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My visa is valid until 27 May, My return to Philippines (from Paris) is 30th.

Is this okay to exit schengen state even my visa already expired? still I did not breach the 90/180 rule right?

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3 Answers 3

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If your visa is only valid until the 27th of May, you must leave on or before the 27th of May. The 90/180 rule is important, but following that rule doesn't help you if you are ignoring the validity period. You must follow both.

If you delay your departure until the 30th, you will be illegally present in the Schengen area on the 28th-30th. This will lead to a serious and not very enjoyable discussion with the border agents when you leave, and may cause you severe difficulty in the future if you wish to visit the Schengen area again, or if you apply for a visa for any other country which asks about your travel history.

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If you entered on a visa that expires on the 27th of May, then the Schengen rule does not apply for a period after the 27th.

For persons who need a visa:

  • the 90 day rule only applies within the timeframe of the visa

Border code Article 8 (Border checks on persons)

  • Artikel 8 (3) check on entry exit
    • (h) (i) : verification that the person is in possession of a valid visa

an expired visa is not valid.


The visa handbook, which can be found as link of 'Operational instructions of the visa code... '

https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy_en

explains period of vality inside Chapter 8 as

  • period where the holder may enter and shall leave the territory of the member states.
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  • I don’t think you’re giving good advice. May 24, 2019 at 12:13
  • And the reason is? May 24, 2019 at 12:14
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    The reason is your answer is very misleading. It doesn’t answer the most important question, that staying beyond the visa period is a violation. That is the crucial issue here, not technicalities. May 24, 2019 at 12:25
  • Do you have any reference to back up the claim that 90/180 rule will not apply in case of overstay. Seems to me the wording of 90/180 rule is very clear - "Should not have been present in Schengen area for more than 90 days in the preceding 180 days period." Even if visa expires, OP is still in Schengen and his date of exit will be recorded when he leaves. As @MarkJohnson already said you did not provide the answer to first q - "Is it OK to exit Schengen after my visa expired"
    – RedBaron
    May 24, 2019 at 12:47
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    There is more than one way to violate the Schengen rules. By staying more than 90 days within any 180 days. This can only really be an issue for multiple-entry visa with very long validity. By staying more than the granted duration. The duration can be limited to less than 90 days, and in that case the lower number applies. By staying more than the granted validity. The validity period can exceed the duration, that is done to allow business travelers to shift their trip by a few days.
    – o.m.
    May 24, 2019 at 12:57
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Although the EU is generally lenient when it comes to people departing the EU after their visa has expired, you are exposing yourself to possible inconvenience. The circumstances why your Visa expired while you are still in the EU may be investigated.

I would not recommended it,anyway renewing your visa only takes a few days. Since you already have a visa you are likely qualified to get an extension

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  • Leniency may be the right word regarding the size of the fine on departure. Any overstay will seriously endanger future visa.
    – o.m.
    May 24, 2019 at 12:53
  • "you are likely qualified to get an extension": how does one apply for an extension? As far as I'm aware, it is not possible.
    – phoog
    May 24, 2019 at 14:13

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