Finland: Medical Issues/Possible Accidental Overstay (American citizen, German residency permit)

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everyone! Please bear with me, I am absolutely panicking and have worried I have absolutely miscalculated the time I have been in Finland. I am trying to do the right thing and honestly am at a loss.

My backstory: I am American, but am studying my PhD in Germany and have a German residency permit, as a result. My partner is Finnish, and living in Espoo, FI. We have dated about two years, and I have visited Finland every so often for short periods of time (a week, or two weeks, generally) over those two years.

Recently, I came to stay on March 21, 2021. I've had some severe health issues with kidney stones, and have been in and out of the hospital here in Espoo during that time. I am struggling to walk, am miserable and in pain, and have been essentially bedridden with my partner caring for me. I am still in pain to the point where I honestly don't think I can hop on a flight back to Germany -- I live totally alone there, with no support.

I am wildly terrified I may have accidentally overstayed. I have not been here for 90 days, yet -- I arrived on March 21. However, I have visited my partner a few times over the past few years and am not sure how to calculate those past visits in with my current visit. I honestly don't know what to do, am a mess, and struggling to find accurate info online about what I need to do or how to calculate my time. Would anyone be willing to talk to me and walk me through it? Is there a way I can contact someone here in Finland for a temporary stay extension, if need be?

I do believe that if I calculate my past visits (short stays in Nov., Dec., and early March), I might be 4-5 days over the 90/180 day limit.

Thank you so much, in advance! I am feeling terrified and pressed for time, and would love any support. I have emailed Raja, Migri, the American embassy, and the local police stations, asking their opinion, as well.



Best Answer

The Schengen rules are a rolling window. You can spend 90 days out of every 180 days outside the country of your long-stay visa. Today is May 14th, 2021, so visits before November 16th, 2020 do not matter any more. Tomorrow, the window will be November 17th to May 15th. The day after that, it will be November 18th to May 16th.

The visits in December and early March do count. The visit in November may or may not count, depending on when you left. Count the days (and remember that partial days count in full, and so do visits/transits in other Schengen member states outside Germany).

Between March 21th, 2021, and May 14th, 2021, you have used up 55 days.




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What happens if you overstay your visa in Germany?

Overstaying the Schengen Visa allowance of 90 days within 180 days is not without consequences. Remaining after the expiry period may constitute a stay without a corresponding residence permit and will be prosecuted in Germany as a criminal or administrative offence.

How do they know if you overstay your visa Europe?

The first thing to know is that now, with computerized visa checks in place across the Schengen Area, an overstayed visa never goes unnoticed. Immigration authorities have registered in their databases every person that enters and leaves, and if you overstay, even for just one day, it will be recorded.

What happens if you overstay your 90 days in Europe?

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.

What happens if you overstay less than 180 days?

Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.



What Happens if I Overstay My Visa




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