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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?

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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.

  • The first immigration officer asked me when I am returning and I told him the date (26/08). He asked me that my visa is expiring on that day (23/08) which is when I told him the 90 days rule as I understood it. He seemed happy with it and said "Just checking you know the rules". :( – Sandipan Bhaumik Aug 27 '14 at 11:26
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    @SandipanBhaumik It seems he made a serious mistake and misled you, then. It's very unfair but it's still the case that you were illegally in the Schengen area when you left. The other immigration officer was also a bit stiff because I think they do have some discretion to fine you or not, especially for someone who isn't blatantly abusing the visa and only stayed for 3 days… – Relaxed Aug 27 '14 at 11:32
  • |Thanks for your inputs. Now that I have already paid the fine and the immigration officer wrote "OVERSTAY" under the exit stamp, what are the implications? How would this affect my future applications for Schengen visa? Is it very serious? – Sandipan Bhaumik Aug 27 '14 at 11:49
  • @SandipanBhaumik Difficult to say, it will make it more difficult to get another Schengen visa but the circumstances (you did not stay very long and only overstayed for a few days) should play in your favor. You can expect consulates to look at any new visa application very carefully. – Relaxed Aug 27 '14 at 12:19

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