Problems when exiting Schengen area on expired residence permit
My girlfriend is a Mexican passport holder.
She studied in Netherlands for her masters and she possesses a residence card/permit from The Netherlands (the expiry date on the card says 1st Dec. 2016).
She is living with me at the moment in Berlin and already has her tickets to fly back to Mexico on 30th Nov. 2016 (1 day before the "expiry date" on her Dutch residence card).
She received an email yesterday (2nd Nov. 2016) from her University in Netherlands that because she's not a student at the University anymore, her status has been informed to the IND (Immigration and Naturalization service of Netherlands) and that her residence card is invalid from 1st Sept. 2016 (we both graduated in Aug./Sep. 2016) doesn't matter what "expiry date" is mentioned on her residence card. So technically she's been living illegally since past two months in Berlin with me!
My question is: would there be an issue when she'll go through border/passport control in Berlin (on 30th Nov. 2016)?
I understand that Mexican nationals enjoy 90 days in 6 months tourist stay in Schengen but this period doesn't automatically start after your long-term residence permit or visa expires. So is it necessary that she leaves Schengen area (to lets say UK) and enter again as a tourist before her flight out of Berlin.
Edit 1: Fast forward to 30th Nov. 2016 Girlfriend was able to exit Germany without any hassle. The passport control officer put an exit stamp on her passport but then the flight was cancelled. She stayed one more night in a hotel and finally took off from Köln on 1st Dec. 2016 at 23.30 (30 minutes before the expiry of her RP). Also learned that passport control is flexible in these matters. They told her that they'd have let her fly if the flight was cancelled again for next day (when her RP would have been "visually" invalid.)
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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 are the consequences of overstaying in Schengen Area?
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 exit from another Schengen country?
Yes, you can enter or exit from the Schengen area via a country other than the one you have a visa for, your port of entry or exit doesn't depend on the issuing country of your visa.Can I leaving Schengen Area and returning?
Once you leave, you cannot return to Spain (or Schengen) without a visa until a further 90 days have gone by. For example, if you have spent 90 days in total in Spain and leave on June 29th, you cannot go back without a visa until at least September 28th.Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED
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