Leaving Schengen area the day after the visa expiry due to the transit
My case is a little bit unique, so I haven't found any articles that are closely related to what I want to ask.
I'm currently in Germany with the working holiday visa.
My visa expires on Feb 7, so I booked a flight on that day, from Berlin to my home country via Rome and Abu Dhabi.
I didn't recognize that the flight from Rome to Abu Dhabi is on the day after Feb 7, meaning that the actual date of leaving the Schengen area will be Feb 8.
In this case, am I breaching the immigration law? Or should I tell the immigration officer that I left Germany not violating the visa expiry date, showing the flight ticket?
Best Answer
The working holiday visa is national visa ("type D") and time spent under such a visa in the issuing country does not count towards the Schengen short-stay 90/180-day rule. As a South Korean citizen you don't need a short-stay visa, so you should be okay.
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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.Can I leave on the last day of my visa?
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.What happens if I overstay Schengen 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. How that rule is enforced, though, varies greatly from one country to another.How long do you have to leave the Schengen Zone?
However, the 90-day limit still applies to these countries. So, for example, US citizens enjoy visa-free travel, but they can't overstay the 90 day period. The same 90 day per 6 month period applies. It's possible to extend your Schengen Visa an additional period of time beyond the 90-day Schengen limit.THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV
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Answer 2
That is an incredibly interesting question! I will presume you land on Feb 7 well well before midnight which is when your visa expires.
Edit: I didn't realize what @phoog said that South Koreans don't need a visitor visa at all. This is written for those who need a short stay visa but not a transit visa. There are many.
My interpretation of the situation: Before you board the Abu Dhabi plane you go through a passport check in Rome (and after you went through that check if you wanted to get out of the airport, you'd need another passport check). So you are not inside Schengen any more but in transit. And if you don't need a transit visa then you are golden. Check wikipedia about exemptions. In short: make sure you are inside transit past the border check on the 7th and you will be fine.
Very strong disclaimer: this is my interpretation of the situation. It's logical but I am not a lawyer nor a PDS officer.
Answer 3
I would say that depends on your home country. Leaving won't be a problem. But you might get into trouble applying for a new visa in the future. In the near future something this trivial will hardly be a problem. But if Europe tightens immigration laws down the road it can potentially be.
Schengen might also be completely abandoned. If it is, then it might only be Germany you will have problem getting a visa for again.
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