Schengen visa granted for 2 months, duration of visit 45 days. Am I overstaying?
I’m already in the Schengen zone as I type this. My entry stamp has the date 26th December 2018 on it and my return flight out of the schengen zone is on the 9th February.
My Visa validity is 21st December, 2018 to 19th February 2019 but the ‘duration of stay’ field says 45. My question is, given my travel dates, am I overstaying? According to this link I’m right on the dot with my dates (exact 45 days) but it does NOT include the 26th itself. How long am I allowed to stay granted I enter Schengen zone on the 26th December?
EDIT: I have a multiple entry visa.
Best Answer
For the Schengen visa they count every day you have been within the zone as a day, even when you have been in just a few minutes.
So with your plans you would overstay by one day. And while you are not guarantied to get problems later it is rather likely that you get a mark in your passport or may have to face extra questions when getting into the Schengen zone again.
Better to change your return flight or spend some time outside the Schengen zone. With a multiple entry visa is it possible to do just that.
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How long can you overstay Schengen Visa?
However the rule remains the same: no stay exceeding 90 days in the Schengen area over a 180 day period.What happens if you exceed 90 days in Schengen?
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.What happens if you overstay Schengen?
Under the Schengen Area rules of stay for third-country citizens, non-EU citizens entering the territory under the visa-free regime can stay for a maximum of 90 days, for every 180 days. Those who overstay this period \u2013 intentionally or unintentionally \u2013 may face penalties, including deportation and entry bans.Can you stay in Europe for more than 3 months after Brexit?
Now that the UK is outside the EU, British passport holders can stay for a maximum of 90 days per 180-day period. UK passport holders can cross an external EU border using just a valid passport and stay anywhere in the Schengen Area for up to 3 months.Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED
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Answer 2
Maybe an easier way to think about duration of stay: If you enter 26 Dec, and leave 27 Dec, you have spent 2 days.
Even if hypothetically it was 23:59 on 26 Dec and you left 2 minutes after at 00:01 on 27 Dec.
Options:
- Change your flights to 8 Feb or earlier
- Leave schengen area temporarily (remember to be out of schengen for at least a full day, i.e. midnight to midnight)
- Hope for leniency from border guards when leaving (but also allow for potential hassling for future visits)
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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