in the US; otherwise the process is much more involved (and potentially likely not to go in your favor).
I see what you are saying. The reason I ask is because a friend of mine has done this and she said that if you stay in hiding for 5 years you are eligible for a Green Card. However, she overstayed for 3 years and got a Green Card. It’s all so very confusing! But I am very keen to move to the US but gaining entry “legally” seems so impossible!
James.
The US process is extremely complicated and it seems so unnecessarily so. You *may* be able to get a Green Card that way but say you need to back to the UK for some reason after 2 years, then it would be extremely difficult to attempt to get a legitimate residency in the US after that. Do you have any employment opportunities there? Having a company do the paperwork and process for you can be much easier and cheaper.
Dont know if this is true please enlight me! if a U.S. citizen over stay in the U.K. for over 5 months, is it true that they charge them over $4000.00 p0unds as a fee in order to get this visa to stay? other wise they will put them in jail for 2 years?
I have no idea, contact your embassy.
Hmmm… This is true! I don’t no. However, the biggest trick in the book is on arrival in the US do a very risky thing and “dispose” of your passport. Deportation without that can be extremely hard for them to do without your original passport, its the same here in the UK because they then have to prove to a country that this person who is in no form credible is a citizen of theirs, you can understand the country’s denial LOL!
I’ve had a look around and there is no easy way to get a Green Card, I don’t mind that, I do mind the fact that when I say “easy” I mean “possible”, I’m rather stuck on where to turn and I can’t find a company that is genuinely credible and that works to help, it’s not exactly like I can ask the British US Embassy, I’ll be doing it as they transfer me to the interrogation room Haha!
Many thanks,
James.
Best of luck with whichever process you end up choosing James.
-Anil
Oh Anil, I forgot to mention. I’ve friend requested you on Foursquare!
James.
Cool! Will add you there now..
I have over stayed my france schengen welcome as i am a canadian citizen i don’t need a visa to enter just an entry sta^p. my old passport expired and i got it renewed and now i am trying to leave france to go back home. Well the actual overstay was not my fault i have applied for residency permit here in france but they sent me appontment late i have applied in may and they replied me in august for an appointment given to me for the 28th september. I am totaly broke i had to borrow cash from friends to buy a one way ticket do you think i will have a problem leaving france? are french passport control strict? my passport is fresh and unstamped as i have renewed it. can some one give me any advice
It depends on the officer you get at passport control.
About 5 or 6 years ago I accidentally stayed 93 days in USA instead of 90, as I totally lost track of time. When I tried to enter the US a year ago, I was deported and told it would be on my record forever until the day I die. Is this true, was the border guard just having a really terrible day? Is there any way to stop this affecting me if I want to visit the USA now, or when I am 90 and barely able to walk? Will I still be considered a threat to them in 2070? I am totally confused by this
Additional information I forgot to say, I am a UK citizen. I have no job here, and currently no university etc, so I am sure they will see me as having no ties, and for some reason wanting to stay there due to my overstay of 3 days followed by going back to the UK of my own accord.
Are you trying to visit again as a tourist? Call the American embassy for the latest accurate information.
My understanding is that if you have – ever – overstayed on a US visa waiver then you will not be readmitted under the visa waiver program. This doesn’t mean you can’t go to the US, though, just that you will need to go down to the US embassy and apply for a visa – which you should still be able to get, although they might give you a rather hard time about it.
If you go to the US government ESTA site (https://esta.cbp.dhs.gov/esta/) and enter your details it will let you know very quickly if you are flagged or not.
Hi anil,
i am an american in prague and my tourist visa just expired a week ago. Im living here in prague now and have been trying to find a job teaching english but many employers ask me how long ive been in the country my bf came up with this plan ( to lie about my stay here in prague and tell them i went to egypt and was not stamped) and i am supposed to repeat this lie to officials as well in the case that i am given a work contract i know they will ask for some kind of proof like a flight ticket but again i am going to say that i dont have it and make up some other kind of lie that a family member bought the ticket for me and i just dont have the copies or whatever. Im really not sure this is going to work but my bf tells me that alot of places arent equipped with passport stamping and its not my fault (in theory) that i was not stamped and hope that works what do you think? what kind of trouble will i run into when i finally go back to the us in a year or so
That’s a lot of lies and risk for multiple entries. If you’ve overstayed on any re-EU entry you face a potential fine and/or ban. The chances of it happening though are difficult to say but certainly your chances go up the more times you repeat.
G’day my gfriend accidentally overstayed her visa by 2 months, she just lost track of time.
She left Australia yesterday and was told she had overstayed. She said he was all nice and cool about it but she already has flights to come back next week, so my gfriend has applied for another visa today, but the guy never told her she was banned or anything like that at all so how do u know ur banned do they verbally tell u ur banned before u leave or does it just happen?
They should tell you but you’ll definitely find out during the visa process. If that goes OK, generally there won’t be a problem.
Hello Anil,
A friend and I are living in Paris (We’re from the US and came without visas, only travlers visa) and he’s been here for about 5 months now, which is obviously over the 3 month limit, he’s a bit scared to go home and I don’t think it would be a good idea to fly out from France, what should he do? or more importantly where should he fly out from?
As for me, I have about a month left before I pass the 3 month limit, I don’t intend on leaving before then.. so to give myself some extra time.. or “leeway” I guess.. more like prevent some issues in the future, should I just book a weekend trip to London to get a stamp or Norway or some non-Schengen country? Any advice?
Thanks a lot,
Chris
Hi Chris,
Personally I don’t think it’s worth the added money to try and fly out from somewhere else. Take your chances from France otherwise you might go to Berlin and then still end up paying a fine on top of the money you paid to get to Germany.
As for you, leaving for a weekend won’t do much good technically; it’s never a good idea to overstay by hopping around only costs added money and puts your passport under added scrutiny.
Good luck.
Hey Anil,
Thanks for the response.
One last thing, throughout my year (after my tourist visa expires) I should be good travelling by train to all the other Schengen countries, since they never check passports right? I have a few plans after the new year to go to Spain and Norway by train, but should I worry about travelling by train?
Thanks again,
Chris
You’re welcome.
It’s not a guarantee (they can check passports technically and may choose to do so if there’s some security prompt for it) but chances you won’t be checked crossing Schengen borders is pretty good. Shouldn’t be a problem.
Hi Anil,
Is it mandatory to surrender Indian pp after getting foreign citizenship ?
That is what I have heard but *please* check with the appropriate government website to confirm.
Hi , im 18 years old an american citizen living in Greece for 2 years ( without papers) even though I have a full greek name . anyway , I am going to Sweden in some days , my passport has no stamps of entry , Will I have any problems entering sweden ? I will only stay for 20 days .
I’m not sure to be honest. They may not even check your passport; though you are well over the Schengen visa term and if anyone inquires, you could be facing a fine or deportation.
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?
No, it depends on your citizenship. It could be 72 hours or up to 3 months, do you have enough time to apply for an extended travel visa?
I am an Australian. My visa runs out on the 7th of November.
Check the INS website, I think it may be 72 hours.
iv overstayed in de uk.now i wanna apply for new zealand student visa. wil its give me a problem.pls help
I have no idea, not much information to go on. Look through the New Zealand immigration information.
Hi ,
I had not checked my visa for 30 days ( schengen) and had validity of 17 days . oversight dodn’t see the no of days and am going out on the 20th day .. will that be a issue ,
Indian passport holder ,
Regards
Amit
Just mised to add – In madrid ( Spain ) buiness visa !!
It shouldn’t be for the short overstay, but you could be subject to the penalties for an overstay. Odds are in your favor however…
thanks that gives me a lot of comfort !! will update the forum soon .
Cool, good luck!
Hi Anil ,
Thanks again !!
I got out without any isssues rather the guy didn’t even once look @ me after taking my passport !!
I am not sure if if put it via any reader or not but he did stamp it ” Out date ”
I have another question for you ” Will it be issue to apply again for a new Visa to be back , I also have to soon apply for a work permit in Madrid ” .
Will my error cost me ?
Really look forward to your reply
– Amit
Hi Amit, glad to hear it 🙂
As for the new visa, it probably won’t be an issue. The chances are pretty small, especially if you’re going on a business visa. Good luck!
Just an update and to help all here i have got my buiness visa again for multiple entries of 2 … Thanks Anil u been great help !!
Glad to hear it! Thanks for following up, I appreciate that.
Hello.. I stayed in Hawaii last year for nine months. I can back to can last June and have been here working here ever since. I want to go on a trip to Maine with my girlfriend in a couple weeks. When I returned to Canada through vancouver my passport was not stamped. I’m I going to have trouble re entering the u.s?
You may as the US has your entry/exit details.
hi, i have a uk student visa that expires at feb 2012. on august 2011 i left UK for holiday in France and never went back to UK. my tourist visa here in France has alos expired.my only interest is if ever i am going to re enter UK in future will there be any problem for me as I left UK before i finished my study….and more importantly there is no exit stamp from UK in my passport as i entered france via bus….plz help
I’m confused by your situation – what country are you a citizen of?
i am from NEPAL. i am currently overstaying my french tourist visa, and i have a uk student visa as well. if I manage to go back to my country….and one day try to get any sort of UK or EU visa…..whta will be the technical difficulty.am i going to have problem globally with my passport ?
You might have a problem for the Schengen zone.
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..
Yes, but you had a visa – was that ever stamped? Your passport will be stamped when leaving France – you’re in the Schengen area so entry and departure can occur across borders:
http://en.wikipedia.org/wiki/Schengen_Area
What does your student visa say will happen for abuse of the visa?
gotta check…what it says….hope to hear more from you..thks a lot
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.
Why are you going to overstay? You needed to get the extended visa; try calling the British Embassy to see if there’s any other way.
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?
I can’t say for sure but wouldn’t risk it. You can check the paperwork to see what it says but if the penalty is being unapproved you may not want to.
thanks!
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
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..
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.
Hello Anil,
my flight date is 21 May and my Visa stamp starting date is 22 May. I am in doubt if immigration will allow me to board my flight ?
They’ll likely let you board it’s immigration at landing that might be a problem. Why would you book a day before your visa begins? Good luck.
U dont have to wait another 3 months to go back woth student visa… U can go back as soon as u get it
It also does not matter if u leave before tourist visa expires.. U can leave when u want to
(Replies to Christian above – just to be clear.)
Thanks Anil and Judysaad, I really appreciate it!
Hi!
My American boyfriend is coming and living with me in Barcelona for 3 months on a tourist visa, but wants to stay maybe an extra month in Europe, could we take a week to Marocco and re enter and he would then get another 3 months or how does it work if you know?
Thanks tua
Hi Tua, for US citizens it’s 90 days out of every 180. He must apply for a longer visa, otherwise leave for 3 months at a time.
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.
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.
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
It may cause problems but it’s not very likely.
Hi Anil
I have a friend who is worried sick, she overstayed her visa by 9 years but wants to return home to the UK in the coming months , but does not want to be penalised because her family including her dad all reside in the US legally, she wants to apply properly from the uk the next time. her passport is expired by 5 years so she needs to renew…my question is this, if she sends in her passport for renewal at the UK embassy in the US, do they(uk embassy) typically report the over stay to the us authorities or indicate it on the new passport and can she do this without having to buy a plane ticket at the time of application.
Hi James,
I’m not sure if they’d report it, it depends on the agreement between the US and UK. I think your situation may warrant talking to an immigration lawyer – or at least calling the embassy to find out.
Hi,
I am on a tourist visa in USA . I have been stamped till 27 Dec 2011 . I am leaving on a flight to Europe on 27 Dec . Is that going to affect my Tourist visa for re entry in USA?
Is it legal to leave USA on the last day I was stamped?
Please advise I would appreciate any answer ?
Does the stamp say ‘good through’ or ‘good until’ – along those lines?
Hi Cristian Recinos,I live in San Francisco, and I m european.
?
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!!!!
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.
Hi anil
i was engaged to be married and went to the usa with a tourist visa after 5mths my fiance disappeared and i was scared ,leaving everything home in my country and thinking i could start over with him he leaves . so then i decided to get a job and then he comes back into my life and we stayed together for awhile and then i realized that he wasnt going to marry me and here i already had over stayed my visa . i continued to stay in the usa for 6 yrs total and decided to go home. is it possible for me to apply again for a tourist visa just to visit or do you think its a waste of time?
It’s possible but I can’t say what the odds are of being approved or rejected. The only way to find out is to try.
Thanks very much ,you have been helpful:)
Hello Anil
I came to the states last year, i really don’t remember how long back already, but i have been overstaying my tourist visa some 9 to 12 months, wanted to know when starts the adventure, when i am trying to get on the plane they say for how long i can’t come to the states and they just let me on the place, or when i want to come back to the states???
And does it make any difference if i fly back to Europe or to Japan??
You could find out upon exiting – but if you don’t, the best way to test the waters is to apply for a travel visa prior to going back to the US.
As for where you’re going, it doesn’t matter.
It seem to me ,Anil your answer are not so good.they will let you go ,but probably you will get banned from 3 to 10 years.Doesn t make difference ,because they can see any flight your are departing in Usa,try to go in Mexico walkin or by bus,someone told about it,perhaps you can fly from there!!!Bye
Are you responding to ‘WorldTravler’ above?
how many days should I return to my home country before the visa expires?
What are you referencing?
Hi Anil,
Am looking for some help!
I am Australian who is working in the UK under the Working Holiday Visa program. My employer would like to send me to France to work and as she believes, I can stay more than 90 days in a six month period (given that I will be paying UK National Insurance and will be employed as any other EU national), though I am a little more concerned. I worked in France last year with a Schengen Visa, so there was no problem.
Thus far, I will be spending more than 90 days. I fly in and out of Geneva.
In all the years of travelling throughout Europe and into the UK, I’ve never had my passport scrutinised, however on the off chance they notice my entry stamps and realise I’ve spent more than 90 days in a 6 month period, what will happen? I have no potential plans to return to the EU/Schengen Zone until August next year.
I’ve been in contact with UK Border Office, both the French and Swiss Customs but no one is able to give me a clear answer, they just keep passing me on 🙁
Thanks!
Why not have your employer get a long term visa for you?
Hi Anil…
I have a friend in the us… they overstayed their tourist visa several years ago and continue to be in the US. They now wish to leave the US but want to return in the future. Over the past years they lost their original passport but have subsequently received a new one. So, the original tourist visa is not stated on the new passport…..Would they be able to leave, marry a Uk citizen (they are not British), change her name to her new marriage name, apply for a new passport in the uk and then reenter the US in the future? Effectively entering the US with a British passport under another name?…They did take her finger print when she entered but I have a feeling that back then it was only done for criminal activity as opposed to immigration…would be interested in hearing what you think..
The longer the overstay the less likely your friend will be granted a return visa. The best way to find out is to per-apply from the UK before trying to go back to the US.
Hello, My friend is staying in USA since 5 year with his brother and she goes on tourist Visa for 6 months which is expired and his brother file the case of it. now she is working ?? my question is. Is it possible to stay on tourist visa ??
It’s possible, but illegal to work on the tourist visa and overstay.
Hi Anil,
I know someone who is staying in the US for nearly two decades. He initially went as a tourist; continued staying after the visa was over and only recently managed to get the temporary work permit under the deferred action rule that was made.
He wants to move to India to get married to a girl who has been in the US multiple times in and out for studying as well as a tourist. She never over stayed as well. If this guy wants to move to India now; what are the chances he can go back on a tourist visa may be for a holiday in the future?
It depends on what (if any) actions are taken against him upon exit at US passport control.
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?
Are you going through one of the main au pair agencies?
I am an Au Pair in Spain right now and have spoken to many American & Canadian Au Pairs in Spain who are here without visas because you cannot get a working visa as an Au Pair. Everyone has told me not worry, including the family I’m living with and a friend who is a police officer. After your 90 days are up just avoid, trouble with the law and leaving the Schengen Area and travel only by bus and train since border crossings don’t exist by these modes of transport.
I will actually be leaving in December before my 90 days are up for the holidays and want to come back in January before my 90 days out of the country are refreshed.
Anil do you know anything about re-entering the Schengen area before your 180 day period? When I entered the EU through Copenhagen in September my passport wasn’t even looked at. I had just been in Europe two months previous. I am just afraid to buy a return flight for January.
It depends, you may be rejected you may not be. Some countries are more strict and others aren’t. Though to clarify, the major au pair companies do handles visas (actually the work must be done by the family) so while it’s more expensive, you wouldn’t have this issue.
Hi my chinese girlfriend overstayed her tourist visa for nearly 2 years now and we have a child together can she be kicked out of the UK and can she apply to stay here permanently?
Thank you .
That’s way beyond travel visas, I wish I could help you. Given your circumstances it might be best to talk to an immigration lawyer.
Hi – not done anything yet but potentially about to… Need advice! I’ve been round so many websites and understand the various situations in regards to US Immigration if you have a VISA… but what about Visa-Free? I’m a UK Citizen, and have Visa-Free status and have visited the US twice and not overstayed. The last stay was for 88/90 days, so I’m aware that this might be questioned on return, but I’ve still done nothing wrong of course – I left within 90 days. Anyway… I was reading James’ comments above, and I’m sort of looking for the same answers but of course, about being Visa-Free. It scares me enough about what may/may not happen after 90 days, but from what I understand, certainly not for a while, nothing will happen. People do get caught though, and it can because you made just a simple mistake. Get deported and you face a 10 YEAR BAN… But from what I understand about Visa-Free, unlike with a Visa, if you get caught you’re not entitled to a deportation hearing? Is that ANY way round this? Entering Visa-Free you apparently waive your legal rights. What – completly? What if you married a citizen? There are subclauses for this if you have an expired Visa – but is it still ‘no rights, get out NOW’ even if married but caught overstayed Visa-Free? What about if you have children? I’m in a guenuine relationship with a US citizen but we wouldn’t be able to get married for at least a year. In the mean time I’m planning to return to the US and be with him and just… stay… And obviously try to keep my head down. And then we get married and, whilst difficult, if you once had a Visa, you can still apply to stay and even potentially get a green-card. But seeing as I never had a Visa would it still not matter? Marriage isn’t always binding for immigration, but surely children would be? If I got caught 5 years down the line and we were married with 2 children – like I said, this is a guenuine relationship, and I hate even having to think like this… – would they still deny me a hearing? Still just boot me out and ban me? Rip apart our family for 10 years? I have no criminal record, have ‘moral character’ and my only ‘crime’ would be overstaying. All this helps support deportation and bans if you originally had a Visa… but Visa-Free…? Sorry for [very!] long post! Remember that I am currently in the UK and have done nothing wrong. I’m not eligble for any kind of Visa, not even Tourist B2 (if I was, I wouldn’t be in this situation…) as few ties and no money. And even this Visa is still hard to get, even with good status, and obviously wipes your Visa-Free status if denied… So no Visa. Waiting to return to the US for a year is not an option – for many reasons. I dread the thought I must marry a complete stranger within my 90 days to have a chance here… but can’t see many other options? Short or especially long-term. Any replies and help would be SO appreciated!
Lou, invest in a good immigration lawyer. A few hours will give you accurate information for your specific situation.
Hi there,
I see that most are your answers are to questions regarding North American and European visas…what do you know about China. I am a Canadian with a one year business visa, multiple entry but onlly allowed 90 days per visit. I have to do visa runs and have one upcoming this weekend. My flight preferences will have me leaving on the 91st day, do you know if I will run into any problems?
Thanks
Honestly not much; though if you’re business visa was done by a company you work for, I would ping them to find out.
I had a 12-month Chinese “F” visa with a 30-day limit on each stay, and on the only occasion I overstayed by a couple of days all that happened was that I was given a little lecture about the importance of keeping track of these things – no fine and nothing stamped in my passport.
The local public security bureau can also give you an extension of stay – but one thing to watch out for is that they will want a copy of your residence registration form; if you are staying at a hotel, they will have filed it for you and you can ask them for a copy – if you have your own apartment then it’s your responsibility to register, and if (like a lot of people) you never got around to doing so, it might be a problem.
Hey Anil, I made a pretty silly mistake. I’m from the UK and travelling to the US next week, I am going for the full 90 day allowance, but in my haste I overlooked the last day of the trip taking it to 91 days, which is outside the allowance of the VWP.
I’m hoping one day won’t be a big deal, but now I am unsure if there are any forms I will have to fill in or what. I’m also wondering if the airport would run through that with me or if it’s something I’ll have to try and sort out this coming week.
Lastly, my ESTA expires about 10 days after I leave. I have no problem buying another (though admittedly I am nervous about not being accepted, as my flight is already paid for) but I did some reading and got mixed feedback on whether or not that will be an issue.
On one hand, I read that the ESTA is only required to *enter* the US, but on the other hand I read that it needs to be valid for the entire duration of my trip.
Any help? I over think things, and I don’t want to have any problems.
Technically the 1 day can cause problems but realistically I don’t think you’ll have an issue on the way out. As for the ESTA the safest course of action is to renew before the return trip to the US.
Do you have any idea if there is a process I can do to get a proper tourist visa in a week? I couldn’t get down to London for the whole interview thing even if they rushed it.
I’m not sure if the airport will help me out. Thanks for the reply by the way, very much appreciated.
I’m not sure honestly but I don’t believe so. Call the embassy and see if there’s a rush 2-3 day process but timing would be very tight if that’s even possible.
Ahh.. Even if they could fit me in, I couldn’t make it in that time. I live about 6 hours north of London and don’t really have the money to take a train down there and buy a visa.
I did get my ESTA renewed and approved, so that’s one problem less.
Just hoping now that I don’t run into any bother for the sake of 1 day, it was a genuine mistake, but my plane ticket is non-changeable.
I do have a return ticket so hopefully that will go in my favor, just paranoid as heck that either I’ll get turned away or it will come back to bite me on future visits. 🙁
Hopefully it doesn’t cause you any problems, good luck! And if you remember, I would be interested to hear how it goes after your trip.
hi Anil,
I am a South African citizen and was currently living in Spain for the last year. Originally I applied for a Schengen visa to have holiday but applied for Recidensia Permit after a month to stay longer and have 1 year holiday in spain, and I received it. But now after a year I decided I want to go home now. do you think I will have any problems on the airport. What should I do? I am planning to go in January and have a connection flight from Valencia to Zurich and then to South Africa. What should I expect? Can you help me.
I’m not sure; depends on the requirements of your residency permit. Contact the office you applied from for the most accurate information.
Hello Anil, I originally applied for a student visa in the US for 10 months, but they gave me a 3-month temporary visa and (very nonchalantly) told me to go to the Spanish immigration center to extend it for the remaining 7 months. My visa expired on Nov. 25 and a week before I went to the office in order to renew it only to find out I needed a TON of materials and an appointment that would not occur until next June! The problem is that I have decided to leave for good back to the US in December (One month overstay, and wanted to know if I’ll have any problem getting back home. Thanks!
Getting home won’t be a problem, but you could face a fine or be banned from re-entry for a period. How likely either or both will happen, I can’t say; but the shorter the overstay the better.
I traved to the France for visit .And i over stayed my visa . I now have an offer to study in france ,i am not sure if i will get a student visa bse i tried to apply for a vistors visa and i wa denied on grounds of over stay .Do u think it wil be the same case with the study permit?
I really can’t say; you’ll probably have to apply to find out with certainty.
Am a married woman from ghana, i have over stay my visa for 2months now. i did that with a reason. i tolk a holiday together with my husband and his kid. i never wanted to go anywhere with him when ever he is going on a holiday for the past 6yrs of marrage.i suggested a holiday to denmark just after his trip from the us. i am a second wife to him and am dieing with it. i run away from him the very fist day we got to denmark and from there i conseder my marrage over. now i dont know what to do. both parent at home has now accepted is over. to me that is the best thing ever happend to me for the past 5yrs.
my other problem is, i have now meet my dream man in norway,i dont want to lose him, what do i do.
I’m honestly completely confused by your situation but it’s well beyond travel visas. Sorry I can’t help.
I am from Australia and travelled to Japan on a tourist visa. I accidentially overstayed 1 day after i booked my flights in a 3 month period whereas the visa was issued for 90 days. I didnt even think about 3 months not being the same as 90 days.. therefore accidentially overstaying 1 day. Now i am suffering. I had to pay 4000yen and i am not allowed back into Japan for a year.. Such a harsh punishment. I have no idea how to clear this mess up. Just warn people to be overly vigilant of your visas.
Thanks for sharing Courtney and sorry to hear about your situation. A year ban is a tough punishment for a day over but at least not too terribly long.
A friend has been studying in Belgium. He overstayed his visa, and has been taken into a detention center for illegal immigrants. He is a United States citizen who originally immigrated to the U.S., legally, from Africa. There are a lot of Africans and Eastern Europeans in the detention center.
He is not trying to immigrate there. Guess it looked that way to somebody, though.
Any recommendations? Is it possible I can pay a fine for his overstay, show proof of his return ticket, and spring him so he can come back on his own accord… without being detained longer and deported?
Have your friend contact the US embassy for the best information. Good luck.
This is all very helpful, but I have one quick question:
I am currently in the Czech Republic, and sending my passport back the US to apply for a Work Visa. All should go well, I have all the documentation needed, so I can’t imagine why I would be denied. The problem is that in the time it takes to get a visa, I will have overstayed my 90 days in the Schengen Nation by about 3 months.
Will it be a problem exiting/entering the country again, since I will enventually get my passport sent back to me with a current Visa??
Thanks for your time and help!
Ask the embassy there in the Czech Republic, there may be an extension of your current visa while the other one is being processed. That is often the case with work visas, a call should get that confirmed or not. Good luck!
Hi I’m a New Zealander in my 50’s and I came to Italy last year as a tourist and left within the required 90 days, then I returned to NZ for 6 months.. Now I’m here again under the tourist visa but this has expired on 10 December. When I was here last year I went to an Italian immigration lawyer who for all of this year is applying for a visa for autonomous work for me.
Since I returned to Italy I have been obtaining the necessary documents, financial etc from New Zealand. The lawyer tells me it will take probably 1 year to 16 months to obtain the autonomous work visa.
The lawyer and his associate have told me I can stay on in Italy during this time without too much worry, to find some work where I’m paid in the hand and that the worst that can happen is that I would be asked to leave, if I had some run in with the authorities that is. I have paid already him about 480 Euros.
Now I am in ‘overstay’ I don’t feel good and have conflicting advice from the girl who is renting the apartment where I live telling me I won’t be allowed back in.
The lawyer told me that the law has changed and I can’t be arrested at the airport or even in the city I think they need a judges permission. They say that because I’m from New Zealand, have evidence that I can support myself that this would not be a problem. They told me that if I have to go out, I just go for a few days and then come straight back in.. but I’m worried that when I re-enter there will be a problem.
I see on the Swiss Embassy site that if you’re a NZ citizen you can go to Switzerland for up to 90 days regardless of how long you have been in the other Schengen countries, so I have thought to go to England and then back to Switzerland, but I think I would have to stay out of Italy the 90 days.
I really don’t know if I should take the advice from this immigration lawyer (who is supposed to be an expert).
Should I try to leave immediately? I have a ticket back to Australia but once I used it I won’t be able to afford to return to Europe again. Any advice?
I would deal directly with the lawyer and consider getting a second opinion for your specific situation. Good luck.
Many thanks, I will see him again. Will let you know what happens
Hi!
My brother-in-law is visiting for the holiday and he has booked a ticket with a return date 6 months from his arrival. I know under the visa waiver he can only stay 90 days. Will he have any issues with customs on arrival that his itinerary will show a 6 month return?
Thank you!
What countries?
Also, without even knowing that, he might face trouble since he’s breaking the allowed stay duration.
His is an Italian national, EU citizen, living in Finland. He is traveling from Finland to visit us here in the US. He wants to stay for a while but I have maxed his stay at the 90 days becuause my husband is currently completing his I-751 and I dont want anything to jeopardize that either.
I wouldn’t overstay if I were him then, especially given the circumstances.
I agree. So should I ask him to change his return date to one within the 90 days before arrival to customs?
That’s the safest route; but check with the embassy that entry at all is ok during the I-751 process.
Thanks Anil! Very helpful information.
You’re welcome and best of luck.
I am suppose to get out of USA on my last day of the stamp 27 Dec 2011 I am flying out on the same day I am stamped on my I94″ Until 27 Dec 2011″. Is this considered overstaying?
I am on a 6 month multiple entry visa and that is the day they stamped me on my I 94
I would appreciate an answer .
Thank YOu
Technically yes, it’s overstaying.
im a u.s. citizen in the philippines visiting my family for 3 months (nov.27,2011-march 7,2012). This is my first international trip and i didnt know the visa expires after 3 weeks. i am 5 days past the visa, and christmas is here so i will have to wait for the holidays to pass to call/inquire. wheni arrived in the phillipines in nov. the man that stamped my visa even said “your staying until march?” and i replued with “yes”. but my visa expired dec.18,2011. what should i do?!! will i get in trouble?
Hi i am srilankan citizen. i came to india by visiting visa. i want to stay in india only. how to get indian citizenship. i plan to marry after 2 years only.if i over stay in india what will happen.is any possibilities is there to stay in india. plz i need a solution. help me plz.
Hello Anil,
Not sure if you can help me, but my husband came into the US from Canada. He has been here almost 2 years now as we have been married now for a year. We were going to try to get his papers here in the US but have now decided to move to Canada. If we go to Canada how can we avoid him being banned from the US for 10 years because he overstayed? If I go to Canada with him, can I apply for his adjustment of status while there? Any help would be greatly appreciated 🙂
As a side note, when my husband came into the states he had a valid passport and went through border patrol but they did not issue him an I-94 card, he has never been given one, can he go home to canada and re-enter the states through customs and sort of start over?
I would talk to an immigration lawyer so you can avoid any ban as the process can be confusing and any errors in the paperwork could do the same; even if there is a fix for your situation.
Since he did not recieve an i-94 card and no stamp on his passport do they really even know he is here? so to speak.
The stamps in his passport will show the entry/exit dates.
He doesn’t have a stamp because he didn’t fly and didn’t go through customs he just went through border control. There is nothing on his passport at all. They did scan it but they did nothing else.
I wouldn’t risk it, especially since the passport has been scanned.
Good Morning Anil,
I wanted to let you know that we made it here to Canada. We had no problems what so ever going through border control. They ask the usual questions, why are you here, how long you will be staying. They simply looked at my passport and my husbands scanned it and handing it back and allowed us in. I was expecting questions about why my husband took so long to get back in, but his mother said that the canadian border and the us don’t really talk to each other but that will be changing in the next few years.
My big concern is that we are going back to the states to visit family, and I want my husband to come with me as well. What can I expect to happen? If the worst case scenario is that they deny him entry, what will happen to us? Will we be detained, if so for how long? Would I be banned to come back to Canada?
Thank you for your help!
I honestly can’t say; it’s possible he may be denied entry, but the more time passes the less likely is that someone will notice in the passport. Under normal circumstances there wouldn’t be a detention, you’d just have to pay for your flight back out.
An Italian friend of mine want me to visit him in Italy, what does my friend has to do in the acquiring of a visa for me here in Ghana?
You friend has to do nothing as far and I know. You need to apply for the visa – check your Italian embassy online.
Hi Anil,
I am wondering if bad debt can keep you from getting a passport. I went through a divorce and a bankruptcy and my credit is really messed up. I have 2 judgments against me, one is coming out of my work check (voluntary) and the other we are about to pay off. I have a default student loan(through no fault of mine, it was in deferment due to hardship and they let it slip through the cracks) and I am paying on it too, for almost a year now. Will these keep me from getting a passport? Do you have to provide a Social Security number when you apply if you have your birth certificate and photo id?
Thank you for anything you can add to this.
US passport?
Yes it is for a US Passport I live in the states 🙂
Debt shouldn’t prevent you from getting a passport (though for visas to foreign countries it *can* be an issue). You need to give a social security number and photo id – you can now apply online. It’s the easiest way and will give you all the requirements there 🙂
I just wanted to reply to the earlier question. I went and got a same day passport and had no trouble. Thank you Anil!
Glad to hear it, thanks for following up!
I am an American and I was just in France for 92 days without a visa (so technically overstayed by 2 days). I was/am participating in a church related “school” of sorts there, and was supposed to be spending the next three months on “outreach” in a different country, so I assumed I would not need a visa at all to participate in the school. However, due to a change of plans, we are now scheduled to be in France (a different part of France, but still France). I tried applying for a visa in order to be “legal” for the next three months, but they said that I could apply for a visa, but according to the law, I have to wait 90 days before going back to France, so they said it was unlikely that the visa would be approved. I got my passport back in the mail today and there was a stamp in it that said, “consulat general de France a San Francisco, Visa requested on___”(it gave the date) and that was it, nothing else in the passport or envelope (I assume that means it was denied??). I will have been back in the states for 18 days when I try to re-enter France. My passport was not stamped when I re-entered the states a couple weeks ago, so it seems to me that the fact that I was just there for 3 months would not be readily apparent, but will that stamp from the consulate (assuming it’s a denial) cause problems? I already have my flight booked and I would be there another 72 days, so not overstaying the 90 day rule, but overstaying the 90 within 180 day rule… what am I risking? What do you advise?
It’s possible you’ll have problems and I would try to get a legitimate visa as best you can. That said your chance of having trouble on entry or exiting is about 50/50. It depends on the person who scrutinizes your passport in the end.
I tried to get a legitimate visa and they were mad at me when I applied because I had already been there three months, it doesn’t make sense to me. There’s nothing to warn you that you may have trouble getting a visa to return right away just because you were just there… I had no idea I would have trouble getting a visa until I talked to them…
what of a 33 day overstay from thailand can one get a visa again?
Where are you from?
I am a Canadian citizen, I went to the united states in 2007 with a tourist visa and overstayed for 2 years I left in May 2009, I never got deported during my stay in the united states I left voluntarily back to Canada and I had not problems at the border. My question is I’m planning to go back to the United States to visit family just for a week it will be 3 years since I have left. Will I encounter problems at the border? What can of advice can you give me before heading to the United States? Will I have to pay a fine before going to the United States? any help would be greatly appreciated.
Thank you
i also forgot to mention that i just re-newed my passport would that still show my overstay in the United States?
You *might* have problems but I don’t think you’ll get a fine upon entry (more likely you would just be denied entry.) And although your passport is new; technically your entry records are available to border control – chances they’ll check anything though are low.
Aside from getting a visa prior to visiting the US, there’s no way to ensure you won’t have problems.
Hi i just know that i over stay 2 days only with my visa automatically cancelled.my fiancee is australian nationality and i am indonesian. we will get marry in Australia very soon. Is it possible to get visa again?
I’m confused by your situation but it seems outside the scope of travel visas any way.
i was visit Australia with tourist visa which is 1 year but 3 month each i have to go out from Australia.so on my second visit i overstay for 2 days. is it possible to get visa again?
I’m really not sure, check with your local embassy.
My girlfriend from indonesia has a multiple entry visa which has a validility of a year and 3 months stay each time she arrives,recently she overstayed by 2 days due to her flight ticket being booked from a airline agency from 24 sept to 26 dec.Is this the issuing ticket agencies job to make sure when they book airline tickets that they meet the customers visa conditions??
after all this seems unfair to penalise the customers rights to enter the country if they were to have no visa issued again!
It is your responsibility, nobody else’s.
im planning a uk trip in april im from australia and im 27 years old.just wondering if there is a way of extending a ‘visit’ trip to the uk for up to 8 months without worrying about getting a visa. can i apply in the uk once im there or would it be better to arrange it hear in australia.should i need to apply for a ‘working holiday visa’ for 12 months or do u think theres is a little leniency to overstay by 2 months on a ‘visit’ to the uk?.
If you want an extended travel visa, apply from Australia. You won’t have enough time in the process to do it from the UK and it might not be allowed except under special circumstances.
hi. my girlfriend came here to the us on a b2 visa. she is currently attending public school now. and she has overstayed her visa for some years. i kno thats really bad but im confused on how shes able to be in school with an expired visa. she is 17. she lives in texas right now but she wamts to come live with me in new york. we have plans to get married soon in the future, posibly sooner if we need. but we are afraid of legal problems. i wanna kno what we should do. she doesnt wanna go back to mexico to deal with the consulate. is there any way we can fix this so she can stay here?
Talk to a lawyer – that’s way beyond common tourist visa issues.
I’m a US citizen planning on traveling through the UK and Europe while my boyfriend works in the UK for one year. I will be staying with him in the UK throughout that year, but traveling in and out of the UK every few months. I’m not planning on applying for a visa but just showing up and saying that I’m going to be traveling for 6 months per my US passport. Will I run into trouble if I try to travel in and out of the UK after the 6 month period granted by my US passport? When do those 6 months reset – is it per year (Jan to Dec) or for the year beginning when my travels begin (ex: arrive in Feb, must leave by August, when could I return to the UK?) Thanks so much for this resource!
You can be denied entry if you stay longer than 6 months. You can find out more here:
http://www.ukba.homeoffice.gov.uk/visas-immigration/do-you-need-a-visa/
I have organised to go to Paris to study for a few months.I am booked and enrolled. Unfortunately I made the decision to do this quite late and it is not possible to get my student visa in time. The course only runs for 102 days and without the visa I am obviously only allowed to be there for 90 days -therefor I would be there for about 2 weeks over the limit. I spoke to someone at the school who said I should not worry – that it was unlikely to be a problem. I have been trying to do some research to find out what the worst thing is that could happen if I overstay. Could I be fined and if so how much? Could I be banned from re-entering France/Europe and for if so for how long? Also is it possible that I could get a criminal record for something like this?
Really appreciate some advice!
Where are you from?
You can call the French embassy to find out all of the penalties.
I am from Australia – It is hard for me to call as I am at work during there opening hours!
hi there i am a uk citizen and last year on may26 i traveled to visit my family in the states on the visa waiver thing for 90days. upon my arrival to the states the officer told me i had to leave by the 24 of august and on my itinery i was due to leave on 26august. So i stayed for the 90 days and went to baltimore imigration to talk to one of the advisors and they said i will be ok since i only stayed for two days and also since tht was the day on my itinery. i am planing on going again this summer and i was wondering if this will be a problem as i left on the 26th instead of 24 of august.
Any advice will be appreciated. thanx
Possibly but not very likely.
Hi Aneil . I overstayed my tourist visa for many years . I live in US .i didn’t go back to my country . I want to visit another state in the US by airplane . Will that be a problem at the airport if I travel with my paspoort or will it raise a flag and get deported ?
I don’t think so, they’ll only use your passport for identification purposes but I’m not entirely certain.
Hello all,
I am a Canadian citizen and am in South Africa on a visa for charitable activities. I asked the South African consulate in Toronto if there was an issue if I left a few days after my visa expired and they said there is a generally a leeway of a few days for something to leave the country. I have contacted them again to get this in writing as my South African colleagues said this might be an issue.
They now refuse to acknowledge that anyone in the office told me this and said I must go to Home Affairs to get a confirmation. My visa expires on Jan. 15 and I leave on Jan. 16… ONE day! Is this going to be an issue? I’ve had some terrible luck with authorities here and the last thing I want to happen is to be pressured into a bribe at the airport.
It *could* be an issue but at this point there’s not much you can do about it. Hopefully you get a kind official at passport control.
Hi,
Its June 15,2012 today.
So, what did happen when you left one day late?
I cannot find the visa price for my 18 yr old daughter to volunteer in the USA for over 90 days (approx 122 days). Does anyone know the cost and which category it is ??
many thanks
Call your local embassy.
hi..good evening.im from Philippines but now im here in paris but i’ve just want to go home now in the Philippines but my visa is expired for almost 6 months but my passport until 2015 and i dont have papers.What will i do to go home now because someone said to me that when i go to the immigration there will be so many question about my visa because i went to vienna coming here in paris by train.and someone said to me that pulis will take me and then my lagage,my shoulder bag and my few money they will take it and i dont have nothing to bring to go back home..pppppplllllsssss…….help me pls……im afraid so much….
You’ll likely face a penalty on the way out and potential ban.
I have a friend she is a US citizen and she overstayed her tourist visa for about a year. She traveled the Europe and went back to US from Switzerland a couple of days a ago. On the airport she was pulled a side and asked why she overstayed of course she knows nothing about the laws in Europe and EU. So the officales on the airport told her what she actually did and of course she got scared and start crying, now she didn’t get fined and she was not banned she kind of got of with a warning i guess. But the thing is that in that year of travelling the Europe she actully left the Schengen borders so she technically left the Schengen but she was never stammped because those people sometimes stamp you sometimes not and she never asked for a stamp because like I said she didn’t know that is a importent thing she just thought she can’t stay in one country more then 90 days and now there is no proof that she actually never overstayed. She wants to come back in switzerland in a couple of weeks but because of the laws in Europe she was told she has to stay outside of Schengen for more then 3 months. Is there any way she could go back in couple of weeks without any problems or is that only possible after this 3 month period? is her name in some kind of border computer now? was her passport maybe in some way scanned and put on some warning intruder list?
MANY THANKS
If she was told she can return after 3 months, I would go with that. If there were a ban or anything similar, she’d be given some documentation and her passport marked.
i apply as tourist visa for 90 days to visit a friend schengen visa but accidentally i find a job there. posible for me to stay? i mean how to become legal in that place for example in germany? they will hire me as direc hire.
i am from philippines
No, you can’t work on a tourist visa. Talk to the place you’re working or get the proper visa before staying.
i mean its possible to work for visa in germanny already? i mean can i get proper visa already in germany?
Not for a Germany company no; as for the second question I don’t know.
i am an Marocan I went to the uk in 2003 with a tourist visa and and overstayed for 4 years, and in 2008 i left voluntary back to my country .and now i am us citizen… My question is I’m planning to go back to the uk to visit family just for a weeks it will be almost 4 years since I have left. Will I encounter problems at the border? What can of advice can you give me before heading to the UK ? Will I have to apply for clearance visa to the UK. Any advice will be appreciated. thanx
It’s possible but the chances you’ll face problems are very slim. They’ll likely ask if you’ve been to the UK before; it’s a question you should be prepared for.
My wife and I are in Spain. She is here with a student visa and I have overstayed my 90 day tourist visa (mea-culpa). What can we expect as we leave for our return to the U.S. in May? I qualify in every way for either a retirement visa or the Spanish “non-lucrative visa” and have most of the paperwork to prove it…should I just show up at the airport and hope for the best of make an attempt from here in Spain to atleast begin a visa process of some kind? I’m willing to pay a fine but would like to avoid any long-term ban…thanks for your help and informative web-site…John
I believe you cannot apply for the residence visa (if that’s what you’re looking for) from inside Spain, but call the US embassy to double check. May is still 4 months away so you’ll have a long overstay increasing the chances of a fine and/or ban of some length. Once you overstay, there’s no definite way to avoid either. At that point it becomes a matter of luck and depends quite a bit on the official checking your documents at passport control on the way out.
Thanks for your prompt reply! As of today, and in your opinion, what are the most the most “sympathetic” airports of departure in the E.U. for someone in my circumstance? Also, on an unrelated note, are there “border checks” between say, Spain and France, France and Italy, and Switzerland where I would have to show my visa (which, with some scrutinization (sp.) would reveal my aforementioned overstay) ? once again, thanks for your reply, John
It’s hard to say. Typically not leaving from the country of your overstay helps and southern Schengen nations tend to be less diligent; but it varies greatly so there are no guarantees.
Also, there aren’t usually border checks between Schengen member states but it happens rarely. Chances are your passport won’t be looked at when you travel across a border within the Schengen Zone. Here’s a recent article I wrote that might have more information you’re looking for as well:
http://foxnomad.com/2012/01/27/what-is-the-schengen-zone-and-how-do-schengen-area-visas-work/
Okay, so I in Spain with my Tarjeta de Identidad Extranjera (green card) right now, but it expires at the end of May. I really want to travel around Europe for 2 and a half weeks after it expires before heading home to the US. I hear that in Spain, they usually give you about a 2 week leeway on this, but I’m curious to see if I’ll have any problems going between the other countries in this time (Ireland, Italy and Germany). I will have left the Schengen territories within a period of 3 months before this (for a weekend).
I’m not sure honestly, I would call the office that issued your visa documents.
Hi there,
I’ve been researching this a lot recently as I’m also in Spain. From what I’ve read, avoid Germany and Switzerland at all costs. And there’s a good chance that the UK won’t allow you to enter. Italy should be fine, however.
I am traveling in the UK from the US visiting and have been stamped for 6 months in my passport. Am I able to leave the UK to travel to other countries and come back to the UK or will I be denied entrance back to the UK once I leave?
It depends on the specific visa tier you’re in but generally yes. Here are some links where you can find the answer or appropriate contact:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html#entry_requirements
I’m technically not on a visa. I’m just stamped as a general visitor. The only statement that I can find says you can come to the uk if you can prove: you are not in transit to a country outside the ‘Common Travel Area’ (Ireland, the UK, the Isle of Man and the Channel Islands).
I’m not sure I understand your answer, you said yes but do you mean that I will be able to leave and come back or yes, I will be denied at the border.
Thank you very much for your insight and time!
Am an American leaving the schengen but have stayed 3 days extra 90/93. Leaving on the 3rd day of overstay. Any problems?
Potentially, it depends on the officer you come across at passport control.
I will surely report back to give any feedback as to what happened(92hrs from now). Thanks writing back.
With regards.
Hi- just wondering what ended up happening to you with your situation? 🙂
Reporting back as promised. I left Poland and made my transit in Germany. I got to Munich Airport immigration. I looked at all the officers faces and i prejudged almost all of them before approaching. Some seemed serious than others. I got to this immigration officer then smiled, said good morning and he replied as well. I gave him my passport, he looked at the dates and just put the stamp in it. “Thank you” i said and that was it. No stress and or hassle. It all depends of the officer as i was told. Some pay more attention than others. The longer you over stay, the more they will pay attention to you.
Am glad that i was not in trouble. Good luck to all who have overstayed like i did. The passport you are holding also is a big factor believe it or not.
Once again reporting back as promised. Let me know if you want to know more (extras)
hey there!
Loving right now that I found this. I have overstayed a couple of weeks after being given the wrong information by my agent at home. IM going to follw what you did and hope for the best.
Fingers crossed 🙂
Hey im really in need of any advice anybody please…
Im a australian Citizen and originally came to the US on a 90day visa waiver, i overstayed my visa and never returned home, stupid i know i thought my family over here could file me, but was wrong because i have no immediate family only aunts and uncles. I wish to reside in the US and wondering Im willing to hire a lawyer and pay all the fees and fill forms out but is there any chance of me at least getting a green card ????????????????????????
Any comments or reply would be helpful 🙁
The only person that can give you an accurate answer is an immigration lawyer; but yes, there is a chance.
There is no chance since you broke the law already , it wold have been wiser to have departed the US before your 90 days expired and come back again to get a fresh 90 days then take care of you immigration matters …
Peter, that is inaccurate. There is a chance and a process for such cases.
Hi Adriana, im in the same sort of position as you are atm. Any word?
hey, okay heres the problem with me.. i am 14 years old and i want to become a pilot. thing is when i was 3 my parents took me to the US. ok yeah maybe overstaying a few days or weeks or even months would have been ok.. but no, we overstayed 8 years.. now i know the penality is like 1 year for the first 6 months overstayed and then 5 years for evey year after.. if i did my maths correctly that means i wouldnt be allowed back in to the US for about 40 or so years. i cant wait 40 years to become a pilot.. i recently read an article in the local papers about a girl that had the same problem, and she actually ttried to reenter the US after so many years later. i never heard what happened afterwards, but i dont want to be front page because of a mistake i didnt make.. also is there some kinda exception since i am (and was) a minor, and was taken against my own will? any who please help i miss the US very very veery very very much and want to go back..
When do you want to go back, and for what purpose (e.g. work, vacation, etc.)?
i wanna go back asap, maybe for the summer or sometime nex year for vacation.. sorry about the late reply.. found this message in my junk mail> 🙁
The best path is probably to apply for a long term visa.
you think that there is a chance they would approve it ?
I don’t know what the chances are unfortunately; a lawyer could tell you with more certainty.
hmmmm, ok i will tell my mom… i was thinking to do this.. m birth certificate has no name on it.. so if i my mom changes my name, swear affidavit. and because i need a new machine readable passport, go get one with my new name, apply for the visa with the new name.. would that work? i know it sounds shady and bad but do you think that’ll work? btw i live in trinidad and tobago
I’m not sure if it would work and not sure if that’s even legal. Also, it’s a huge and expensive risk if it doesn’t work.
i overstayed my visa in the U.s 2 years, went back to aus about a year ago, just went for an ESTA and got approved. whats the go with that? will they let me in?
The ESTA is not a guarantee of entry nor a visa. It’s a pre-approval. If you are worried about entry into the US, you can apply for a travel visa at the embassy prior to your arrival.
how will they figure out the difference? i got a new passport over there and nothing was stamped on my way out. no one said anything to me on entry to aus or leaving the states, i am married to an american with the marriage accepted by them.
They didn’t stamp your passport? That is unusual; though likely it’s been entered into their computer system. It’s not too difficult for them to know really.
it was late at night when i left and the guy just breezed over it pretty much took it off me then really didnt even look at it and handed it back, i was stressing thinking i was gonna go through all this stuff but nope nothing happened..
i was blown away.
as i travel alot.
got ESTA yesturday wanna go back today.. waiting on visa stuff will this hurt my case?
thanks for your assistance..
You want to return to the US today? Then you can take the risk. Otherwise, if you have time it might be worth considering the visa application; though that takes weeks.
i m looking at another 12 months of visa stuff if i wanna see my wife over there again..
what do they do to you if they do catch you?
Possible fine and/or ban. In your case it seems like a long-term visa is a logical path. Good luck.
how big of a fine are we talking?
sorry to hit you with all this, but your replying and i have questions, thanks.
and wouldnt i already be banned?
You’re lucky, you caught me at a good time today 😉
http://foxnomad.com/2012/02/03/im-taking-my-first-vacation-see-you-in-two-weeks/
The fines vary and exact figures aren’t posted. I believe it’s $250 and up. As for the ban, you can be denied entry upon arrival and then levied the fine and banned. It is difficult to say for sure since there are no cut and dry practices with this process (that are public anyway). It depends on the passport control officer you come across. You could have no problems, you could have some. If you’ll be going in and out of the US often though for the foreseeable future, a long term visa is your safest bet.
hopefully their nice ones i come across.
thanks mate.
i see you said public, what are the non public ones? i wont tell anyone.. 😛
Haha, I wish I knew! Good luck 🙂
i ll just try late at night.. or early in the morning..
I am a student at UCLA and I am doing research on immagration. I can’t seem to find an answer to a particular question. Perhaps I can ask you. If 2 people from the same family of the same address in their foreign country enters the US on visitor visas and one over stays without extending his visa but the other did extend his his. If the one who legally extend his visa leaves and return to the US, will he he questioned since both people shared the same foreign address on the passorts?
Questioned? Possibly.
For other details a good place to call would be the CBP (US Customs and Border Protection).
passports dont have addresses, trick question..
Passports don’t but visas for many nations often require them.
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
Talk to an immigration lawyer, you situation is much more complex than a simple travel visa overstay.
okay ive been talking it over and over with my partner and his mom
and ive comfirmed that if there was a problem with the fact i overstayed then i would of been deported straight away and had to stay away before i could return to actually live here.
The only thing im not aloud to do is get marrid i need a stamp from the place i was born
which i can obtain through teh british embasy or i could simpley travle back and get one
And i defonatly remember being told that when i got the paper with my bsn number
its just i got so scared from watching a tv program >.<
also i have a interview for a job which is also good news so i wont have to go back to england anyway
sorry for bothering you and thank you for the fast responce
i useually over react with these things :/
No problem and happy to hear you’ve got things sorted.
if you are aUS citizen and you wanna fly to turkey can you go over the schengen country.even though you can not enter the schengen because you maxed out your tourist visa stay
Go over? As in layover in a city on your way? So long was you don’t go past passport control in the airport you’re not technically entering the Schengen so it won’t be a problem.
jeah,jeah like connected flight i mean. could there be problems on entering turkey. i mean because i overstayed my tourist schengen visa by a lot like a year almost, i mean im still waiting for a fine so i dont know im i gonna be banned or not they just told me ill get fined for sure, but said ill probably be able to enter schengen in thre months-probably. and now i planning on flying to turkey,
thanks a lot for you help
I recently returned from an overstay in the USA. I returned voluntarily but my overstay was 6 years. I have a partner and a very loving relationship which includes a child that I would like to return home to. I am an Australian citizen with a valid passport. I am getting conflicting responses from my lawyer as to whether I can return to the US. Can someone advise if a)I will be imposed a ban because of my overstay and if so how long?b)How can I get back to the US the right way?
I would suggest getting a second opinion from another immigration lawyer who specializes in the US. Your partner can likely find someone who may be qualified in the US as well which can help. You’ve got a lot on the line not worth risking on taking a chance you might not get caught on reentry since both a fine and ban are possible.
I did not mention that I am in a same sex relationship. My partner is coming to australia with our child for summer vacation in June. We are fixing to have a committment ceremony whilst we are in Sydney and the marriage celebrant has said that even though the australian government doesnt recognise same sex marriage yet, we can still register our ceremony on the marriage register. Do you think this will help in getting me home at some point?
Not in the US as the federal government doesn’t recognize same sex marriage; though some states do, off the top of my head not a single one will let you apply for a green card based on a same sex marriage. I would suggest talking to a lawyer from the state you’re looking to reside in to double check and see what the options are.
Hi anil
I am a pakistani citizen came to srilankan on visit visa.I am actually working here for huawei and they apply for resident visa/work visa for me here in srilanka.My intial visit visa expired one and half month ago and now i am being refused to given resident/work visa.What should i do now as my initial visit visa is already expired 1.5 months ago.
Hi Syed, I wish I knew more about the specifics of such a situation. I would ask your employer to inquire further about an appeal process. Hopefully things get worked out, good luck.
My fiance has over stayed his tourist visa by about 7 or 8 years. We have been together nearly 3 years and have a 2 year daughter. Is there anyway of making things right? We both live in the UK.
Possibly; an immigration lawyer could tell you for certain.
Hi Anil,
This is Han and I am Taiwan citizen. I married to my wife in Netherland next year July and she is Dutch and my question is if I want to live in Netherland then I need to pass an exam. last year August I went back to my country to have a dutch exam, but I did not pass after I went back to Netherland. this year end of January I went back to Taiwan and try to have dutch exam again and end of April I back to Netherland. I worry if I can’t pass the exam again, so if I still not pass do you have any idea that I can stay longer ( more than 3 months )? I don’t want to 3 months in Netherland and 3 month in Taiwan. if you have any idea. thank you
You can try applying for a long-stay (1 year visa) but that would only be a temporary fix.
Anil, thanks for the reply. you sure in Netherlands there have a long-stay visa ( 1 year ) without exam? because I tried to talk IND and lawyer and both them dont talk about long-stay visa only say the only way I want to stay longer is pass exam, so if like you say I can trying to apply long-stay visa then it is a great news for me, because I get enough time to learn dutch there ( of course without going to school ).
I’m not sure, each country has their own specific requirements. Also, the long stay visa is only 1 year typically, so you’d still have to apply for residency after the year as far as I know. That said, I’m not an expert on this topic or your situation; try getting a second opinion from another lawyer to see what other options may be available to you. That way you can get the most accurate information. Best of luck.
Anil, thanks again for the reply.
If I want to have long-stay visa in Netherlands then I still need to pass the exam which I did already and will do again in March, because my wife talk to IND in Netherlands and officer say so.. if I know Netherlands is so difficult country then I am not choose to live there. I live there is because my wife ^^… anyway Anil thank you for help.
Best of luck Han, I hope it all works out.
I’m from the US, currently in Spain on a 6-month student visa to attend a language immersion program. It expired in February, but I’m still attending classes (I purchased more weeks of classes than what was initially paid for to get my visa). I don’t plan to return to the US until June. My dilemma is that I’m looking to possibly do this auxiliar-type program to teach English in Madrid this September, so I would need to get a year-long student visa back in Chicago once I get home. How will this overstay affect me?
I’m not sure; maybe you can talk with the school to see if they can give you any assistance in your case. That’s probably the best place to start if you haven’t done so yet.
Hi I’m from N’Ireland and 14years ago I overstayed my US holiday visa by 6months, stupid thing to do, I know that now…But I went home of my own will. Now I want to take my family on a package holiday to Disney world but never thought about the overstayed visa when I was booking it:(, Would I get stopped when I get to the airport on the other side? or would they let me and my family take our holiday? can someone please help me as I am worried sick.x
There may be a statue of limitations; dig through this site, it may have the information you’re looking for:
http://travel.state.gov/visa/
Hi i’m a British/NZ citizen and hold passports for both countries, from 2007 till 2009 (just over 2 years) i overstayed my tourist visa on my British passport. On leaving my passport wasn’t stamped and after checking in, clearing security and waiting at the gate i even changed my mind about departing and was allowed back through security and into the main airport, i could have freely left the area.
That was three years ago. I would like to know if the ban i’m facing is for 10 years or possibly life? I never worked illegally, lived off my life savings and have no criminal record, buy im sure this makes no difference to a possible life ban.
Later this year i am visiting Canada and am wanting to cross the US border to see where i stand. My NZ passport has been approved for a ESTA and i will be travelling on that passport the entire time. My main concern is this, if i am currently facing a 10 year ban (now 7 years) if i try to enter could i then have that reset to 10 again or worse face a life ban, and also, will my refusal of entry amount to a deportation in which case i may have trouble in the future entering any other country including Canada where i now have family.
Any advice would be kindly appreciated!
Regards
Are you a citizen of England? You can’t overstay then, although I’m not sure how using the other passport would affect the situation. Am I understanding your situation correctly?
Please could you help me with a situation i am in involving the overstaying of my visa.
I travelled to USA from UK – last year (I am a British citizen).
I had a 90 day tourist visa – beginning in April and expiring in July. I got caught up on road trips and music festivals, so didn’t actually leave until a few months later in November….
I was expecting trouble or questioning at the airport as i left USA, but nothing. No stamps either in my passport.
Now i am back in UK – i wish to holiday in USA this year, but don’t know what to do?
I have been reading about a 180 day rule (which i didn’t break). But am concerned to apply for a visa for travel through ESTA in case they trun me down.
I assume all information will be on my passport.
What should I do?
I really want to return to USA, but don’t know who to talk to.
If you could shed any light, it would be much appreciated.
Many thanks – Tanya
ESTA isn’t a guarantee of entry but will let you know if you’ll need to go through a full visa application. If you’re worried, apply for a longer term travel visa at the embassy to confirm you can get in before booking any tickets.
PS – do you think i will be barred from reentering USA? Do you think i can explain my circumstances when applying for a visa? Do you think i should not?
It’s possible; but I’m not sure how likely. I wouldn’t mention the overstay unless you’re asked on any applications though. Be honest but don’t volunteer information that’s not requested of you.
Other than the 90 day stay – what type of travel visa could i apply for? And from whom? How do you know so much stuff brother?!
For visas check: http://travel.state.gov/visa/
As for knowing quite a bit about visas, well I travel for a living and make it a priority to research the topic 🙂
Thankyou brother…
Anil – i just read this. What do you think? I’m reading contrary info all over the place?
Typically, if you overstay your visa for more than 180 days you will face removal proceedings to be deported from the United States. Additionally, if you overstay for more than 180 days but less than one year then you will be inadmissible to the US for three years beyond that time and if you overstay for one year or greater you will be inadmissible for ten years. If you overstay but not more than 180 days you must leave the US but you can apply for a visa to return immediately. There are a few exceptions but they are found in only a small number of extreme situations.
Is that off the official site?
i found it here; http://resources.lawinfo.com/en/Articles/Immigration/Federal/overstaying-your-visa.html
Go by the official government sites only and call the embassy if you have any questions. The best way to find the most accurate information.
should i call the UK or the USA embassy?
US.
Hi,i’m a 17 years old that came to the US when i was 13 and a half , i was sent to the US because my mother told me i was only coming to this country to visit some family , thing is two weeks later past and when and i told my mother i was ready to go back home. She told me that i wasn’t going anywhere that i was going to stay in America and finish my education.
To go to the point i been in this country for almost 4 years my visa expired about 1 year and a half ago , there where times when i told my parents that i wanted to go back home because i wanted to come here in the future, right now i can’t get a job and i’m officially a high dropout (you know because i don’t have papers and i’m illegal) my parents are thinking in sending me back home but i’m afraid that if i leave , i won’t be able to come here for at least 10 years or even forever.
My question is if i leave would i be able to be aloud back in the country? or maybe would i be able to come back here with a Student Visa? i really loved this country and if i go back home and everything works out for me i wanna be back maybe in the future but can’t it be like and exception for me because i was taken against my own will? you know i was a kid that have to be where their parents go even though i refuse? Thanks you for your time
Hi Rasheed, I’d really like to help but in your situation, you should really talk to an immigration lawyer. They’d be able to give you the best advice. I hope things work out for you, sorry I couldn’t be of more help.
hi there,
i over stayed in south africa for a period of three months. when i left they charged me 300 dollars if i wanted to return to the country. i was on my way to the uk to spend some time with my family and the uk customs officer noticed the over stay and refused me entry. he then put a cross sort of a symbol on my visa and later deported me the next day. now what does this mean? am i banned from the uk or do i have to apply for a visa before entry? im currently in nairobi kenya and they almost refused me entry because of what this uk officer did to my passport. please somebody let me know anything! my email is [ED: removed email address]
btw im a USA passport holder…thanks
Call the US embassy closest to you for guidance.
so would you say this is a case you havnt heard yet or you just dont know nothing about it?
The specifics are important; I can’t help beyond general information. The embassy can help you out best.
hi Anil. i am italian, i came in the us as a turist three years ago and i overstaid, for two years and a half. i have business activity in europe and i wanna open something here too, is there anythin beside getting married i could do to have a visa and get out of my alien situation?
I’m not sure honestly, I would talk to an immigration lawyer for your case.
….In 2005 I had my daughter in the USA I had over stayed 3mths due to difficulties with my pregnancy in 2008 I went back to the USA I gained entry but when I went to take a trip for xmas in 2010 I was denied entry..I wasn’t told how long before I could travel back again is the reason for that I can’t? And if not how can I go about getting back there my daughter doesn’t know her fathers family and I wouldn’t want her to miss out on meeting them….any advise would be truly great full.
Thank you
I wish I could be of help, I would contact the embassy and see if you have get a visa prior to arrival.
Hola soy Guatemalteco, en el 2005 viaje junto con mi abuela a Miami pero ella a los 4 meses de estar alla se sintio mal de salud y tramitamos una extensión de visa por otros seis meses, yo regrese a mi país una semana antes que venciera el permiso y ella regreso mucho antes. Luego en el 2007 fui a tramitar mi visa y me la negaron aun llevando todos los documentos. Hoy estoy casado (mi esposa tiene visa), tengo un hijo, trabajo, etc. Nose si habré cometido algun delito por mi estadia larga alla y que probabilidades tengo que me den la visa de nuevo…gracias
I wish I could be of more help but it seems your situation is well beyond basic travel visas. Talk to a professional for your situation; best of luck.
my one friend was at london on student visa she overstayed for 3 months at london now she is at india now she want to apply visitor visa for uk its any chance to get visa ???
reply
There is a chance yes. What that chance is I don’t know.
Hey Anil. I wrote to you 3 months ago about my Leap Year woes, not being alerted to the extra day in February and how consequently I would be overstaying. Since I plan to immigrate pretty soon, I decided not to risk it and did my best to get my ticket changed. After 3 weeks of stress and £112 more, I managed to have my ticket changed to minus one day.
I said I’d get back to you after my trip, but sadly I don’t have any real information since I didn’t risk the overstay. I have too much to lose, wanting to live in the states with my wife-to-be, to risk having the embassy scrutinize me for overstaying one measly day. Better safe than sorry, right?
Thanks for your advice the first time I posted.
I completely agree, why take the risk if you don’t have to? I’m glad to hear everything worked out and really appreciate you following up with me. Thank you again and I think your story may be useful to others who are asking the same questions!
Hi,
I have a British passport and am currently in South Africa, i had a Common law Wife visa it expired in Feb, i went to swaziland and came back into South africa, i thought as i have a british passport i am allowed to stay for up to 90 days but the stamp says only 30 days. Is this correct?
What will happen if i over stay my touist visa and only go back in Mya instead of April?
Thanks
Call the UK embassy there; they’ll have the most accurate information for you. Good luck.
hi,im here in australia,got a multiple entry visa for 1 year…i didnt aware that i must leave every 3 months,i got my return flight on june but my 3 months stayed will due this coming 23rd of march.
What is your question?
what if i stay longer for 3 months before going home,should i allowed to come back using my current visa coz i have a multiple entry for 1 year or til xmas time.
Call the embassy that issued the visa or check the penalties on their website for violating the terms.
My sister overstayed in the USA, she’s from Egypt. I am trying to apply for a visa and they are asking if I have any relatives in the USA, I am not sure if U should write her name, I am afraid of getting rejected on this base. What if I didn’t write her name will they find out the connection
Best advice I can give: call a good immigration lawyer. They’ll be able to answer your specific questions in detail. And accurately in what can be a complicated process.
anil – how do i unsubscribe please brother?
There is an unsubscribe link at the bottom of the email notifications you’re receiving.
Dear Anil and hello everyone,
I have a situation where I have been served a IS151A form when I was leaving the UK. I am a Malaysian nationality and I came to the UK on the 3/10/2011 from Rep of Ireland (my visa was a student visa and it expired on the same day itself) for visit. When I came in to the UK I haven’t gone through the Immigration and get my passport stamp as a visitor. So I thought that was ok and as far as everyone said you can stay in the UK for not more than 6 months. So as I heard about that, I decided to tour the country and visit my friends here. I bought a flight ticket back to Malaysia on 23/03/2012. Then when I was about to leave the country the Immigration officer said to me that I was overstayed for 2 months and I was shocked and asked the officer wasn’t it I am allowed to be here for 6 months? The officer replied, ‘no if you come from Rep of Ireland, you are allowed to be here for only 3 months’ . I was shocked and I said ‘I am so sorry and that was my honest mistake and I didn’t mean to overstayed’. Then the officer served me with a IS151A form/letter and the officer said I might have a problem when I am about to enter the UK again next time.
My questions are;
a) From my situation above, can you please explain to me will I be having a problem to enter the UK again in April/May 2012 for 2/3 months visit as a visitor as I am planning to look for a University or College to pursue my studies? If yes I am going to face a problem, what is the least and worst case scenario the UK Border could do to me?
b) Will I be having a problem to a apply a student visa for August/Sept 2012 intake from home once I have found the University/College?
c) If I can’t enter the UK as a visitor and as a student, is there any chance for me to appeal?
Regards,
Blur&Lost
I really can’t say, the only way to find out if you’ll be denied the student visa is to apply and see what happens. Good luck.
Gentleman,
I am from India and presently in Egypt. My 3 months tourist visa is going to expire soon. Can I stay 5 days more after my Tourist visa expire to visit some more touristic places. If YES what formalities I need to do for hassle free travel back to india.
Regards,
Prashant
what are the penalties for the student that register his Name and passport to college in Malaysia going to 2 years now the approval haven’t come out and the person is trying to go back to his country ?”
Hi Anil, my situation is i am an Australian citizen currently living in Spain on a 90 Tourist visa. I have recently found work here, and intend to stay in Spain until i go home to surprise my family for two weeks in October. I am aware that what i am doing is wrong, however i am wanting to if i will be able to return to Spain once my holiday in Australia is over. To complicate things more, i still have a valid two year working Visa for the Uk which does not expire until December.. will that make a difference at all?
Any advice would be greatly appreciated!
Have you looked into getting a 1 year residence visa? Or perhaps your employer can do the process for you – or at least be of some help in the process.
Hi Anil,
Thanks for the info/responses, very helpful. First of all I am an Australian citizen and I have been living in Sweden (interspersed with trips into other Schengen countries) since October 2011. Prior to my initial 90 days expiring I applied for and received a 3 month Visitor Permit from the Swedish Immigration Office. Now this expired recently and I am unsure what to do, as now I have been here over 180 days (the permit expired after the 180 day period). I have to stay an extra month as I am trying to sort out a working visa in another non EU country. My queries are as follows:
1. Does a new 180 day period automatically ‘kick in’ and I can stay for another 90 days on the Schengen visa or do I need to leave the Schengen area for this to re-apply? I did take a visit to the UK and returned on day 162 of 180 (not sure if that really changes anything.
2. Assuming option 1, is invalid. Would I have to leave the Schengen region for my new 180 day period to apply? And is it at the discretion of this ‘visa’ at the discretion of the border officers at the airport?
I think that is everything. Thanks for your help in advance.
Regards
Tim 🙂
Hi Tim, you generally should be able to find out the question to #1 on your visa documentation. I would call your (Australian) embassy in Sweden or if possible stop by to ask. I’m not sure about the longer stay visas and don’t want to tell you something inaccurate. Typically after a visa expires you have to leave a country before reentry, even if you haven’t used the full allotted travel visa allowed for your citizenship. Your embassy can tell you for sure.
Good luck!
hi,i’m a student visa and i overstay here in uk for more than 2 years,i’m planning to go home to my country and apply to other country,is that possible?do i have to change name? thanks
There are so few details in your comment I don’t know how to respond. Either way, it’s well beyond travel visas and am afraid I can’t be much help.
hi
my name is Joe. I visited the US last Aug 17 2011. i stayed there for 90 days. On my passport it said that i was admitted until the 15th of November 2011. I was supposed to leave on the 14th but i missed my flight. So i left the following day back to the Netherlands
I am going back to the US in a few weeks…
i was wondering if this will be a problem for me when i enter the US again..
Hi Joe, technically it could be a problem but it’s very unlikely it actually will be one. Good luck!
hey anil,
alright, but do you think i should take any special actions like to get a visa before leaving?
or do you think the boarder patrol officer will give me a hard time?
thanks
Getting a visa prior is an option but in all likelihood, not a necessary one. Though I don’t want to discourage you if it will alleviate your anxiety; but if I were in your case I probably wouldn’t go through the trouble.
How tough border patrol is depends very much on the person you get. But a 1 day overstay due to a missed flight isn’t likely to raise eyebrows.
hi anil,
well i already purchased the ESTA and it went through.. does esta also keep a record if ur approved or not to obtain an ESTA?
because i read in one of your previous comments that ESTA approves or denies entry to the US..
glad to hear from you.
I’m not sure but I would imagine there certainly is a record. From what I understand of the ETSA, it doesn’t guarantee entry but a denial would mean a visa is required beforehand.
hi anil,
thanks for the info. i also checked out some other sites about overstaying your visa. on that site i saw that to forecome overstaying your visa, you should leave ON or before the expiration date so that sounds good already because i left ON the expiration date.
Glad to hear it and happy to help. Have a great trip!
Hello Anil,
Love your site. You have a lot of great information. And now here’s my problem: I am an American who flew into Zurich to live with my boyfriend and find work. I haven’t found work as of today and we are considering marriage. I never left the country after my 90days in hopes of getting a job soon. I plan to leave soon because I understand my overstay could effect our marriage and future in this country. I understand flying out of Zurich back to the US is a NO along with Netherlands, Germany, Greece and the UK. I found a flight from Poland to Chicago that would be easier (and cheaper) for me to fly back. Do you know if Poland has a lax border control? Or should I try to fly out of CDG. My flight itinerary would be Zurich to Poland then Poland to Chicago. Do you think this might work for me not to be detected by border control?
Thanks in advance!
Coco
Hi Coco, have you spoken with an immigration lawyer? I would do that before leaving the country to find out your best course of action.
Why do you advise that? I just curious…
For several reasons but the main two being – 1. you may not have to leave the country and 2. they will know exactly what the best course of action to take in your specific situation is.
what happens to a british person who has gone to america to get away from everything and everyone and has stayed to long ( 4 years ) and is now scared to come home . ? will they go to prison ?
Prison, extremely unlikely. Fine on the way out? Possible.
Hi, I’d like to ask how on earth Jenny managed to stay in the USA for 4 years & not be deported. I have been trying for 9 months to do exactly what she did. I want out of the UK, I want to start a new life away from everything here. I was injured in an accident & am registered disabled & havn’t been able to find work here. As such, I don’t have the £350 or the £1000 min savings required to obtain a 6 month visa.
So, since I have friends there , willing to house me & find work, I intended on just buying a ticket, arriving in the US & not coming back!I am 50 years old! But, my US friends warned that I could be deported as an illegal for overstaying the 3 month auto visa (THough if I were Mexican or Korean they wouldn’t!!) Did Jenny change her name? How did she work & not get deported??????
Hello,
I am a native US citizen and traveled to El Salvador with a tourist visa. I’ve over stayed for about 3 years now, things have kind of went well here I’ve opened up a business and am now engaged. What can I expect when I re enter the US?
Nothing, you’re a US citizen, they don’t care about your overstay somewhere else. Now leaving El Salvador, that’s another story. I’m not sure what fines or penalties may be involved…
Hi,
I am Turkish and my mother is Turkish too. I am going to do my master to London from Turkey. My mother has UK tourist Visa which is remaing 3 years and she will travel and live with me like 10 months. Should we tell officer on passport that she will visit 10 months or if we say less than can she stay longer? She is not only going to stay with me. I have english cousin there. She will visit her too. Waiting your answer. Thanks
How long is very visa term? It’s not a 3-year travel visa it sounds like but it is good for up to 3 years? Let me know and I can perhaps give you some better advice.
Türkçe’de devam etmek isterseniz lütfen çekinmeyin.
I mistakenly bought a plane ticket to Italy over 90 days, 2 days over. I am very concerned as to what is going to happen when I get to the aiprort ????????????? am I going to fined, jailed or what ???????
I am an American citizen, visiting my son aho is in the US Army in Vicenza, Italy. I mistakenly bought a plane ticket to Italy over 90 days, 2 days over. I am very concerned as to what is going to happen when I get to the aiprort ????????????? am I going to fined, jailed or what ???????
On the way out there is a small chance you’ll face a fine; don’t worry, jail time isn’t a possibility! If you’re asked on the way out about it simply tell the truth and your story, otherwise be thankful you weren’t asked and have a good flight home!
Merhaba ben Master yapmak için gidiyorum Londra’ya annemde turist olarak gelecek. 5 senelikti vizesi ve suanda 3 sene kaldı. Kuzenlerim var onları ziyarete gelip gidiyordu. Bu sene 10ay gibi bir süre kalmayı düşünüyor benimle birlikte kuzenlerimizde ziyaret edecek.pasaport kontrol de ne dememiz gerekiyor 10 ay mı yoksa az mı?az dersek ve uzun kalırsa sorun olur mü?ne yapmamız gerekiyor?ilginiz için tesekkurler
Selam, ben sizin yeriniz’de olsam daha kısa bi süre söylerim sorarlarsa pasaport kontrolda. İngiltere’ye giriş yaptıktan sonra ordan vizeyi belki uzatabilirsiniz ve onu tavsiye ederim. Umarım sorun çıkmaz size.
Merhaba, zaten vizesi 3 yıl kaldı ve sadece 10 ay kalıcak. oyuzden dediğiniz gibi kısa süre soyleyebilirim vize uzatmamıza gerek kalmıcak. Teşekkürler
I am an Australian who has overstayed for almost 2 years. I have stayed here with an American girl who has been legally studying at University. I wish to travel to the US with her prior to returning to Australia. Will I have a problem entering the US since I have an overstay in the Schengen area? I realize that I may have a fine or ban here – but how does that affect a 30 day visit to the US?
It never looks good to have an overstay in your passport but it’s unlikely a Schengen overstay will cause you problems entering the US as an Australian citizen.
Hi,
I am a U.S citizen and back in 2010 I went to Spain to live and work as an au pair for a family for about 5 months, without any type of formal visa. So i obviously stayed over the 3 month visa you get for the entire area of Europe, but only by two months. My passport was stamped in Germany in late January, because that was where my first flight arrived, and then I left out of Spain straight to the U.S where it was stamped in June. I had no problems, but I´m afraid I will encounter some if I ever try to go back to Europe (any country in the European Union).
What is the likelihood of getting in trouble if I go back and what might be the consequences?
You should check the embassy website of the next Schengen country you’ll be visiting prior to planning a trip there. The statute of limitations on overstays can vary. As for something happening, it depends on where you go but for US citizens generally problems are unlikely. The worst that can happen is being denied entry, then a fine, but again I don’t think either are likely to happen in your case.
But, it can happen, so no guarantees based on my word.
Great piece. Here in Ecuador, many tourists overstay their welcome, er … visa. As I understand it, they simply can’t return for a year (from their original date of entry) – which is, ironically, the same as if they obeyed their visa dates. This is the case for Canadian/American visitors anyway. I’ve heard that there might be a fee on departure if you overstayed – but no storm troopers…
Bryan
Thank you Brian and definitely ironic – or perhaps encouraging by the Ecuadorian government – as Americans and Canadians overstaying probably helps the economy more than anything else 🙂
i am living in sao paulo in Brazil overstay.i don’t have any information to get work visa.
I can’t be of much help, check out the appropriate embassy website.
Anil,
My husband of 2 years plus is Canadian, and I am a US citizen, he overstayed in the states for 2 years and when we went through the border here in Canada (We came to live in his country) he had no issues leaving the United States and no fines no questions asked. However, after being her several months he has been unable to find a job, and we want to go back to the States. His parents say that the Border where we are is very lax and that because he was never issues an I-94 card he will not have to worry about returning to states because they doubt that the US even knew he was there. Do you think this is true? Could he come back home with me? I have not overstayed in Canada, but I wasn’t sure if he would be banned. When we came through the border all they did was look at our passports, my drivers liscense and let us in. Is it possible he could re-enter the states and be allowed back in?
Thank you!
Technically he may have problems and not be permitted in. Passports and IDs were likely scanned on arrival, so there is a record of the overstay. As you’re married you can start a more permanent visa process if you’ll be staying in the US; probably the best course in your situation because the more your husband overstays, the bigger problems he may have down the line. Hope this helps!
i’ve recently been in Egypt and overstayed my visa, all i had to do was pay a fine at passport control and there was no problem, it was quick and easy but i want to return to Egypt in a few weeks and want to know how easy it will be for me to get back in after this?
Which country are you from? Call or email your embassy in Egypt with the specifics of your situation and they should be able to let you know with certainty. Good luck.
hi, just curious, were you able to get another visa, considering the fact that you overstayed on a previous visit?
Well Great News !!! I didn’t get arrested or fined for overstaying two days, as I went through the UK border patrol. Yaye ! Yes, I’m American and proud of it ! and Thanks to the Lord it all went smoothly. The lady at the border just asked questions as to my business in Italy. I truthfully told her I was there to take care of my daughter-in-law until she delivered my grandchild. She told me Congratulations and passed me through, of course after asking did I bring any fruit or other stuff I can’t remember. I am just so happy to be in the USA. thanks for your encouraging words Anil P 🙂
Hi Suzanne,
That’s wonderful to hear and glad it went smoothly!
Merhaba,
Hollanda da master yapmak gibi bir gaflette bulundum. 10 ay kadar önce eşim için müracaat ettiğim vize süreci, oturma izninin verildiğine dair bir yazı gönderilmesine henüz tamamlanmadı.Yazıda oturum kartını 3-6 hafta içinde hazırlayıp teslim edeceklerini belirtmişler.Bu arada eşim MVV tabir edilen vize ile 6 ay içerisinde 3 aylık süreye bağlı olarak hollandaya giriş yaptı ve bugün itibariyle söz konusu 3 aylık süre doldu.Biz bu ayın 29’unda hollandadan türkiyeye uçucağız ve bu aradaki sürede ise fransa ve almanyaya kara yoluyla geçmeyi düşünüyoruz. Eşim muhtemelen oturum kartını hiç alamayacak ama hollandadan çıkmak açıkçası bizim açımızdan sorun değil.Ancak karayolu ile giderken yapılacak polis kontrollerinde veya otel kontrollerinde eşimin deport edilmesinden çekiniyorum.Dönüş biletimiz ve hollanda göçmen bürosunun yazıları yanımızda olacak.Göçmen bürosu hollanda da sıkıntı olmayacağını ama diğer ülkelere ilişkin garanti veremeyeceklerini söylüyor.
Sizce karayolu geçişlerinde sıkıntı yaşama olasılığımız nedir? yardımcı olabilirseniz sevinirim.
Selam, büyük ihtimalle pasaport kontrolu olmayacak ama kesin değil. Otelde gene kontrol olur ama deport olamnız çok küçük bir ihtimal. Bir sorun çıkarsa çıkış biletinizi gösterin ve sanırım sıkıntınız olmaz. Umarım yardımcı olabildim, başka sorunuz olursa yazmaktan çekinmeyin.
Hello, I just have a question I recently came back to the U.S from a 90 tourist visa in the Schengen area, my question is this. When I was first pulled aside by the customs agents and asked general question about my stay and to make this short I needed a sponsor to stay in the area for those 90 days but I was merely told that I could not return to the Schengen area for a year; I wasn’t given any paper work nor a mark in my passport. However I did have to register with the immigration police and the day of my departure I was asked by customs if the immigration police had given me a white paper for them to stamp when I said no they just gave me a weird look but stamped my passport anyway. and I had merely overstayed for ONE day.
Any advice will be very helpful & greatly appreciated, Thank you
There really isn’t much more advice to give other than don’t try reentry for a year. If you absolutely must visit a country in the Schengen Area, contact the embassy for the specific country you will be visiting to see if you can get a visa and ensure entry despite your current status.
Hello i need some help or advice..
I was born in italy, my parents bought me to the united states when i was 9 years old.. i was on tourist visa and we overstayed in america for like 9 years.. now Im almost 19, i graduated high school and about to go to college. But i would like to get a working visa or a visa that will let me stay here… is there anyways you could help me fix my situation? thank you!!
I believe there are some recent law changes that might be in your favor – the best thing to do is talk to an immigration lawyer to get all of your options.
Hi, I’m really hoping you can shed some light on this situation. I’m afraid to ask the consulate for fear they won’t approve my visa. My husband and I are doing the teaching program in Spain where you stay on a student visa but we’ve been placed so far away, it will cost us hundreds of euros a month to commute (not to mention time) and we aren’t sure if it’s ultimately doable or worth it since the pay is low to begin with. If one of us drops our job, will we lose the right to stay or do we get the full time stated on the visa? Since we are married, could we switch visa types or do you have to do that in your home country. We are american. Thanks!!
Hi Alexis, I’m not sure honestly, have you tried calling the U.S. embassy in Spain?
Hi, I really enjoy your blog and have read quite a bit but still have a couple questions I hope haven’t already been answered in previous posts.
I’m from the US and overstayed a Schengen visa by about 21 months. I left through Amsterdam (in December, 2009) and they did pull me aside and ask me if I was working in Europe, why I overstayed (of course I didn’t know that you couldn’t just travel around Europe for 2 years) and I just told them I didn’t work and it was an extended vacation. I wasn’t fined but they said they would have to file a report with the German authorities since that is the country I spent the most time in and I did see them filling out this paperwork. They never put a “bad” stamp in my passport and the officer told me that if I wanted to travel to Europe in the future to call and check that I had the right to enter since the German authorities would have the ability to ban me for up to 5 years. So, I want to travel to Spain (first), Germany and the UK in August for one month and have been trying to find out if I can enter since this happened only 2 1/2 years ago and I “might” be banned for up to 5.
I have emailed the San Francisco office of the Spanish consulate and they said they don’t have access to the database. I also called the Spanish Embassy in DC who told me to call their Consulate who didn’t have a clear answer for me. I emailed the German embassy and even tried emailing Schipol airport (where the incident happened) and Madrid airport (where I would fly into). No reply to my inquiry or even a phone number for the immigration office there. My boyfriend (who is a UK citizen) even went to the Immigration Office in Glasgow and asked them. Speaking for the UK – They said typically they don’t turn away American tourists but it is up to the agent. They also said that they can’t stop someone from visiting a fiance and that if an agent starts questioning me about my previous overstay that I should tell them that.
So, I guess I am looking for answers to a few questions.
1. If there is no “bad” stamp in my passport might there still be a ban on my passport once I enter a Schengen area?
2. Who can I contact to get the “all clear” that Germany hasn’t decided to ban me?
3. Is there any “fiance” clause?
Sorry this is a bit long but thank you so much for taking the time to read and reply to it! Your blog has been a really big help to me!
1. Yes
2. German embassy in the US
3. I’m not sure but believe there isn’t
I hope that helps – call the embassy. They are a pain to get in touch with often but you’ll be able to find out with certainty that way. You can also try (snail) mailing them and if you don’t get a response within 10 days – or in the mean time – try calling the US embassy in Germany who might be willing to help you out.
Good luck!
Thanks Anil! I will try contacting the German embassy in the US again. I have before but they don’t seem to answer phones there. 🙂 Persistance seems to be the key. One final question…if I find out that I am banned from the Schengen area would I also be banned from entering the UK?
Thanks again and happy travels!
Embassies have a way of being difficult to get in touch with 😉 good luck. As for the UK, it’s not part of the Schengen Area so a ban wouldn’t cover it.
Just wanted to give anyone interested an update. I emailed the Spanish embassy in DC and got a reply from José A. Mellado (EDITED) right away. After he looked at a copy of my passport and ran it through the system he said there should be no problem for me to travel to Spain. Such a relief as I was told I could possibly be banned from Schengen for up to 5 years and it has only been 2 1/2! Thanks again for your help!
Hi Laura,
I’m happy to hear that and thanks for following up.
Safe travels,
-Anil
I overstayed in France but there are no stamps on my passport except when I made a trip to the UK through Switzerland during my first 90 days in France. I want to go to Paris to obtain a Schengen Visa that I can then use to present an application for a Talents and Competencies Visa. You have to have a current visa to apply for the long term visa. My question is will I have problems at the airports of Nice or Paris?
I’m not sure, it depends. What’s your citizenship and situation? Call the embassy and find out how to get the long term visa, there is likely a procedure in place for cases like yours.
I am a US citizen. I applied for a long term visa before leaving for France but it was denied. They said I did not have enough money. I said I had work (not in France, online from the US) and showed them proof of employment. They took my fingerprints, my picture and my application fee and then just denied it.
I went to the Perfecture to apply again but they said I need a visa in place to apply for the talents and competencies visa. They told me I could go to a French Embassy in Italy and apply again. That would mean leaving France and I am not so sure I would get it after my previous experience.
If I go to the Italian Embassy in Paris I want to know if I go through immigration since I won’t leave France. It is cheaper to fly but I could rent a car or take the train.
Going through immigration if you go to the embassy? If you’re going from a Schengen country to Schengen chances are your passport won’t be checked but there’s no guarantee.
Thanks Anil,
I am curious about your experience. Perhaps you have told your own story elsewhere. Do you have a website with an about section?
Absolutely it does 🙂 http://foxnomad.com/about/
Hi Anil
You really help out a lot of people here and I’m glad I’m not the only one whose done a few silly things with regards to expiring visas!
I’ve overstayed in South Africa for almost five years now (I’m with a South African guy) and I want to go home for a visit. I know I have to pay a fine and I don’t really mind, but can u give me any idea what the general amount of time I’ll have to wait before I can come back to SA will be? I’ve got two kids, one Irish and one born here in SA (he’s only two). I’ve renewed my passport recently and I have no stamps whatso ever in there, is there any way I could use that to my advantage? Home Affairs here is really terrible and they wouldn’t even know whether I’ve applied for residency all those years ago anyway.. I just wanna go home man.
Thanks for your time.
Mary
Hi Mary,
I’m glad I can help when I can. As for your situation, have you tried calling your own embassy? They should be able to let you know what the penalties for overstaying might be.
Good luck,
-Anil
When I was having my new passport issued that was one of the Q’s I asked and they said I should ask the folks here.. I’ll be doing that this week in any case, just thought I’d ask u with the hope I could avoid having to call Home Affairs here, they’re not very helpful in that regard and u speak to so many people I thought u might know off hand.
Thanks again and enjoy Vegas! Lucky lucky 🙂
Sorry I couldn’t be of more help, best of luck!
I am a US citizen in the UK as a tourist. My 6 month allotted time is up. Before I go home I want to travel to Spain for a week. After, I’ll return to the UK and within a day fly to the US. If I do this will I be allowed back into the UK to take my flight the next day?
In the same scenario but with a few days overstay…will I be allowed back into the UK?
Maybe, maybe not. Though you’ll be at risk of being denied entry.
Hi Anil ,
Second time writting 🙂
I have been issued a 1 year validity business visa for 90 days in Schengen ( Spain ) VISA .
– I am Indian passport holder
I have become confused with views expressed in various sites with two views coming :
1) I can stay maximum 90 days in the entire 1 year period
2) I can stay 90 days in 2 half yearly cycles with 90 days away in each .
Request your views on the same
Regards
Amit
What does the visa documentation say?
Hi Anil,
my daughter who is 3 months old wants to travel to UK with her tourist visa. Currently she is holding a US passport. But on our trip, my daughter have to over stay in UK for 2 months, what shall I do?
Will it be any problem for her when she go back?
will it be any problem for her to enter to the UK later in her life?
or is there is anyways that she can extend her visa to stay another 2 months in UK
please help me. Thanks…
US citizens can enter the UK for 6 months I believe without long-term visa.
Hi,
I want to goto UK with my us passport, i am holding a visa, but my daughter who is 3 months old she have to go to uk with tourist visa in US passport. On our vacation, my daughter might overstay another 2 months in UK before we leave the UK.
will it be any problem? do we allowed to enter again to the UK later in her life? what happens if her visa overstays?
because my husband works there, so we planned to leave the country in 8 months, but she will get only 6 months in tourist visa. so please help. Thanks
Why not see if you can get her a visa before entering?
Yeh, But it’s costs alot. almost $1000 to get the visa.
Want to ask you. do I can do like this.
If I take her to UK with her US pp and after 4 months or so, if I go somewhere outside the UK and return back to UK to stay another 3 months or so.
Will it be possible?
WIll they give us to stay another 6 months when I return back as 2nd time?
Please let me a solution….
I believe it’s 6 months out of every 12; but you can check the State Department website to confirm.
Hi,
I have a friend who is a US citizen. She wants to overstay a tourist visa in the UK for a couple of years. IF she is caught within that time, what will happen? Will she go to prison?
If the punishment is just a fine (and potential ban), any idea of how much it might be for?
Thanks.
Hi Jack,
I’m not sure, you’ll have to look up what the laws are for illegal immigration. Your friend should just get a valid visa for that time, as a US citizen, it shouldn’t be too difficult.
Hello,
I’m Camille , I’m french , I live in the uk.
So here’s the situation :
My partner ( I just got into a civil partnership yesterday)is an us citizen entered In march as a visitor ( got a 6 month stamp). She had her ticket back to LA but decided to stay 6 month.
Her visa expired in about two weeks.
As I know from uk border website she cannot apply here for extend her stay. Here’s what I found on th website.
“What should you do after the ceremony if you want to stay in the UK?
If you plan to stay in the UK after your wedding or civil partnership ceremony, you may be allowed to switch into the category of husband, wife or civil partner, with a view to settling here. Thissection explains whether and how you can apply to switch. You cannotstay in the UK if you have come to the UK as a visitor”
We are so confused as she went to the embassy who sent here in office where she could get advises. So she went and the lady told her that it’s absolutely fine if she stays as she has a partner from eu. So she would have the same right as me.
So what do you think ? I hope that lady was right but I realy don’t think so…
We also read that she can’t get into a partnership while on a tourist visa but well we did and it was fine….
We hear so many different things about that…
It’s all really stressful.
We also have a Brazilian friend who got married to an English girl while on a student visa and just applied to stay in the UK… Is it the same?
I hope you can tell us a bit more about it.
Thanks
The embassy is the authority. If you’re unsure about their claims, get everything they’d told you in writing, on official letter head with the appropriate contacts your spoke with and take those papers when entering the UK.
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..
That can vary based on the time of day you enter (late at night officers tend to be less diligent)”
It s the other way around my friend
Not in my experience.
Hello there, i hope i will find some help about my little situation, i’m a brazilian citizen that on the last year overstayed by 45 days my welcome in Poland, 3 weeks before my welcoming expiration we went to the chief immigration officer and he said that was OK for me to go to another country and come back after a day or so, and will have the visa reset, i’ve done his suggestion, after that i realized trough internet that i was still overstaying, i left Poland without any problems (Nearly a heart attack on the immigration window) on 25 of June 2012, i’ve been working since then in the Caribbean (British Virgin Island) with my Polish wife, we have our marriage certificate legalized for EU countries, and we are coming back to Poland trough Madrid on the 26th of June 2013, would i have any problems coming in?
Thanks a lot in advance.
What does the Brazilian embassy in Poland (or their website) say?
I Called them before my expiration date and they said that leaving the country for a day was what most of the people used to do, but didn’t sounded very reliable, i don’t need visa to go to any country in Europe, i am married, and didn’t got caught leaving Poland after the overstay, i was just wondering about coming back, i have all the stamps on my passport, date coming in Germany, date going to russia(for a day), date leaving russia, and date leaving Poland, no black stamps, no black dots no nothing.
Poland is Schengen though, 90 days out of every 180 for Brazilians. This article should help:
http://foxnomad.com/2012/01/27/what-is-the-schengen-zone-and-how-do-schengen-area-visas-work/
Feel free to post if you have other questions.
Hi,
I am currently in iran and i have already overstayed by 188days in iran, i hold canadian passport, i will be leaving the country on july 6th, do you think i will have problems exiting?
thanks
It’s very possible, you may want to contact the Italian embassy in Tehran to learn more.
http://www.international.gc.ca/media/aff/news-communiques/2012/09/17a.aspx?lang=eng&view=d
just wanted to update you on my status, so i wasn’t able to leave the country, they stopped me at the airport and gave me special police address to go to. once at the police station they asked me to pay almost 6,000,000 tomans which i didn’t have, so i had to file some paperwork stating that i don’t have that much cash money, they did little investigation, checked our luggage, check the house for money and after 2 weeks they asked us to only pay 2,000,000 tomans…..i finally got my exit visa. my husband and kids are iranians so they didn’t need visa
Thanks for following up and sorry to hear about the troubles.
I am a pakistani national having visited most of the world before on business visa. i have visited usa back in 2005 when i was granted with 5 year multiple entry visa. in 2011 i again got 5 y. visa and due to threats from taliban in pakistan have to flee to USA after packing up my business and shifting my family elsewhere. i cam here on sep 7th 2012 and was allowed to stay by march 7th 2013. in the meantime i applied for assylum which was turned down on bases of lack of evidence. i still have two chances for re consideration but i have not.my visa is valid up to july 2016.
IF I LEAVE USA AND WANT TO COME BACK AFTER COUPLE OF MONTHS WITHIN THE VALIDITY OF VISA WILL I BE ALLOWED TO ENTER?
I recommend talking to an immigration lawyer.
Hi I’m Behzad and living in Iran currently, I’m planning to immigrate to EU, France more likely, I’ve already had a schengen visa, with no overstay and a good record on the EU database.
My girlfriend is living in France and I’m despertly looking for a way to join her.
I’ve been looking on every legal possible ways, but almost all of them need huge amount of money or other things you surely know. Which I can’t provide now.
Lastly, I’m about to choose the “highway” ! Getting another schengen and overstay in France.
If I do so, will I be still able to travel through EU member countries safely without getting cought ?
Are there any chances to be able to stay legally after some years?
I’ve been working as a web designer for 10 years, so you think I’ll be able to work freelance without any problems during that time?
Any other advices in my case are greatly welcome!
I’m just looking for the best way to get together.
Thanks in advance
Passport control between EU member states is done at their discretion. As for legally staying, best to talk to an immigration lawyer or other professional specializing in EU residency.
Thanks for ur quick response, I will certainly consider that among other options.
just get asylum man
can you tell me how ?! its just unfair, the wall they’ve created around the district and the laws, and stupid on our side, the act of the govt. and all the stupid things they do, just to make their people isolated…
any suggestions ?!
Hi there.
I’m an American who overstayed my visa in Brazil by a little over two months. Couldn’t make my initial flight out, and it took me that long to find a loan to get me out. They said they would assess a fine to me when I re=entered the country. Now, I have plans to visit Australia on a tourist 90 visa, and have no plans of over-staying. Will my over-stay in Brazil effect my entry into Australia? Should I throw my passport in the washing machine and just get a new one? Please help. Thanks!
Your overstay in Brazil won’t likely affect your entry into Australia.
Thanks Anil! I really appreciate it.
Hi There,
I am an EU citizen and I just got back from Canada which I overstayed my Tourist visa by 7 month. Now I have a job offer from an employer in Canada as a Store Manager, who wants me to go back and start work.
When I left Canada, they did not stamp my passport, nor when I entered EU where I am a citizen. Do you know that if I go back to Canada, they will find out that I overstayed 7 month more than what I supposed to!
Your help and advice would be greatly appreciated.
Thank you
They might. Don’t you need a work visa anyway? You’ll find out if there are problems depending on how that application goes.
What if I dont apply for a work vis and I just go back as a visitor?
Weren’t you invited by a company to work though?
yes I was, But I’d like to apply for work permit while I am inside. Do you think that is possible!
If I go back just to visit again, do you think they will find out that I overstayed?
Thank you.
Often it is, but I can’t say for sure. It’s likely better you not leave before applying for the visa – though again, I’m not a professional or expert on immigration. Take my advice with that in mind.
Hi,
I am currently in India on a 6 month visa. Originally, my trip had been intended for 6-8 weeks, but I had the time and cash so I allowed myself to extend it. Today, with the expiration date of the visa nearing, I decided to check my visa to make sure I remembered the date exactly. Good news: I did. Bad news: I either didn’t notice or recall the “each stay should not exceed 90 days” limit. It is currently at day 105. I have purchased the next transit to Delhi, which will arrive in 2 days. From there, I am either taking a plane or train/bus to Nepal, most likely plane.
What are the likely penalties I will be facing for my overstay? Is immigration stricter on land or air?
Check with your embassy or the embassy website of India in your home country.
Hey, I’m a US citizen living in europe. I definitely overstayed my 90 days. Previously i had visas approved in Germany while living there ( 3 to be exact) nonetheless, i have overstayed my visa well over a year. I have a job offer from a friends company that can work out all the visa process papers ect. My question is, should i return to USA to get that process done or can i as well go to Russia as an example and wait it out there to get the paper work processed properly? Any suggestions or concerns i should be worried about?
Thank you for the time and support.
Normally the rules are very clear whether you can leave or not and under what conditions. Ask your company or check the paperwork carefully.
Would you be able to rephrase that? Whether I can leave where exactly? A bit late now tired
I’m assuming you’re in the country you’re applying to work in? The company you’re apply with can let you know whether you’re allowed to leave the country or not during that process.
Ciao,
I am a US citizen who is in Italy on a tourist visa that is about to expire. I am going to marry my fiance who is Italian, do I need to go back to the US for 6 months to marry my fiance? I spoke with the immigration office here and they said that I would need to return to my mother country but a lawyer here said the exact opposite. Not sure who to believe!
Can you please help?
Thanks,
Michele
Was the lawyer able to show you the regulation/law that allows you to stay? It might be a good idea to get a second opinion from another lawyer.
Ciao Anil,
The lawyer wouldn’t give me anymore information, unless I wanted to pay him.
But a friend offered to hire me part time in Germany. Are tourist visas able to be switched to work visas or tourist visas able to be changed into student visas? I appreciate your help.
Michele
As far as I know, no. They are all processed separately.
Thanks again Anil.
Ciao,
Michele
You’re welcome, good luck!
Did you ever figure this out Michelle, i’m in the exact same position at the moment and struggling to find any information about it.
Got it, even with an overstayed visa? I can imagine if they want to start on paperwork and a visa, i would need to be valid correct? Thanks for the help!
Not necessarily but leaving may complicate your situation. Your company can and their lawyer can best advise you.
Hi Anil,
Your responses have been really helpful, I’m just looking for your opinion on this:
I’m a Canadian in France and supposed to be studying this fall but misunderstood and didn’t get a student visa before going. If I overstay my 90 days by 33-45 days, what should I expect to happen going through the airport before flying back to Canada? Will I be detained or questioned?
You’re welcome, I’m glad I can help.
Overstaying can result in a fine or a re-entry ban of several years. It depends on the officer checking your passport on the way out; they may also let you go without any consequences if they don’t notice, etc.
Anil,
Thanks again for your quick response to my last inquiry about Australia. Ok, I am singer/songwriter from the USA, and planning a trip to Australia. On a tourist visa I know I am not supposed to work, and playing coffee shops and smaller clubs I’m sure I would float under the radar, but now there is a possibility of having a full band there, which would expose me quite a bit more. Ever heard of an original songwriter getting a work visa? I wouldn’t be taking anyone’s job there, and would be employing 4-5 Aussies as well. My daughter is living there the rest of her life, and I’m weary of breaking any laws and getting banned from the country.
Thanks,
Max
They might have some sort of artist visa or program. I would look into that as a starting point. I know Germany and some other European countries have it, perhaps Australia does as well.
Good luck and if you remember I’d appreciate you letting me know how it goes here. Thanks!
hi, i have a Philippines passport and was granted a tourist visa in australia in 2006 but I overstayed for more tha a year due to financial reason. now, i am planning to go back and enroll as a student in university. do you think i will be granted a visa?
I have no idea.
hello anil
for a canadian citizen who has overstayed in the US by ~9 months past the normal 6 months, what are the best options, if any, to not incur overstay penalties? no stamp was given on most recent entry to the states on the passport (which was at the 1 month overstay period), or any i-95. in fact the passport shows no stamp for us travel since feb 2011 but there has been travel between canada/US since then.
they are living with family (who have green cards) until they find work back in canada.
also, is it possible to fly within (not leave the country) the US during this overstay status? is the danger for 3/10y bar only once they have left the country?
I’m not sure the best way honestly, perhaps someone else on the thread has some experience with this they can share. As for internal travel, it’s probably ok to fly since you won’t go through any passport control.
I am a U.S citizen. I visited Canada and was given a stamp date of when I should leave. I overstayed my visa by a couple of months and left the country. Will Canada immigration know that I overstayed if I try to return? Like, does this information automatically come up when they scan your passport?
They might, it’s a risk.
I was on a 1 year student visa in southern spain last year . However i recieved several fines that equals up to 500 euros on a trip to northern spain barcelona that I did not pay and the police had my student residency card instead of my actual passport number.A year has passed since then and I am re-applying for a student visa to spain from the usa since my student residency card is invalid after expiration date and must apply for a new one.but Im worried I would be denied. But im also curious that it might have been forgotten since it is now on an expired invalid id card.Is this a likely event?
I’m not sure.
Hi, i was in USA for 1 year (i extended my visa) and then i overstayed 8 months. I came back to Brazil in May 2013. My visa is valid through sept 2014. How can i get in in the US and do not be deported at airport? All I need are 3 days in NY, nothing else! Do u think Ill be deported?
It all depends on how lucky you are.
Hi,
I am a US citizen working in China. My work visa expires in 2 days. My school has my passport and is supposed to be renewing the visa. I am worried because Beijing has just changed their regulations and the school says they do not know if my paperwork will go through (they now require background check and don’t like mine because Virginia ones look different from other states and don’t have a stamp). Because it is the summer holiday our accounting department is absent and won’t return for one week. I have no money until I get paid in one week and am concerned that the school won’t be able to secure my visa, requiring me to leave but with no money to purchase a ticket. I might be able to get to HK before the visa expires, but once there I am concerned my school will never pay me and I will be stuck there with a soon to expire 30day visa and still no way home. Any advice on what I can do?
Talk to the school – why did they wait so long?
Hi My name is Bo a US citizen and needed some advise on returning to the Ukraine, I came back to the US the 3rd of June 2013 after staying there for almost 6 months, almost 3 months overstayed my 90 days allotted time on my passport. I was not given a hassle leaving at all at Kiev but had to pay 900grn ($112.00 fine) for overstay. I want to return as soon as I can and know that I will have to wait the 180 days or do they count the time I overstayed as that would be almost 9 months before I could return. I do not want to take a chance and return in December this year and get turned away at border (Kiev) I also would like to get a multiple entry 1 year visa this time if I could and wonder what my chance I would of getting one since I overstayed. I plan on living there and will apply for a resident visa when I get there. I have been going to the Ukraine now for 15 years and my ex-wife is Ukrainian. I’m retired and have a Pension every month so I have a decent income to be able to live there as people there live. I have also considered flying to Warsaw and taking a train or bus to Kiev, I would appreciate in help you could give me on this.. Thanks very much,,,Bo
I’m not sure what exactly you’re asking, apply for the visa and see how it goes?
Hey, this has been a very informative article and comments section, thank you so much.
So, I’m one of those US citizens that just didn’t really give the visa any thought, and now I’m sitting in a hostel in Vienna about 30 days overstayed and trying to plan my way out. I now need to go to the UK, and I’m wondering if there is a “best” place for exiting the Schengen… I had thought Spain would be the best idea because, well, I speak Spanish and I just thought they are probably the most lax and easy going. I’ve read some accounts that Germany and Austria are the absolute worst, as is Greece for some reason. Also, would it be an advantage or disadvantage to go through a small immigration point, like by boat from Holland or the Eurostar from Belgium or France? I also just had some Europeans suggest Poland which didn’t sound like a bad idea.
I’d prefer to go north through Poland or Belgium, but I’m wondering if I should play it ‘safe’ with the Spanish.
Also, will the UK care at all about my overstay?
Thanks so much for being here for us silly travelers. 🙂
You’re welcome Tess.
I think you’ve got a better chance in southern Europe, Spain for example, than the north. Although there are no guarantees, good luck.
Also, the UK shouldn’t care about your overstay.
An update: Warsaw to UK with no issues. I got very lucky. Thank you!
Hi,
I am an American and am trying to plan a way to go live in Italy for about 6 months. I work for an American nonprofit, but I work online/from home, so technically I can easily work from anywhere. If I plan to go to Italy and stay there for the entirety of the 6 months, would I be likely to run into problems exiting the EU and upon return to the US? Thanks
I can’t give you a probability, other than to say if you just get a proper visa (easy for a US citizen) you’ll have nearly no chance of difficulties entering/exiting.
That is what I would ideally like to do, but if I am not a student, and not able to get a longstay national or work visa (because I would be working through an American company), what proper visas are available to me? I researched and couldn’t find any, but maybe I am missing something. Thank you!
The Italian embassy website can best answer that question but a long term (usually 1 year) travel visa might be a good option.
Hi. Nice site. I’m considering deliberately overstaying my Schengen visa in France for an indefinite period. When I eventually leave France, I can cope with not being allowed back in if that’s the case, but I’d be interested in knowing whether to expect a fine before I’m allowed to leave.
A second question is whether I’ll be required to present my passport and visa when I book into hotels.
Any help would be appreciated. Thanks in advance.
Yes to the first and maybe to the second.
Damn. Another romantic fantasy trashed. But thanks anyway.
They will check your passport, or some kind of ID (sometimes they’re ok with just my driver’s license, if it looks like it’s going to be hard for me to dig out my passport), but they do not go through it and check your stamps and calculate how long you’ve been in the country. I’ve never had any hotel or hostel look past the first page of my pasport. The only time besides at immigration where they might check is when you’re on an overnight train—once from Milan to Paris they took my passport at night and returned it in the morning, and I imagine they checked the stamps, but not sure.
Hello:
I’m a U.S. citizen who made an honest but potentially-costly mistake. I entered the Schengen Area on April 23rd, left for about six weeks to the U.S and UK on May 15th (22 days in Schengen so far), then entered from the Schengen area again on June 29th and plan to leave out of Berlin on September 26th (an additional 90 days). That’s 112 Schengen days of the past 180, which is definitely an overstay. I didn’t do this intentionally; I thought the same stupid thing a lot of Americans who don’t do research before traveling think, that “the clock will reset when I leave and re-enter.” Not so, it’s 90 NON-CONSECUTIVE DAYS WITHIN THE PAST 180 DAYS. I’m clearly in violation.
Important point: I have just enough money to get home, NOT ENOUGH FOR A FINE ON THE WAY OUT, not even on a credit card, they’re all maxed out (long story).
I know the consequences range (with cruel randomness, I read) from nothing at all to a fine of 1200 euros and a re-entry ban of one year to life. I’ve read about people in Germany being thrown in jail (this sounds far-fetched to me) and about passports having “ILLEGAL IMMIGRANT” scrawled on every page in red marker by an angry immigration official, who makes a “BAN THIS PERSON FOR LIFE” note on your SIS record. On the other hand, I’ve read about French and Spanish officials stamping passports and waving people through without even looking up from their desks. I know, I know — it all depends on the agent you get, the mood they’re in, how suspicious you look, etc., and I’m not asking for a fortune teller reading. Just some advice on which of these options makes the most sense to you.
The options I can afford right now are:
1) Fly out of Tegel to NYC as planned
—- Risks as outlined above.
2) Change flights by flying from Tegel to London and from London to NYC.
Pro — The advantage would be that EU –> UK flights tend to get less scrutiny, is that the case and would it work to my advantage?
Con — My main concern here is that supposedly the UK officials can and will send people back to Germany for a Schengen overstay, from which I’d be deported at my eventual expense to the U.S. Is that a significant enough risk to nix this option?
3) Change flights by flying from Prague or Warsaw to NYC.
Pro — I’ve heard Polish and Czech officials are lax and that I’d have good odds of getting out.
Con — …maybe not, maybe a waste of money and not much better odds than leaving from Berlin?
4) …any other options you can think of that won’t involve crazy schemes like taking a boat to Albania? 🙂
My main goal here is to be able to re-enter Europe legally and reliably, as I have a lot of personal and business connections over here that are very important to me. Even if I make it out without a fine, is it possible or likely that I’ll be denied entrance on revisiting in, say, a few months’ time? Or a year? Even after going through all of this worry?
One last question: any advice for talking to the customs official to explain my situation? I’ve heard they can be pitiless, especially in Germany. I do know a bit of German, so that could be helpful. But any advice on how to present myself and my situation would be appreciated.
Thanks a lot for reading my sob story. Best wishes,
-Carlos the American
Find the best flight for you and book passage home. Staying longer doesn’t help your situation, you’ll have to take the risk of a fine or ban. Other schemes will cost you money (i.e. flying out from various airports) so go the straightforward route. If you are stopped, be relaxed and absolutely honest. Just don’t make the same mistake twice.
Thank you for the quick reply!
So, just to recap — in your opinion it’s not worth it for me to take the train to Prague or Warsaw and fly from there? I have a flexible ticket, can change departure at no cost. I could also move departure up, could even leave this weekend, would that be advisable in your opinion?
Again, thank you so much for weighing in, it’s so much appreciated!
-C
You’re welcome Carlos. Since nothing is guaranteed, you’re likely better off going with your original plan; leaving as soon as feasible.
If I may comment, having gone through something similar recently, if your flight is indeed flexible then it might be worth it to fly out of a different country. The Germans love their rules, bless them! If the cost isn’t too much greater, then it might be worth it. If it is a drag, then I say don’t worry about it, think VERY positively when walking up to immigrations, imagine yourself sailing through easily, and be honest at all moments—these guys are professionals and have heard every lie! Do what your gut tells you though, if you can. If you think it will be OK to leave from Germany, it probably will be. You haven’t committed such a huge error, just a small, reasonable one. But yes, I do think any other country but Germany and Austria is easier to slip through…. ha!
Good luck, let us know.
US to Australia and back. My 22 yr old is in Australia for his 2nd time on a 3 month Visa. His Visa expired 8/30/13 and he has no money to get back to the States. What kind of issues will he encounter when he finally is able to return?
Check the Australian embassy’s website.
Hey…ill be visiting curacoa…I’m a holder of a Jamaican pass port and my boyfriend, he’ll be studying at the Caribbean medical school for 1 year..he’s from the US.. He got a vacation home for a lease of one year and I have travel insurance to curacoa for a year…will I be legit to get an extension for an entire year in curacoa?
I don’t know, best to contact the appropriate embassy.
I see Anil is censoring my advice that can be very useful to this guy.
I block your trolling comments, which there have been more than a few.
Perhaps in your ill mind.I took this thread seriously and so far I spoke nothing but my own experience
Hi sir . I have one question plzz if u can help. I went to denmark tarnsit through frankfort airport , i overstayed my visa for 7 days but i didnt notice that until i get back to frankfort airport to travel to my country . The embassy in my country put me the period of the visa start exam: 20/02/2013 until 20/05/2013 but the number of days is only 30 days that what i didnt notice it i swear. I thought its 90 days!! So i overstayed 7 days there . I sat 37 days. The officer in germany told me i overstayed and he take me to office and let me sign some papers and he told me they will reply to u but until now nothin the case since 6 month almost . I payed there 120 euro he told me i gave u fine because u enter germany Illegal and stay in germany Illegal and he checked my boarding pass coming from denmark . I explain to him everything and told him thats not my first visa i have 5 visas before and i didnt overstay any of them because my wife and my son in denamrk and they sent me an invitation, iam not idiot to do it but i swear its misunderstand. He told just pay now 120euro and we will send u a letter what happen but nothin till now. Any problem for that like ban ?? Plz help me if u can cause i want to apply fpr new one now . Thanxxxx.
Didn’t they give you any contact information for your inquiry?
Yes sir , they gave me a paper which shown the crimes ( lllegal enter to germany and lllegal stay in germany) and the officer name and the case number only .
Call their immigration office or try to apply for another visa; if you get one you should be in the clear.
Do u have any idea for such cases what will happen . And anyways i will try to apply for new one and see whats happen !!!
Unfortunately, I’m not sure in your case…
hy there …. just a very very simple question , if you are so kind…
My case…
In 2005 I went to U.S. Whit my Italian Pass… , I get in a romance (but i never get married or something) and I get separated… (3 years in total overstaying my turist visa Waiver), in that time my European Pass Expires, But I was confident cause my Other Pass (Argentine was OK , @ that time.), so I decide to go back to Argentina… Then I went Back Whit my Pass Arg.
Alright then…
Here I Make Another Pass (Renovation ) Italina ( A Brand New One)
Here is the question ….
What could happen when I try to enter to U.S. for turism again… (now 2013) ???
Many Thanks
You’ll find out when you apply for the visa.
very good idea !!! So clever !!!
I can’t predict what may or may not happen so the best advice I can give is to try for the visa and hope for the best.
my two passports have names that dont match.
For real.not troll
What should i do?
Depends on the details, countries, and situation. You know my general advice: call the appropriate embassies.
Hello,
I’m a Canadian citizen who has overstayed his 6 month on entry visa to the US by 10 days. The reason was that I was waiting for a new passport and some errors had been committed by the passport office in Montreal which extended the process a bit. Canadians may not get a passport renewed in the US; we must apply by mail to a passport office in Canada.
I now am in Asia but would like to go on holiday to California for a period of one month. I exited the US with a new passport and have no stamp in it. They said nothing.
If I had any kind of ban, would I already aware of it? Should I go check with a US consulate here to see what is my status in the US? Although I am a Canadian citizen who only overstayed by 10 days, I might still have a 3 year ban.
They would have let you know, you should be ok to return within the rules.
I’m a filipino,working in hongkong..my boss bring me in france,my schengen visa expires on oct.20 but my visa in hk s until sept 2013,do the immgration n france let me back in hongkong or deported me to the philippines f i will go back on july 2013?
The airline may not let you board without a valid visa.
Hello, I am a US citizen and 5 years ago while living in Italy, I had overstayed my 90 days by about a year and a half. I have been back in the US for the last 5 years working, owning a home, etc. I would like to travel back to Italy later this year as a tourist and plan to stay only about a week. I’m wondering if I should expect any problems with re-entry?
When I left Italy after my overstay, I did not have to pay a fine but they did casually mention that I shouldn’t come back for 10 years. It wasn’t written so I don’t know if this ban was recorded or if it is really enforced.
I was considering renewing my passport so that I’m not carrying my old one with all of the stamps. Is this necessary?
Any advice you have would be appreciated!
I’m guessing based on that, your overstay wasn’t recorded anywhere. In that case, with a new passport, entry to Italy should be okay, but there are no guarantees.
Hi I am a GREEN CARD HOLDER in USA.my 2+ years son is in India. He got T visa But i was unaware about the process. Now he overstayed about a year.What is the consequences can be .I am in USA and can not go India for six months due to some reasons.Definitely it will be hard things at Airport at departure time for my son. What is the best way for solution. Can i transfer his T visa into X visa??? Please help me.Hope you will have a advice.I would appreciate.
Thanks
Nikki
I can’t be of much help outside of basic tourist visa overstays.
Hey
My partner and i have both just come over to uk from new zealand on a youth mobililty visa which is all good , but we are now really keen to work a season in the french alps. Aprently we can be in france for upto 3 months and work but employment will be upto 5 months for the season . We are in the uk so we cant really go back to wellington to apply for the visa in person.
Can we apply in the uk nz embassy or can we over stay or board hop some how. !!?
Any thoughths will be helpfull on this one.
Thanks cam
I’m not certain but the New Zealand embassy should have a good answer for you. Good luck!
As a NZ citizen u can stay in Europe up to a year.it s not Canada or US
Hello my boyfriend and I met 5 years ago in New York, I am Trinidadian and he is Canadian, I have returned to my home country of Trinidad almost 2 years ago, and my boyfriend came with me and stayed almost 10 months ( he had applied for extensions every three months ( twice ) and got them, but the last 3 months he overstayed without getting an extension. He returned to Canada 9 months ago and now wants to visit Trinidad again in 2 weeks, I will like to know if he will be allowed to reenter Trinidad without any problems, also is there anything he can do to guarantee entry. Thank you.
I’m not sure, I don’t have any experience there. Can he apply for a long-term visa prior to his trip? That might make things easier overall.
Hi I have a friend that’s down in mexico and she’s a u.s. citizen, she doesn’t have the funds right now to get back, what happens after her tourist visa expires in a few months and how can she renew it to stay a little longer?
I’m not sure if there’s a long-term travel visa option, but something to look into.
Hi I am French citizen in Hong Kong on a tourist visa and just realized I overstayed 2 months! What do I risk when I leave and will I have to pay a fine? Thanks in advance
You’ll be able to find out through your embassy’s local website.
when you overstay multiple business visa 4month and
you want to go back to that country how many years
ban? is urgent
Depends on all of the circumstances you haven’t mentioned.
i overstayed my visa and same time my passport lost, so i go and get police report for a new passport and got new passport with a different passport number but my name and rest of my details are still same. can any one explain how this work. will they know if i overstayed my visa? when i go back to that country. urgent
It depends on the country you’re overstaying in.
i overstayed india with my business visa and same time my passport lost, so i go and get police report for a new passport and got new passport with a different passport number but my name and rest of my details are still same. can any one explain how this work. will they know if i overstayed my visa? when i go back to that country. urgent
Likely they’ll impose penalties when you eventually leave.
i overstayed 2 months in india with my business visa and same time my passport lost, so i go and get police report for a new passport and got new passport with a different passport number but my name and rest of my details are still same i use that my new passport get a new tourist visa can they allow me to re enter india
I’m not sure, contact your embassy.
i have 4 month india business visa writing not to exceed 45 days i stay in india 98 days not knowing that i will register at frro withing 14 days arrival when i want to live india to my home country they told me that have to meet frro Mumbai when i go there they told me i have to bring 2 small passport, address were am living, resit of what bought,finger print,after that they corrected fine of 1679 rubes they did not give me any paper i go back to my home country after 1 month letter i get fresh new visa to re enter india at mumbai port of enter they send me back without saying any thing please i want to the problem urgent
i have 4 month india business visa writing not to exceed 45 days i stay in india 98 days not knowing that i will register at frro withing 14 days arrival when i want to live india to my home country they told me that have to meet frro Mumbai when i go there they told me i have to bring 2 small passport, address were am living, resit of what bought,finger print,after that they corrected fine of 1679 rubes they did not give me any paper i go back to my home country after 1 month letter i get fresh new visa to re enter india at mumbai port of enter they send me back without saying any thing please i want to the problem urgent
I really don’t understand your situation, contact your embassy for the most accurate information.
I overstayed my Schengen time by at least 180 days or more. But here I am, back in the U.S. (with much help from the U.S. Embassy in Athens)!
Hi Anil,
I can see that this thread hasn’t been commented on in quite a while but I’m hoping you are still around and able to provide me with some advice..
I am a Canadian citizen and came to Italy on a 9 week internship back in October 2013. My 90 days of “visa-free” traveling would have ended on January 6, 2014 but I decided to stay until April 2 (extending my internship). I will be flying out of France and have only the one stamp in my passport that I got on my way in to the EU.
I have to say that I am more than a little bit concerned at this point..
To make things even more strange, I am wanting to return to Italy after 3 weeks at home (extend for a third time). This will now be from the end of April until the end of July. This might make it easier to figure out;
Left Canada (to France) – Oct 6, 2013
Returning (from France) – April 2, 2014
Reentry (directly in to Italy) – April 27, 2014
Leaving EU for a long time (from Italy) – July 27, 2014
What are my biggest problems that I may face?
Thank you in advance. Any insight would be greatly appreciated!
K
Hi Kyle,
There are a few new comments here a week, it’s just not sorted chronologically any more:
http://foxnomad.com/2014/01/07/foxnomads-got-new-comment-system-perfect-time-ask-feedback/
Back to your question, you can forget about all of the in between flights. Since it’s all within the Schengen, it’s the Oct. 6th entry date and July 27th exit that counts. You may face a fine and/or potential Schengen ban. Not much you can do at this point but try to take your chances.
Next time, have the company you’re interning for get you a longer-term visa (e.g. 1 year+) Good luck.
hi anil
my name is vaibhav.I am a indian passport holder who went to New Zealand on study permit but how so ever overstayed there.Now back in India but wanna apply for a canada student visa .Will there be any problem in that
I would think it’s unlikely.
I have overstayed in india on my business visa (around 2 months)2 years ago and since then i have never step in to india. I have been travelling within African Now, i plan to visit india again, would i have any problem of entering to india
Possibly but it’s hard to say, the only way to find out is to apply for the visa.
My sister has a bf at Holland and she’s engaged it’s a long distance relationship, problem is she is in the u.s but her parents brought her here not legally . So she says she wants to move to Holland …can she move over there to Holland with her Mexican passport, from here to the u.s to eaurope ? They want to get married here in the u.s ,then move to Holland .can she just go over there with just her Mexican passport and then fix over there ?
I’m not sure and wish I could help. It should like you might want to talk to an immigration lawyer.
I’m a norwegian citizen, staying in Thailand. I only have a 30 day tourist visa that I recieved when flying into the country. I am doing a course here (school) for 4 weeks, and then i intend to stay for another 18 days. These 18 days will be overstaying my visa. What will happen if I do this?
Why not get a student visa?
I overstayed my B visa in USA, by four days, is my visa void now? (expiry on visa in year 2020). Can I use the same visa to enter again for a short term to attend a convention? I contacted the US consulate in India and they replied saying the visa is valid and I can travel but the entry would be decided at POE. I have reason to show and I am apologetic for this mishap. What are my chances of being let in on same visa? I would rather cancel the trip if the chances are very thin and if this is considered a big misdemeanor. Will this affect in me getting a new visa in future (US, UK, EU or Canada)?
What is the best way to rectify this. Please reply at your earliest. Thank you!
I’m not sure what the chances are to be honest, perhaps someone else on the thread with experience in a similar situation can be of more help.
hi
I m leaving illegally in UK for last 2 yrs I had been here as a visitor visa before 2 yrs back.
now i m afraid if i will catch up so the immigrants Dept. will punished me or what ??? what is a rule for a overstaying in UK. or i can apply for something else pls help me
Talk to your local embassy or an immigration lawyer for more help specific to your situation.
I have a friend that is an Italian citizen but resides in the US. He went to
Ghana on business and over stayed his visa by one week…what is going to happen when he goes to the airport…will he be allowed to leave or are they going to shake him down,,,what is the law
I’m not sure, the Italian embassy might be of some help.
Great article Anil,
I’ve been in the US for 5 months now with my wife. She’s a US citizen and I’m Canadian. We got married just over 2 years ago and were living in Canada before the 5 months here, but decided after coming to the US that we’d live here instead because of better opportunities. I never received an I-94 when we drove through the border and we need that alien number for the papers we’re filing. We were told by an immigration lawyer to leave that blank and just put the date of entry when asked. We’re filing all the papers next week, but my 6 months is almost up. Our concern is: I was told by that same lawyer to not leave the US because I will be denied re-entry from Canada if we left. But we don’t want to go back anyway. Will they make me leave while the paperwork is being processed? That is our worry. Thanks for your time. 🙂
Hi Rob,
Thank you. I wish I could be of more help but can’t really advise other than to say, it’s best to stick with what the lawyer tells you. If you’ve not already signed a contract with them, ask around to another lawyer or two to confirm or get a second opinion. I don’t want to lead you wrong, best of luck!
I have been in London since March 28 and I am leaving on November 25. My passport allows me to stay here for six months and the 28 days after that. I am planning on returning in June of 2015. Do you think that will be a problem?
It could be.
Up date to the situation and a few more details.
Like I said previously I arrived here on March 27. My boyfriend has cancer and while I was here he started his treatments. I decided to extend my trip. He has been unable to take care of himself.
After reading about being banned and all I decided to rebook my ticket and leave on Oct 24. I think I am with the 28 days of the overstay to not be banned. I still want to come back in July or August to see my man. What I want to know is considering the circumstances surrounding my slight overstay what do you think my chances are that I will be ok.
Again…
Arrived on March 27 and leaving on Oct 24. I am a US citizen in the UK
It’s hard to say (what your chances may be). If staying is an option, your embassy may have a solution for you in terms of a longer stay visa, which may be easier to obtain while you’re still there. I hope you’ll come back and be able to update the process and if you have any problems on exit.
I have a problem I got a schengen visa with an extra of 15 days without noticing that I had extra days but I applied for a new visa and they noticed that I had extra days so I was told that it might cause me a problem of not getting a visa. So is that really my fault?
I’m not sure exactly the situation you’re describing but yes, the responsibility lies with you.
hi there
Im over stay here in US over 70 days i’d like to apply a canadian visa is it possible that i can apply canadian visa eventhough im overstay in US
Sure, you can apply.
I am in Dubai on tourist visa. I apply for one month visa from India but when i received Visa its valid for three months but who issued me visa they said i can stay only one month. Now my one month going to over can i extend my return ticket date or can i come again on this visa after one time return to India
Please someone tell me
It’s best to ask your embassy. Sorry I can’t be of more help.
my ex boyfriend’s visa expired two years ago, he first told me he has 40 days to come up with any information to allow him to stay in the country. He is the father to my daughters child but i did not put him on the birth certificate. He has now asked to be put on my daughters birth certificate, i told him no. He has said he is taking me to court. How has he been allowed to stay in the country with an expired visa? if its goes to court will i be forced to give him some parental rights?
This is beyond tourist visas, I’m sorry I can’t be of any help. It’s best to talk to a lawyer who can help for your particular situation. Best of luck.
Hello Anil,
I saw this blog and I found it very interesting and helpful, that is why I write you, hopefully you still check it.
I’m planing to go to France to spend some time in Europe just for the experience of living abroad and to learn the language (I will not work), I will stay with a family that I know and they will cover my expenses (they are not French, they work there under visa permission), today I’m 16 years old (will become 17 in couple of months) so I plan to fly with the proper documents showing permission from my parents, I plan to go as tourist but I plan to stay from Feb 2015 to Dec 2015 which means I will overstay the 90days period given for American citizens (I have double nationality American and Mexican but only have American passport), my question is:
– what kind of issues I can face when I want to go back to Mexico (I plan to go back to Mexico in Dec then in Jan 2016 to the US)?
– when I’m at the airport in France what are the chances to get caught? (consider I will be 17 by the time I leave)
– what would happen if they realized I overstayed?, they will not allow me to take the flight to go back?
– they will allow me but will give me a fine? (you have idea of how much it cost?)
– will they deny to me to reenter in the future (I don’t have plans to come back to Europe at least in the next 5 years after)
Sorry for too many questions but I will appreciate if you can help me on each one of them, thank you,
Regards.
To answer your questions:
– what kind of issues I can face when I want to go back to Mexico (I plan to go back to Mexico in Dec then in Jan 2016 to the US)? << fine, ban from France/Schengen for a few years
– when I’m at the airport in France what are the chances to get caught? (consider I will be 17 by the time I leave) << Hard to say but longer the overstay, the greater the chances
– what would happen if they realized I overstayed?, they will not allow me to take the flight to go back? << you can leave after paying a large fine and likely being banned from reentry for a few years
– they will allow me but will give me a fine? (you have idea of how much it cost?) << you can check their immigration site for the details
– will they deny to me to reenter in the future (I don’t have plans to come back to Europe at least in the next 5 years after) << possibly. Since you have U.S. citizenship, I would recommend looking into legally staying with a 1 year visa or looking into what options are available.
Thank you Anil for such quick reply!
So based on what I have read, if Im American passport holder the chances to be caught are less, let me ask yo another question:
How probably is that the officer at the airport check the date of the stamp (of course it is always a risk!), normally they just take your passport and stamp it (but as Im under 18 Im not sure if they will put special attention)
Anyway, do you have any other advice (besides a legal stay of course) for me that may help me to avoid been caught?
Thank you and have a happy new year!
So based on what I have read, if Im American passport holder the chances to be caught are less << no but the chance of you getting a longer term stay legally is good.
How probably is that the officer at the airport check the date of the stamp (of course it is always a risk!), normally they just take your passport and stamp it (but as Im under 18 Im not sure if they will put special attention) << almost 100%, it’s one of the few things they’ll actually look for.
Also, you might have reason to go back or stay, so if you overstay, it will hurt those chances. Check into getting a 1 year visa, it might not be so difficult.
Thanks Anil,
Base on your comments I’m already looking at the chances to get a 1yr visa, I will let you know how it goes…
Thanks for your help, you’re making a great job here!!
Good luck, I look forward to hearing how things go!
My husband and I just got married and we thought we had enough funds for him to stay but we dont and he has to go back to holland, the only problem is his visa will expire in two days. Will there be a problem with him re entering the US?
He’s a US citizen?
hii
i have oversatyed in malaysia five months previsous year on turist visa and i come returend to india i again wish to go to malaysia so how can i go there?
is there any way?
i have a flight booked back to oz from the uk in 3 days and i arrive in the uk from poland tonight only just relised i have mucked up dates and my visa has ran out will they let me in so i can get my flight in 3 days i have paid for flight and have all the info with me
Overstayed in Poland?
no uk i went to poland for a week before i go home to see friends
They’ll let you leave, that won’t be a problem.
is there a possibility to being deported at the time of traveling with in the US by air with an expired tourist permit? The passport is current and the visa was grated for ten years but the permit to stay in the US expired three months ago. The person with tourist visa has over stayed the permitted time. any response is greatly appreciated
I don’t know, sorry.
Hi Anil,
I stumbled upon your site and have found it ever so interesting! Been reading the posts for hours hoping to find an answer to our situation.
I hope you can help. My fiance and I have been searching for answers to no avail, searching gov sites, calling embassies and getting no one to help at all. Just automated recordings that goes in circles, telling us to go to the sites we’ve already searched.
I am a US citizen living in America and he is a UK citizen and lives in England. We have been visiting each other for the past two years. I go over on the 6 month visa free access to the UK. The last time I went I arrived April 24, 2014 and returned to US August 4, 2014 leaving me a little more than 11 weeks on that visa. I do know that I can start it over again for another 6 months on April 24, 2015 but I am wanting to go back again some time in March, 2015 off to the remaining time and stay til sometime in August.
Now here is my dilemma:
If I’m there during my remaining time left from last years stay and the start of this years will I still get my full 6 months when April 24, 2015 comes around?
If not, to get my new 6 months could we fly to Spain or one of the other countries in the EU for a few days during my start over date to start fresh again being they use the the Schengen visa, which I just learned about here on your site?
I know it’s only a matter of about a month but I want my time in case I want to go back again before April of 2016.
Also in June we have a 2 week holiday at Cape Verdi, so that 2 weeks away would allow me an additional 2 week, correct?
I do learn a little more each time I visit from border control but they don’t offer to much and it scares me to ask to much as they are very intimidating.
We just don’t want to screw anything up so there won’t be any problems in the future. My main goal is to eventually move there.
I would appreciate any help you can give.
Thanks for your time. Sorry it’s long but trying to explain it best I can so you understand it all.
Hi Darleen I’m not sure if the time will reset. I am guessing that it won’t. Though you or he can probably get residency easily in either country, especially when you get married. That would solve the issue with visa times for you.
Hi again, so your saying even if we fly to Spain or France or such during my start over date, that wouldn’t work either? Do you know of the closest place we could fly to for it to start over
Thanks again, Darleen
I think this article will help clear up any confusion:
http://foxnomad.com/2014/09/16/properly-calculate-number-days-left-schengen-visa/
Ciao — I’m a US citizen and been in Italy since Jan 1 15. I’ve read a lot on the subject of Schengen and non-Schengen zones, rules, etc. I understand I have 90 days. Is it or is it not true that if I leave Italy soon (my departure from Rome is suppose to be March 31 but I can change it)before my 90 days is up and spend 4-5 days in Croatia that when I return it is looked upon differently because I was in a non-Schengen territory? Meaning, they digitally stamp my passport and I get another 90 days in Italy? This is maddening because I’ve heard so many different stories from actual travelers who have done it and the result is contradicting evidence. I want to stay longer, as I really don’t have to be back until the 2nd week of June. Will you please tell me if my plan is LEGAL or ILLEGAL. I have researched the visas. I’m self-employed and would like to get a visa for that or an extended visitor visa. Is it too late to do that if I am suppose to scram March 31st? Sorry, a lot of info. (0)
No. You have 90 days out of every 180.
I have applied for a Schengen visa, but I am having a long overstay in US.also for the last three years I have settled back to my hometown. I would like to about any consequences regarding this asap. Thank you
Wait to see what happens with your visa.
hi I’ve been illegal in australia for just about a year and plan on travelling home thru the u.s staying there for 2 weeks ,should i expect problems entering the u.s I’m Irish travelling on an Irish passport.Thankyou
I’m not sure, likely not but maybe best to check with your embassy.
I was denied entry back into Spain, because I overstayed by some 27 days, and trying to re-enter 10 days later. My question is…I plan on returning some 94 days after my last departure stamp in my Passport, will I have trouble re-entering? (The passport control person told me simply to count 90 days after the last departure stamp).
There is nothing in my Passport that indicates I was denied entry, so will they bother me? Also, I will be flying on a one way ticket from the US to Dublin (I’m well off financially and have the means to buy my ticket back the the US, after I get there) from the US to Dublin, and then on to Madrid…is there something I should know regarding re-entering Spain?? Thanks
I don’t know your citizenship but you can probably trust what the immigration officer told you.
Hi my sister left last year Australia to go visit her American husband on an ESTA visa. She also took her 6 year old son who is also on an ESTA visa.
They overstayed their visa requirements it is a 2 year ESTA but can only stay 90 days at a time.
I am travelling on Sunday to bring back her son, and she is travelling hopefuly with us or a week later.
Will we have any trouble at the airport going out?
As her son is disabled and I really do not need problems because he has overstayed his ESTA. my visa is fine.
Thanks
I’m not sure, sorry I can’t be of more help.
Hello,
I am a US citizen, living in the UK. I will be leaving in August to return, permanently, to the US and my wife is here in the UK visiting me. She has stamped in her passport a leave to remain date of June 12, 2015. She was told she would have to leave by that date. I don’t want her to have to leave until I leave in August. Do you have any advice? What happens if she just waits and leaves with me in August anyways? thanks.
You’re married, she’s British, getting a green card or long term visa shouldn’t be too difficult. Otherwise she faces a ban/fine for the overstay.
My wife is also American. She was told she would have to leave by June 12th. She has been diagnosed with a very serious Anxiety issue and my fear is for her health if she has to leave before me, even if it is only 49 days. Is there nothing we can do to push her date out to August with me? If she did happen to overstay the 49/50 days, what kind of fine/punishment would we actually be looking at? We don’t plan to come back to the UK or EU for at least 5 to 10 years. In August we are moving back to the US permanently. I really need her to stay and leave with me. Any advice would be greatly appreciated, thanks. I want to keep everything on the up and up but it is not a good idea for her to leave without me.
I would contact the US embassy to see what your options are, perhaps on some medical grounds for an extension or special permit to stay longer. (Especially if you have the medical paperwork.) Basically you face a fine on the way out and potential ban but it really depends on who’s checking passports when you exit.
Cool, I am looking into the medical and she has two more apts before she is even suppose to leave. Hey, thanks for the advice. I was reading on the home office page and there is an extension for receiving medical attention so we just need to talk to her Dr. and see what he has to say.
Just in case, are the fines listed anywhere?
They’re often ambiguous at best unfortunately and since they’re based on a number of factors, usually not a flat rate they can list.
hi
I wish to overstay my irish tourist visa by one day. what shud i say to immigration officer at airport?. My total stay will be 6 days in place of 5 days. I m indian citizen.plz help?
Do you know anything about border runs in Ireland? I’m American and want to stay there for 6 months doing volunteer work. I called the Irish Embassy in D.C. this morning which has you call an 800 number in Ireland and the person I spoke with said I can volunteer in Ireland with just a US passport. I can apply for Volunteer Visa but it’s not necessary. I did mention I was getting room & board in exchange for volunteer work and that didn’t seem to matter. I asked if after 3 months I can leave and come back again a week later since I am allowed 90 days in Ireland on a US passport and the person just repeated “technically with a US passport you get 90 days in Ireland and there is no set amount of days you have to be out of country before re-entry.” Hmmm? I imagine they don’t allow people to just make border runs and stay in Ireland indefinitely. Do people actually get away with this in actuality? Does it matter which country I border run to? Thanks!
These rules should apply:
http://foxnomad.com/2012/01/27/what-is-the-schengen-zone-and-how-do-schengen-area-visas-work/
I am staying in Portugal in WP with my family. Our WP expires on 16-June and as per Portugese norms we have to apply for temporary residence card . However due to pending backlog in the SEF office we have got appointment only in July 15 (a month after our WP expires) . I need to travel back to India on June 30 . Hence at the time I will have an expired WP. SEF portugal has confirmed that the fact that we have applied for extension legalizes this period of overstay and we can leave the country without any issue. I am worried about any implication this may have on transit countries or while entering India. Any help is highly appreciated
Thank you
Hi, I am curious how this situation worked out ok for you. I am in a similar situation in Portugal now, but even more extreme as there is currently a 5 month wait for a SEF appointment! My visa expires in May and my husband’s visa expires even earlier, this week (I had a temporary stay visa for research, he was told to enter on the visa waiver program for US citizens and apply for an extension once in Portugal). We both have appointment letters from SEF saying that our appointment is in August, which is five months from now and one month beyond when we will leave Portugal completely. So we will also need to exit the country with expired visas and appointment paper. We were also planning on other travel within the schengen area for holidays and now I’m not sure if we are allowed to travel or not with our ambiguous official “waiting” status.
I can’t be of much help here. It’s best to go with what they told you or consult a professional.
please i have a question. if someone enter Russia with student visa and wasn’t able to register his visa due to problem with the school and over stay 2years what is the implication and solution?
I am not sure, that’s well beyond travel visas. Sorry.
Hi,I have a question I stayed in italy for a year but i was trying to get my citizenship cause my grandfather is a italian , but i didn’t get it cause he renounced his citizenship so anyway i went in August then Came back to the US in Dec then went back again to try to get a school visa cause i was trying to live there but when i came in they never stamped my passport cause i explained i was trying to get my CS. So they didn’t. Now i stayed there got another type of visa so i stayed there until september. Now my problem is i’m going back again in july this month for 3 weeks will i have a problem??? will they send me back?
It depends a lot on the type of visas you had, restrictions, etc. If you cannot legally enter, you face the risk of being turned away at the border.
Dear Anil,
This is a wonderful forum and you are a great resource. I just read through as much as I could but thought I would ask your recommendation on my specific case as I am in a bit of a panic to get back to the EU for a work meeting later this month.
I am a US citizen and I work regularly as a contractor for a global network. We frequently have international meetings in the Schengen Zone.Normally I am only there for a month at a time but out of ignorance I overstayed my travel visa by 22 days. The Dutch border control did no ban or fine me but only told me I had to wait 3 moths for re-entry. Not bad however I have a critical work meeting in Berlin at the end of this month. I already have a plan ticket purchased that shows I would only enter for 1 week then return to the US. I have contacted the consulate and they told me there is not much I can do given the fact I already overstayed. Generally the 3 month rule is not an issue but this time it is so I am wondering: Is there an appeal I can make to extend my travel visa for this 1 trip? If so, who would be the best to contact? How likely is it that I would have an issue to enter Germany given that my boarder issue was in the Netherlands (i.e. whats the risk)?
Many thanks for your time!
I think your best bet would be to apply for a long-term travel or work visa if it’s possible. Talk to the German embassy in the U.S. to find out what your options might be – but given that you fly at the end of the month it’s unlikely you’ll be granted any permission in that short time. Sorry about the situation.
Hi there,
I am a canadian who accidentally overstayed my vacation visa of 6 months between 2104-2015. I thoght I had 6 months out of every calendar year as a canadian to travel in the states. I overstayed by 2 months and am now very worried as I have looked into it and realized my mistake. I have a ticket to fly to costa rica from the states, which is near to my home in canada, and where i usually fly from because it is cheaper, I plan to drive there and leave my car in storage. I have not gotten a return ticket yet but wanted to wait to keep my options open. Will I be allowed to drive throug the states to get to my plane the next day or will my overstay cause a three year ban?? I am worried that because I need to leave my car and re-enter the states they will think I may try to overstay again, but I do not intent to do so and wish I had know the proper infomation. Should I try to get my ties to canada and all my info in order and attemp crossing the border to catch my flight out to costa rica?
If you went to the US now would you currently be overstayed?
Hi, I’m going to visit my boyfriend in Brazil and I accidentally bought tickets for over 90 days. Now I’m staying there for 92 days. I’m from Finland and I’m wondering will I face any problems, will they allow me to enter the country etc. because I’m staying 2 days extra
It won’t be a problem on entry most likely but definitely could be on exit. You should try to change your ticket.
I overstayed my stay in Spain for 45 days because of a court summons I had to attend. I was told I would be penalized for 3 years. How can I fix this. My husband and daughter are there and I need to visit for Christmas.
I’m not sure, best to talk with your embassy first or local immigration.
Hallo.. I was a student in Austria and I have a residence permit as a student. But I want to travel around europe (the Netherland and Germany) for two weeks after my residence permit is expired. Is it possible? Will I get problem if I overstay for two weeks? And travelling outside Austria?
And my nationality is Indonesia, so I do not have the free visa for 30 days.
Thanks in advance. I really appreciate your help.
I’m not sure. It’s best to check with the office that issued the visa.
Hi i am builder ,me and my employers got
Paris visa for exhibition on document’s of my company.Two employers overstay there ilegally. So what to do ? And is there any probleme with me or my company? I am from india. Reply me fast plz
I’m not sure, it’s well beyond tourist visas.
Hello. This is a nice topic that I hope can help me to clear things out. I’m from Venezuela and I came in 2005 to the US with a tourist visa and overstayed. I got married years ago with a citizen and applied for adjustment of status after a year and was granted a limited 1-year permit to work. Suddenly I received a letter to appear at a hearing court for removal proceedings. I knew through my lawyer that the reason was because I failed to answer a letter they sent me (but I never received). I did go to the hearing and the lawyer asked for more time to study my case (1 year). After things happened and my wife left me basically. I’m still married but we are heading towards a divorce for sure, and now she lives in another city with her mom. Another year passed and the lawyer applied for asylum since I can no longer apply for spouse. My court day now is in 2018 but the lawyer says my chances of winning are extremely low.
So my question is, is there any possibility at all that I can adjust my status?
Also, if I travel to Europe to visit a very ill relative will I be able to come back? Will I be forbidden reentry for how many years if I do so?
Currently I’m going to university here but I have all those questions about my future and things I can and can’t do. Thanks for your help.
I really wish I had the knowledge to help in this particular case. It’s best to talk to your lawyer (or two). Leaving is probably not the best option but again, I can’t give you any legal advice. Best of luck to you.
So, Im a US citizen married to a UK citizen who has returned to school here for 1 year. Back home, there was no support in finding which visa worked and the one we applied for was denied simply because it was the wrong one. So my plan was to come over as a visitor and apply for a visa here because then we would be settled to remain here. Now, I have been told I have to apply from the US. I am unable to leave because my husband is in school and our son is here. I do not want to split up the family, it could take months to get a settled person visa. I only want to stay for up to a year. At this point, I am frustrated with the complicated process and lack of information from the UK site. I am contemplating overstaying even though I don’t want to. My intentions are to do the right thing but I just don’t know what to do. If I am here as a visitor, how will they know I haven’t left? They don’t stamp passports on the way out, so where does the information come from that I would have overstayed? Thanks in advance.
Have you spoken with an immigration lawyer?
Hi, nice article.
I have a question, if you overstay for 2 years in USA and then you want to travel from USA to a country in Latin America, for instance Brazil, with you passport normally, Brazil will deny your entry?
Thank you very much 🙂
Brazil won’t but you might have problems leaving the US.
Thank you for you answer! Well it is nice to know that Brazil wouldn’t care but why US would like to stop me from leaving?
They wouldn’t stop you but you might face a fine and ban on the way out.
I’m a Pakistani citizen. I’ll be entering in Turkey in November and I have a days tourist visa.
I am planning to enter Turkey on 8th November and leave on 17th November (exactly 10 days).
Would it be an issue if return flight gets delayed/cancelled?
Not if you’re already through passport control.
Are you sure? What if flight gets cancelled?
I’m pretty sure but remember – I can’t give a professional opinion. I’m just a guy on the Internet.
I have a friend who came to the USA in September of 2013 on a three month tourist VISA from the Netherlands. She was a VISA overstay for over one year beyond the initial three month period. She never had court or any other removal proceedings. She voluntarily returned to the Netherlands. Is she automatically subject to the ten year exclusionary rule? Could she be allowed to enter the United States again prior to the ten year period being completed.
As far as I know, no. But it’s best to confirm with a professional.
I am a US Citizen who has been back and forth to Europe for the last two years. While traveling i ended up over staying twice in Spain. The first time by two weeks, and the second time turned into a overstay because the plan to invest in some property did not pan out. Discouraged I flew out of Stockholm back to California. While departing these both times I did not hear a negative complaint from the immigration officers and did not get a black mark or anything on my passports. My best friend is getting married in London and I was asked to be the best man. The wedding is in December and in my research I have heard horror stories of Americans being denied entry into the UK. I would like to stay for around 6 weeks traveling around England after the wedding, as it will be my first time there. I will have return ticket, can provide cash on hand and travelers checks, bank statement, and proof of my business ownership, also travelers insurance if need be. But since I have so many entry and exit stamps from the eurozone will they notice the gaps in some of those dates and deny me entry? Would I be better off replacing my passport? I know its a loaded question, but any insight would help.
England is not in the Schengen.
Hi, Good article.
I overstayed my work visa by accident in the UK last year. I then went back on holiday there stayed for 5 months… went to Germany to run a race. I flew back to the UK and he said I’d overstayed and couldn’t reenter. He then refused my entry and put me on a plane back to Berlin Germany. He told me I now need to apply for a visa if I want to go back to the UK. Will this affect my chances of traveling in general? I had no intention of overstaying when he denied my reentry into the UK… as I still had one month left on my holiday permit (I’m from NZ).
My question, is, I’m worried I wont be allowed to travel abroad. (I’ve never been refused entry into any country before). Can you give me any advice? I’m thinking of visiting the US for a running race only and returning back to work (I’m currently working in Montreal Canada). Should I check with the Embassy before trying to visit the US?
I’m really stressed out of my mind because of all of this. I have no criminal convictions and didn’t know I’d be refused entry in the UK… even though I was truthful in everything I told them at the boarder. I’m even losing sleep over this.
Any help or advice would be much appreciated.
Aaron
Thanks. I don’t think it will affect your entry into other countries. Best thing is to follow the rules from now on.
Hi
I have a visitor coming from usa, what do they need, I hear usa ppl get questioned at uk airports and sent home. they are coming for 2weeks with a return ticket, but may want to stay longer whats max time, what do they need in terms of documents, money etc
will you be refused a study permit visa to Canada for overstaying a tourist visa to South Africa?
Hi,
My husband and I are thinking of going to Netherlands for 3 months in the spring. I am also signed up for a tour that will be 17 additional days in the summer. Can I go to the Netherlands for the 90 day visa stay, come home and re-enter on the tour a month later?
Any help would be appreciated.
What country are you from?
Nope. It’s 90 days out of every 180 for US citizens.
Hi,there.I’m people over stay in New Zealand one months because my partner violent me when I pregnant and I miscarried.
Now,I go back Vietnam How I can go back nz?
Hope hear for you soon
Thanks
Hey! I am an American who’s been in Paris since September 7th 2015, and i am probably going to leave the country some time this week. I have successfully travelled within the Schengen zone with no issue, even after December 7th. I was not aware of 90 out of 180 days rule before I had planned my stay, and I was terrified that I would never be allowed in France again, especially since I plan on getting a student visa to come back in September this year. On my passport the date 7/8/15 is stamped so what can I do to avoid getting an illegal immigrant stamp or not being allowed re-entry to France? If I get a new passport sent to me here with no stamp would that work?
I mean 7/9/15
Probably not. It’s best to contact the US embassy to see what your options are.
I have a question if my wife overstays and refuses to leave will they come looking for her if we both return to the uk from the us? just curious because the financial requirements are stupid and we can not afford that right now
Best to talk to a lawyer in this case.
I went to Turkey 17 years ago my visa expired i stayed for a few months and was deported…my brother is getting married over there in July will i have a problem going to turkey after 17 years?
Hi, I had overstay in Schenegan area more than 4 months . When I came Back they put 4 lines on Immigration stamp no Computer entry, want to know will i Get VISA again..
Thanx..
Hell. My parents got a 60-day visa from the Philippines to the Netherlands but i miscalculated the days and overbooked their return ticket one extra day. Cannot extend visa before departure due to lack of time. Do you think they will allow them entry and extend their visa here in the Netherlands?
Probably not. It’s best to change the flight dates.
I am an indian and on a vacation in Trinidad & Tobago (West Indies). Being an Indian I got VISA on arrival and as per the rules an Indian can get VISA for upto 3 months. But now I have noticed that the date on the VISA stamp is 26 April and My return is on 11th May. I landed in March end. Will be it an issue while leaving because my overstay will be of 15 days. And I can not preponed my tickets, now.
It likely will be an issue. Contact your local embassy.
Hi. I am a Filipino citizen. My Austrian boyfriend invited me as a tourist here in Austria ( two months Schengen Tourist Visa ). We are planning to stay for good in the Philippines, soon. But we are not yet done with some errands before we do that. We need another two months extension , we already called every agency and embassies regarding this matter. And it was so disappointing that they cannot give as a litte consideration. Can someone give us an advice what´s the best thing to do? It will be highly appreciated. Thank you so much.
If you cannot extend the visa, talk to a lawyer to cover all your options.
Hi Anil
I am a Belgian citizen, I plan to immigrate to Australia or Canada. I applied through the immigration website of both countries, but my age was a disadvantage, so my application didn’t come into consideration. I am 59 year old social worker.
I can go on a tourist visa of course, but what will happen after my visa expire? Immigration website says “you are not allowed to work with a tourist visa”. Is there any chance that I may apply for a different visa while I’m there before expiration of my tourist visa? The immigration website says “A working visa should be applied in the country of origin”. Is there any chance that I can stay an work?
Thanks
I wish I could be of more help. Probably best to talk to an immigration lawyer. You need to figure out which country might be easier for your particular circumstance, then plan a trip there to find a lawyer to work on the case. Or you can apply for a job in your field, perhaps contact some companies that could sponsor you perhaps? Best of luck, let us know how it goes.
Hey there, I was wondering if you could give me advice on re-entry to a country after I have overstayed on my visa previously?
I am from the UK and am in a long distance relationship with my partner whom lives in Dubai. I have travelled to Dubai many times with no problems apart from my most recent trip. With my UK passport I get a 30 day visa upon arrival. My Trip itinerary was as follows:
Dubai Entry: 5th May
Dubai Exit: 8th May
Philippines Entry: 8th May
Philippines Exit: 24th May
Dubai Entry: 24th May
Dubai Exit: 18th June
On 18th June I was told at immigration that I had overstayed my visa and had to pay a 700 Dhs fine. I thought that when I came back to Dubai on 24th May that I would get a new 30 day visa upon arrival and explained that to the immigration officer. Nevertheless I was about to miss my flight so I paid the fine and got home safely. Now I am worried if there will be any issues if I visit Dubai again?
Advice would be much appreciated, thanks very much 🙂
in how many days an indian tourist visa holder gets a free return air ticket to there home country through hongkong immigration … if the person have no many to book there air ticket
I don’t understand the question.
Living on my boat, retired, in Greece of USA Nationality (born & raised) Passport United States. Purchased Boat in Turkey Dec. 2013 maintained legal residency there until conflict within country (ISIS) bombings etc. advised by US Embassy to please leave for safety reasons. Left and arrived in Greece on April 20, 2016. Arrived on Crete May 4, 2016 requiring no Visa stamp because of country of origin so I applied for Visa extension until Aug. 16, 2016 granted no problem there. Boat was in middle of renovation in other country now needs to be finished. Went to Immigration several times now and was told she can do nothing about residency even though I inquired with plenty of time to complete the process. She stated come back and see me in 7 years, is this a known practice here? I was miffed to say the least at her candor and her attitude of it is not an important issue concerning my stay here. If I overstay and I am very willing to pay the overstay fee upon exiting the country in a few months, Do I have to worry about being forced to leave since I am on the water in the harbor right in front of coast guard? Just do not want to get woken up in the middle of the night and told I must leave NOW.
I wish I could be of help. It’s best to check with your embassy as that’s a situation more involved than a simple tourist visa stay. Best of luck!
I overstayed my j1 visa here in USA for 1 yeat and half,and now planning to leave nxtweek sept 9 2016 and dont have a plan to comeback here. My question is are they going to allow me to leave the USA going back to my country?there will be any problem in my departure since i already got my ticket?
Thank you for getting in touch. I can only give you general advice but if you’re looking for specifics, please feel free to send me your questions or set up a call through Plansify: https://www.plansify.com/anilpolat/
Id like to know. I have a Korean visa that will expire on Nov 23, 2016, single entry. I will be leaving for Korea on Nov 22 since I will be arriving from Dubai on Nov 21. I will be staying in Korea from Nov 22-30, 2016. Will that still be okay. I understand that as long as I enter Korea before the visa expires, there will be no problem staying until Nov 30. Just wanted to be sure. Thank you for your help.
Thank you for getting in touch. I can only give you general advice but if you’re looking for specifics, please feel free to send me your questions or set up a call through Plansify: https://www.plansify.com/anilpolat/
I went to Holland as a tourist and overstay for 2.5 years looking for better opportunities (which i didn’t found), i decide to get back to my country (Panama) with my dutch partner, we exit Europe via Germany and i got caught at passport control……The police officer made a copy of my passport (by then not a biometric passport) and also took a picture of me……
My concern is:
1. I didn’t got a fine for overstaying
2. I didn’t got any stamp on my passport that mention i over stayed
3. He did not mention if i was banned to enter Schengen territory or for how long, i just got the normal exit stamp on my passport and that was it.
After 3.5 years travelling around latin america and a successfull web development career, we are planning to get back to Europe just for 2 months as part of our world trip. My worry is, if i am allowed to enter again, its being 3.5 years and i got no clue if i got a ban or for how long? I don’t want to spend money on a ticket, travel all the way there and being forced to return with the next flight. Is there a way i can find out if i ever got a ban is lifted already?
I know all of this is my fault, but things changed and we sometimes make stupid mistakes when we are younger.
Thank you in advance.
Thank you for getting in touch. I can only give you general advice but if you’re looking for specifics, please feel free to send me your questions or set up a call through Plansify: https://www.plansify.com/anilpolat/
I am A USA citizen and am staying in Plettenberg, South Africa. I renewed my visa after the first three months for three more months That will make a total of six months at the end of November I have been in Plettenberg Bay, SA. I want to stay here for another year but the laws changed for visas in SA. Are there any options other than going back to the USA to renew my visa? Can I leave South Africa and go to an office in another country other than the USA to renew my visa? I do not wish to go the the USA to get another extension if I can avoid it. I thank you for your replies
Thank you for getting in touch. I can only give you general advice but if you’re looking for specifics, please feel free to send me your questions or set up a call through Plansify: https://www.plansify.com/anilpolat/
Hello Anil,
A relative of mine traveled to the United States from South Korea and overstayed his tourist visa by just over one year.
He is ready to return to South Korea and does not intend to return to the United States. Will he be fined for the overstay?Are there any other difficulties he could expect while traveling back to his home country?
Hi Steve, a fine and a ban or both are possible. If you’re looking for specifics, please feel free to send me your questions or set up a call through Plansify: https://www.plansify.com/anilpolat/
Hello. My boyfriend enter to the us without needing a visa (He is Spanish Citizen) but he overstay in the us for 5 years…. It is there a possibility that he can enter again without a visa ? or how long does he have to wait to be allowed to the country again?
Thank you for getting in touch. I can only give you general advice but if you’re looking for specifics, please feel free to send me your questions or set up a call through Plansify: https://www.plansify.com/anilpolat/
Hi! New to the site and love it! Wish I had this sooner. Unfortunately Iam one of those that had over stayed while in Europe (I didn’t know about the Schengen Agreement). Once i realized I had overstayed my host family and I met with an attorney to see what my options were. Dealnig with the attorney was helpful but very timely and in the end I was not granted permission to stay. So I booked the first available flight home. All of this time added up and due to very limited flights offered through a points program I used I overstayed about a year. I got home no problem but I would still love to travel and visit again with my family. I’m extremely worried about being denied entry or worse. is there anything I can do to fix this problem or avoid this? Also what happens if I’m trying to enter a different country than the one I overstayed in?
I can’t help but notice the high volume of comments on this post. It seems it’s a very common problem. Is there a group advocating to change visa policy or a group advocating for better solutions for travelers?
Did they issue a ban?
Hello Anil, I have a VISA valid for a month from now, however it seems that my stay in India is not over before the 23rd of February.
Will this be a problem to exit the country? I do not haev any immediate thoughts of returning to India.
It could very likely be a problem. You should get your visa extended or leave before the expiration to avoid any trouble.
ONE OF MY FRIEND IS GOING THROUGH BELOW SITUATION because of his travel agency issue they have not checked the VISA and raised ticket as they were arranging whole travel:
Shengan VISA validity till 18th january’2018
Return ticket was of the same day (18th january’2018) which is having a night layover in zurich airport flight 19th jan 2018 early morning
It caused the exist on next day(19th jan 2018) from the VISA end date (18th january’2018)
he has paid the required penalty at zurich airport of extra staty as stay was illegal, and was said by officials it will not cause any issue it is cleared as he has paid the fees
and he allowed to travel back india (home country)
Now he again applied for shengan tourist visa after 8 months and his request refused
Kindly suggest if anything need to be check to clear this issue of VISA refusal
You’ve got to check with the office that issued the refusal.
Hi i am a UK national but overstayed in bulgaria for 5 weeks, i have looked everywhere for what the penalties might be for overstaying but it all seems very vague. I have no stamp of entry in my passport. i red one place that the maximum fine is 5000 leva then another place said that is only for 3rd world countries and that if you’re from the EU the max fine is 20 leva, which dosent seem right because surely if that was the guess you would get so many people overstaying.
What do you think i should do regarding my situation and do you have any idea what the penalty actually is ?
Thanks
Have you contacted your embassy?
This is a very late reply i ended up staying a total of 15 weeks then decided it was time to go back to the UK, nothing happened straight through customs and passport control without any questions what so ever.
Thanks for following up, I appreciate it!
Hi, we have been travelling through Europe for the last few months (Spain, France, Germany and Italy) I am on a New Zealand passport and we had spent no more than 40 days in any particular country. We are very aware of the Schengen Agreement and the Bi-Lateral waivers between NZ and these countries. We entered Spain on 7th of May and exited Italy on 30 August for a short trip back to the UK to visit family. We have traveled across the borders via train so there was no border control. We have all of our accommodation / travel documented so we can prove that we have spent no longer than 90 days in each country (under the bi-lateral agreement). However when we were leaving Italy the passport control said we had overstayed based on the Schengen agreement. I tried to advise that we were on the bi-lateral agreement but they wouldn’t listen. They said we could not come back. We are due to fly back into Italy in 2 weeks and continue our trip (many 10’s of ‘000s of dollars paid up front). I have spoken to the Italian Embassy in London who have advised that we are entitled to 90 days in Italy under the bi-lateral agreement (even though we have spent more than the 90 days in the Schengen area). Please advise as I am traveling with 2 young children and most of our luggage is still in our apartment in Genoa. Not sure what to do if we get stopped at the border – they don’t seem to want to listen.
Have you tried the NZ embassy in Italy?
Hello,
I am a UK resident holder valid until 2021 and invited by a family in Schengen and was given a Multi Entry visa from January 19, 2019 Valid until April 14, 2019 for duration of 30 days. NOw I entered Schengen January 19 and I changed my ticket back to UK February 18 which is 31 days if you count from January 19. I only realised just today that it is 31 days. I could not get an early flight now sinceI am booked/planned for February 18 and few hours left and cant get a flight early now :-(. I have already checked in online what is the possible consequence I can get?
Thank you very much.
MJ
I can’t say for certain, it’s best to check with your embassy. Typically it can be a fine or ban of some time.
Hello,
Hello,
I have a 3 month South African Visa and I intend spending only 7 days. Please I’d like to know if there would be any consequence if for any reason I decide to spend additional 2 or 3 days more.
Regards
Doesn’t seem like it if you have 3 months?
It’s great to learn that your nationality is important when getting a visa. My wife and I are wanting to move to a new country. I’ll be sure to learn about the visa rules before applying for one.