I am a Chinese citizen. I overstayed my previous Spanish visa for 6 months (for personal reasons). Now I am back in China. I also did not face any problems while exit and was also not charged any overstay fee. And after 1 month I am re-applying for Schengen visa. Will my visa be rejected?

  • 3
    Possible duplicate of Schengen visa refusal due to an inadvertent overstay – Jacob Horbulyk Aug 22 '17 at 10:16
  • I don’t think the questions are similar enough. The other OP learnt from their overstay (which was a few days) from the consulate after applying for a new visa. This OP knows they overstayed a whole six months and hasn’t applied yet. Also, the time frame is exceedingly different (I don’t think one week’s overstayers are treated like six months’ overstayers). – Jan Aug 22 '17 at 11:43
  • One month after what? Leaving the Schengen area? You wouldn't be able to get another short-stay visa so soon even if you hadn't overstayed at all and left after 90 days (instead of 6 months). If I understood you correctly, I don't see how you could possibly get a visa unless the consulate is grossly negligent. – Relaxed Aug 22 '17 at 12:28
  • Schengen visas are meant for short visits while maintaining a residence elsewhere. Before getting into the details of the rules or whether you can bend them a little, you have to understand that trying to live in the Schengen area with one is a recipe for disaster. – Relaxed Aug 22 '17 at 12:31

Ultimately, we cannot tell whether your visa will be rejected. Also, IANAL. However, note that:

  1. There is a passport check when exiting the Schengen area. If they told you that you are banned from re-entry, then....so is it. You didn't write that happened when exiting the Schengen area, so we don't really know. If you were not fined when leaving the Schengen area, your chances may be better as your application may not be automatically rejected.

  2. If you plan on re-applying, you should be able to provide verifiable evidence that you will not overstay again. After an overstay, the consular officer will find it likely that you will do it again, unless you can convince them otherwise. So unless you can provide such evidence, you may want to save the application fee.

  • Not a bad answer but where did the OP mention a ban? An overstay does not automatically result in a ban, that depend on local laws and specific circumstances. If there is in fact a ban, then the visa will be promptly rejected. You first need to go through a separate appeal to lift the ban (applying for a visa is the way you apply for, e.g., a US ban to be waived or lifted, not so in the Schengen area AFAIK). On the other hand, if there is no ban, the overstay would presumably still weigh heavily on the application but the consulate is legally free to grant a visa. – Relaxed Aug 22 '17 at 12:36
  • @Relaxed The OP did not mention anything at all about the departure from the Schengen area - which is why there is an "if" in "If they told you that you are banned from re-entry, then....so is it. You didn't write that happened when exiting the Schengen area, so we don't really know.". – DCTLib Aug 22 '17 at 12:56
  • Oh, sorry, I simply overlooked the “if” and stopped there. But a ban and a fine are not necessarily related. – Relaxed Aug 22 '17 at 12:57
  • Thanks for the reply but unfortunately I dont have enough reputations points to cast vote to your answer. Thanks! – user2907700 Aug 22 '17 at 13:02
  • @user2907700, you can accept the answer by clicking on the tick button instead. – gdrt Aug 22 '17 at 13:08

Not the answer you're looking for? Browse other questions tagged or ask your own question.