Schengen Visa - Overstay query
I hold an Indian Passport and reside in the UK. I have a valid work visa in the UK till Jan 2017. I have got my Schengen Visa on 24/05/2014 for the first time. The Valid Until date on the visa is 23/08/2014 (90 days). It is a multiple entry visa.
I visited Amsterdam on 24/05/2014 and returned to the UK on 27/05/2014 (4days).
I entered Denmark on 23/08/2014 (which is the Valid Until date on my visa) with the understanding that I can enter the Schengen area and cannot overstay until I cross the 90 days total stay within the 180 days period. Well, I just planned to stay for 3 days. And the immigration officer at entry had the same understanding (I clarified this with him) and he let me in.
On my return on 26/08/2014, the immigration officer at the exit was not convinced with the 90 days in 180 days rule and fined me for overstay since my visa says it is valid upto 23/08/2014. I have just stayed a total of 7 days in the Schengen area and still fined for overstay.
Did I really overstay? Is my understanding of the rule of 90 days within a 180 days period not correct?
Best Answer
Your understanding of the 90 days maximum stay rule is not at stake. The point is that it's not the only relevant rule. You cannot in any case be in the Schengen area without a valid visa or residence permit, quite independently from the time spent in the Schengen area. Schengen visas are completely different from US visas in this respect.
My guess is that the first immigration officer probably meant you had not overstayed yet and could therefore still enter. Or he simply made a mistake. But you still had to leave on the same day or get another visa, the rules are clear.
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What happens if you overstay in Schengen?
Authorities will also punish you whether your overstay beyond your Schengen Visa's validity was intentional or unintentional. You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period.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.What can I do if I overstayed my visa?
What are the consequences of overstaying my visa? You can face removal proceedings (deportation), a 3-year bar, a 10-year bar, or a permanent bar depending on the amount of unlawful presence you have accrued and your conditions.Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED
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