Can I stay in Schengen area after my visa still valid but breach the condition

Can I stay in Schengen area after my visa still valid but breach the condition - Wet rice fields in countryside

I came with my family in Schengen visitor visa. Visa condition is

1 month visa, can stay upto 15 days.

I came here for visit about 10 days. And our trip doesn't go as planned. My wife is Pregnant, Doctor's in Spain say she is not Ok to travel for at least 4-5 days. so now we breached condition 15days already. But our visa's are still valid. Now she is ok to travel back, in about 3-4 days, but still in the valid visa time period. My concern here is, is it going to be an issue while departing/immigration. Are we going to be questioned about it? Are we illegal here already? Is it going to be deportation category?

Or we just going to be fine, just explain them the situation or show them the Doctor's Certificate?

Do they do not even care unless visa still valid.



Best Answer

First of all, your visa is not valid anymore, if you have exceeded the allowed period of stay (15 days).

Even if different member states operate with different details in the implementation of the rules, extending your Schengen visa due to urgent medical issues (incapability of travel) should have been easily done, both for your wife and for you as a close relative. Your problem now is however, that an application for extension must be made before the visa expires or before you reach the allowed period of stay.

Your best bet is probably to contact the Spanish immigration authorities before going to the airport and try to solve the issue.




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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 in the Schengen Zone?

You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area.

Can I stay in the Schengen Area more than 90 days?

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.

Can I leave the Schengen Zone and come back?

If you leave the Schengen Zone, your time doesn't reset so it is really important that you keep track of how long you're in the Schengen Zone. If you're in the Schengen Zone for 90 days consecutively, you must leave after 90 days and can't return for another 90 days!



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.

Images: Tom Fisk, Kelly, alleksana, Ylanite Koppens