Hello everyone,

Does anyone know for sure if a foreigner applied for a Visa-extension before they previous Schengen work Visa had expired -and their Visa-extension has not yet been denied -is that considered a Schengen Overstay?

In other words: is it only a horrible Schengen Overstay problem if someone was to leave long after their Visa-extension was, if, denied?

I would greatly appreciate anyone's correct, current information.

Also everyone, beware... For those who don't know, the good-old days of the lax Schengen rules enforcements seem to be ending. For example: all I've been reading lately are people getting busted especially here in Switzerland or Germany with their Overstay; such people are being pulled out of line, walked into a room, given a Fine of around 550.CHF, AND, either a 1, or 3, or 5-year Ban from re-entering the Schengen states! I am trying to determine roughly how much it is being enforced upon re-entry in places like Portugal, Italy, etc.

If anyone has questions on the issue, I have learned a lot in the last days, feel free to ask of what I've learned if any of you worry about the situation (of Overstay).

 

Hello, thanks for your post.

If you want to stay until May that would dangerously overextend you, unless you could go to a non-Schengen Country for short while (Ireland or UK, Norway, Croatia, etc.) then return to join your boyfriend until May.

Other things you might do are:

1.) Find a friend who speaks German & who has time to go with you to the Ausländerbehörder (Auslanderamt, City Hall) to explain your situation. Sometimes (especially if you're in a smaller town as apposed to a large city) they will offer you advice on what you should/shouldn't do Re: extending your 90 days somehow. What worked for me once is that I was waiting for a Job Offer letter and didn't expect it for another several weeks after my 90-day tourist Visa expired, then they gave me a Fictions-brief (a green Official piece of paper which is a temporary Visa extension for 4-6(?) weeks) for 20€.

2.) Find a Job in Germany; Job Letters from language schools are the simplest to be approved for a foreigner. Your first work-permit in Germany (Arbeitserlaubnis) will extend your Visa by 6-12 months, but then you will also need to provide simple proof of Health Insurance valid in Germany. That initially cost me 110€ per month from the myriad of immediately available Private Health Insurance Policies all over the internet.

3.) If you have anyone established in Germany who is willing to certify that they will support you (who will attest that they will be responsible for you 100% during your stay in Germany). the Auslanderamt actually has such a Document which can be filled-out.

4.) Tell your local Ausländerbehörder [just before your 90-day tourist Visa expires] that you are having 'trouble' leaving Germany (for whatever logical, simple reasons). I have heard of people obtaining temporary extensions just because they lost their place to live back at home and are waiting for a friend there to make a space available for you, or, when they could not afford to return home immediately, or, [if from the US -they don't want to return home because they fear their Gov't is illegally invading & murdering innocent people in eastern Countries without provocation or warrant -has gotten many a Visa extension in much of Europe.) Most any such process (or any Application being decided upon at your local City Hall) can automatically put you in a limbo/temporary extension status if you bring such incident to your local German City Hall's attention before your 90 day are through.

4.) Go to any Italian Post Office and fill-out a 'Permesso di Soggiorno' (Italian Residence Permit), then your receipt is your temporary residence permit (for Italy) for up to 12+ months before Italy's 'super-efficient' system finally responds to you. Note: you 'aren't supposed' to 'live' in Germany after your 90 schengen days are up but there's almost zero Pass-Kontrolle at Schengen's borders (except Denmark) if you accidentally missed that last Train stop in Italy while heading back north.

5.) France has been known to be generous with issuing student Visas just for enrolling in a basic language course there so that could easily be a 'French' Visa extension for you if you are near France. (ask these questions in French forum). But try not to forget that last Train stop in France...

Wherever you obtained your Visa extension from, you should probably exit from that Country when finally returning home.

As I expressed in my previous posts; I have yet to learn what happens when a foreigner over-stays their Schengen Visa when they are [not] caught departing late. However the Countries highly [un]-recommended to depart late from are Swizterland & Germany (90%+ chance of serious problems). Also, it is my understanding that Spain, Portugal, Poland, Czech, Sweden, Italy, Bulgaria are among those nations who are considerably more lax. I don't know what happens when someone take the Train from France to England when overstayed. I have read of some problems people had leaving (and trying to re-enter) Brussels Re: overstayed Visas; two different peaceful backpackers were fined, & banned from the Schengen states for 3 years after they overstayed their Visas countless times during the last 20 years without ever any previous problems.

Ultimately, please try something and report back as to what worked for you.

Grüße!