Can I apply for residency in the Schengen Zone after overstaying my visa? [closed]

Can I apply for residency in the Schengen Zone after overstaying my visa? [closed] - Hand of crop anonymous tattooed person spraying white paint from can on colorful wall while standing on street of city

Okay, before anyone judges me, please let me explain why I've overstayed my visa. If you don't care then you can skip this. I'm originally from the US, but I left as soon as I turned 18 because I am autistic, trans, and queer, and I was being emotionally abused by my family and ostracized by the small town I lived in. So I moved to Greece and I've been here for 7 months and I've never been happier.

Okay, you can tune back in now. I want to apply for residency in the Schengen area but I have no idea how, and I am pretty sure I'll be deported if I try.

So my questions are:

  1. Can I now apply for residency without being deported?
  2. Would I be deported if I took the ferry from Greece to Italy?
  3. How do I apply for a visa?


Best Answer

Edited after the comments by Relaxed and Gayot Fow:

  • The various Schengen states are taking measures to keep illegal immigrants and people who overstay their visa out. What happens in detail depends on the national laws, but it is unlikely that you will be put on a plane to the US the next morning if you are caught on a ferry. On the other hand, it might end like that if you ignore repeated orders to leave. (@Relaxed, how would you translate e.g. Abschiebung if not as deportation?)
  • The Schengen states have a common database, the Schengen Information System. A negative entry from any of the Schengen states would make future applications more difficult.
  • When you make an application for a new visa, you will be asked where you live and what your legal status is. Since you are not a legal resident where you live right now, you can't easily apply from Greece. Much easier if you were to apply from New York or San Francisco.
  • If and when you apply for new visa or residence permits, it is a very bad idea to lie about facts in the database. If you are found out, your credibility will be damaged.
  • You feel persecuted in your homeland due to your sexual identity. You could apply for political asylum in the EU, but I consider it very unlikely that you will get refugee status.

For details about long-term visa and residence permits, ask Expatriates Stack Exchange.

My advice: If you want to live much of the rest of your life in Greece, get home now and apply for a long-term visa from somewhere in the US. You might be able to overcome four months overstay as an 18-year-old if you left on your own, before you were found out.




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Can I stay in Schengen Area after my visa expires?

If you apply after your visa expires, even just a day later, then you will be deported for overstaying your visa, despite of your reasons. Therefore, take care to apply at least a week before your current Schengen short-stay visa expires.

What happens if you overstay your visa in Schengen?

A third-country national who stays for more than 90 days in the Schengen area (without a residence permit or a long-stay visa) is overstaying and is therefore in an irregular situation. This can lead to a criminal prosecution and a to an entry ban to the Schengen area.

What happens if you overstay 90 days in Schengen?

The Schengen law states that you can't stay in the Area for more than 90 days. If you do, you're subject to a fine and possibly deportation and being banned from re-entering the Schengen Area. How that rule is enforced, though, varies greatly from one country to another.

Can I adjust my status if I overstayed my visa?

If you're an immediate relative of a U.S. citizen who entered legally (through a nonimmigrant visa, for example), you can adjust status to a green card holder by filing Form I-485 even if you overstayed a visa.



Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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