Traveling back to a home country with expired Schengen visa but a valid D visa
I am a Brazilian who'll be studying from 28th Sep 2018 to 18th Feb in a Polish university (aprox 144 days). However, plane tickets to Poland are a bit more expensive and I decided to arrive and leave Europe through Paris, which had the lowest fare (arriving 10th September and leaving 20th February).
The problem is: I didn't know at the time Schengen visa conditions. Despite the fact that Brazilians don't need to apply for Schengen visas, we are under the same rules, after staying 90 days in Schengen area, I am not allowed to leave the country of my type D Polish visa for more 90 days.
Would it imply that leaving Poland for France, even if is just to catch my flight back to Brazil, is illegal? If so, is there any other way to do it without canceling my return ticket?
Thanks!
Best Answer
You are creating a problem based on an incorrect understanding of the visa rules. You do not mention the validity of your Polish visa, but everything seems fine.
The general rule is, that days you spend in Poland during the validity of your Polish national visa, do not count for the 90 days you are allowed to spend (as a Brazilian without further visa) in other Schengen countries.
So for a simple example: If your Polish visa is valid until Feb 18th and you spend the 90 days preceding Feb 18th in Poland, you can immediately following the expiration of your visa spend an additional 90 days in any Schengen country. If you during the last 90 days before expiration of your Polish visa spend any time in other Schengen countries, these days will be deducted from the time you are allowed to spend after the expiration of the visa.
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What happens if my Schengen visa expires?
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.Can I travel to other Schengen countries with D visa?
Could I use this visa to make a trip to other Schengen States? Yes. According to the Schengen rules, the Schengen visa is generally valid for all the countries in the Schengen area. Please note, however, that you always have to apply at the consulate of the country which is your primary destination (see FAQ no 5).Can I travel in Europe with D visa?
The national visa is the type D long-stay Schengen visa. It is mandatory for any foreigner wishing to study, work or live in a Schengen country for longer than 90 days (up to 1 year).How long is D visa valid?
D-visa may be issued for the period of stay of up to 365 days within twelve consecutive months and it allows to stay in other Schengen Member States up to 90 days within the period of 180 days.France Denied/refused/deport to give entry on valid Schengen visa
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