Spain schengen overstay

Spain schengen overstay - Water Falls on Brown Rocky Mountain

My friend is from Chile and overstayed their Schengen visa in Spain by a few months.

I've read that the consequences of overstay can vary quite a bit across EU countries. Is there any information out there about how Spain specifically would treat her?

If she is has a ticket to fly to a non-EU country, say Morocco, would she be allowed to do so? Or would they likely deport her back to Chile (plus maybe fine her etc). My thinking was that if she has the ticket to exit the EU, they might not care so much as long as she leaves.



Best Answer

It depends a lot on her luck, and on the person handling her.

If she's leaving, odds are they will let her continue their travel to Morocco, as they only want you out and don't care where you go to. On the other hand, she will probably be banned for entering the Schengen area for a few years.




Pictures about "Spain schengen overstay"

Spain schengen overstay - Free stock photo of architecture, blue sky, blue water
Spain schengen overstay - Brown Concrete Building Near Body of Water
Spain schengen overstay - Blue and Red Stadium Under Blue Sky



What happens if I overstay my 90 days in Spain?

If you leave Spain, you may be registered as having overstayed the 90-day period by Spanish immigration. This could make it difficult for you to return and/or mean you have to pay a fine. In the worst-case scenario, you could face deportation and/or a ban from the Schengen area.

What happens if I stay longer than 3 months in Spain?

The 90-day rule This rule simply states that you can live in Spain without residency for a maximum of 90 days. After those 3 months, you need to either obtain a residence permit, or leave the country. And that is because the shortest stay option is the tourist (or Schengen) visa, which lasts exactly for 90 days.

What happens if you stay longer than 6 months in Spain?

You can stay in Spain for a maximum of 183 days per year (6 months) in order to not become a resident. If you spend an extra day (184 days and onwards), you will be regarded as a resident, hence paying resident taxes in the country.

What happens if I overstay 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.



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.

Images: Manuel Torres Garcia, javier gonzalez, Pol Tuijl, El gringo photo