Overstay schengen visa on ground of emergency?
My mother is a frequent traveler to Europe. She has visited me every year for the last 9 years. This year, we left for the airport and, during our journey, she had an angina attack. We drove to nearest doctor who advised her not to fly; that was the last day of her visa, as well. We were finished with the doctor by 15:30, and the immigration office closed at 16:00. There wasn't enough time to visit the immigration offices. My mother insisted on flying home, regardless of the risks. We reached airport, but she missed her flight and she was forced to book another ticket, but it was in 3 days. We did book and she flew to her home country, resulting in a overstay of 4 days in total. Border control asked the reason for the overstay and she presented a medical certificate. She was not fined, and was not given a ban. I checked with immigration and they said they don't see any problem. Will she be able to get Schengen visa again?
Best Answer
Short answer: Yes, she will be able to visit Schengen again, but more questions may arise on your mothers' next visit
Long answer:
There are clear regulation and guidelines on whether a traveler is granted or refused a visa in the Schengen area.
The following conditions might result in Visa refusal of an EU Member State:
A visa is refused if the applicant:
- presents a false travel document;
- gives no justification for the purpose and conditions of the intended stay;
- provides no proof of sufficient means of subsistence for the duration of the stay nor for the return to his/her country of origin/residence;
- has already exhausted the 3 months of the current 6-month period;
- has been issued an alert in the Schengen Information System (SIS) for the purpose of refusing entry;
- is considered to be a threat to the public policy, internal security or public health of one of the Member States;
- provides no proof of travel medical insurance,
- if applicable; presents supporting documents or statements whose authenticity or reliability is doubtful.
In this case the relevant points (marked bold) can be broken down easily.
- You did not specify how long your mother visited you, but without having to apply for a longer term visa she cannot exceed the 3 month stay per 180 days limit. I do not expect this to be an issue but included it for the sake of completeness.
- It is very unlikely that your mother has been flagged for future refusal, especially as you indicated that border patrol did not mention anything upon departure. If this would have been the case border patrol has the obligation to inform you.
- Given there might be a comment on her record of overstaying visa period, yet justified by medical reasons, the next time more questions and proof of a valid health insurance policy might be requested.
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Can I get an emergency Schengen visa?
The Immigration and Naturalisation Service (IND) decides whether you are entitled to an emergency visa. To apply for an emergency visa you should contact the IND. Emergency visas are short-stay visas but they are not Schengen visas. Your visa only allows you travel to the Netherlands and visit the Netherlands.What happens if you overstay Schengen?
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.What happens if you 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.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.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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