1

I have counted the days wrong... I have a flight the 26 from Frankfurt to Chile, when I should be leaving the Schengen area the 24th... Is it a big deal to be 2 days over due? I am currently in London and will be reentering Schengen area in Amsterdam the 23rd and that would be my 89th day to then travel to Frankfurt and spend Christmas with my boyfriend's family. Is it possible to inform the immigration police/border control in Frankfurt when I reenter on the 23rd, so I can have a less harsh penalty? Or should I just see what happens the 26th?

6
  • 3
    Well it's breaking the law, so there's likely to be a penalty. Advising them that you're intending to break the law may result in them not letting you into the country on the 23rd...
    – Mark Mayo
    Dec 22 '14 at 11:19
  • Well legally they cannot restrict me from coming i to the country since i have a day left Dec 22 '14 at 11:25
  • 4
    Legally if they feel you're a risk to breaking the law, they can prevent you, despite what your visa permits.
    – Mark Mayo
    Dec 22 '14 at 11:26
  • 1
    It is not a duplicate because Chileans are non-visa nationals and the canonical question is for visa nationals.
    – Gayot Fow
    Dec 22 '14 at 12:29
  • 2
    Just for completeness, how sure are you that you would be overstaying? You know that the 90-day Schengen clock stops ticking while you're in London, right? Dec 22 '14 at 13:26
2

You entered Schengen as a person not needing a prior visa and you want to overstay for 2 days. You listed your options as...

  1. ask for an extension of leave at a border control prior to overstaying
  2. overstay and see what happens

For the first option: There is a provision in Schengen for an individual to ask for an extension but success is very difficult. In your case, the officer would likely conclude that you were in a position to know your expiry date at the time you booked your flight; he would also conclude that you are in a position to be aware that spending Christmas with your bf would result in an overstay. He would combine these two facts and conclude that your overstay is avoidable and arises solely from personal convenience. So he would, in all likelihood, refuse your request for an extension.

Moreover, given that you would have revealed an unlawful agenda to a Schengen border official, he would then be in a position to challenge your intent even though you have remaining leave. Bear in mind that for people who do not need a visa to enter Schengen, doing so becomes illegal if the the border officials establish intent to violate the rules. For the part of your question about getting a 'less harsh penalty', penalties are levied by national law and are generally not negotiable at the border.

For the second option: In this option you become an overstayer and possibly an illegal entrant. If you get caught, the border officer is entitled to all of the conclusions listed in 'Option 1' (i.e., that your overstay was prompted by personal convenience and therefore avoidable). In this scenario you won't be back in Schengen (or the UK, etc) until there's a change in circumstances.

What this amalgamates to is 'Option 1' is not recommended and 'Option 2' is not recommended. So you can select either option with indifference.

Or you can send for your bf to celebrate Christmas with you in London as an 'Option 3'. Or celebrate an 'early Christmas' in A'dam as 'Option 4'

7
  • An aside re "penalties are levied by EU regulations" -- actually the punishment for being illegally present in the Schengen area are up to the national law of whichever member state you're found to be illegally present in, and not regulated at the EU level. Dec 22 '14 at 13:19
  • @HenningMakholm, TA, amended
    – Gayot Fow
    Dec 22 '14 at 13:22
  • 1
    I have come up with an idea, i am leaving tomorrow to Dusseldorf and arriving at 8:30 pm. I plan to wait till 12 a.m before border control so that i get stamped with date 24th this gives me the 24th and 25th to stay in germany. The 25th i check in and get stamped leaving the country the 25th and wait a day inside the airport till my flight the 26th. Does anybody see a potential problem with this idea? Thank you very much for being so helpful and informative. Dec 22 '14 at 14:03
  • @EstrellaFugaz, it's clever. Sitting it out air-side in FFM. I see no problems with it overall.
    – Gayot Fow
    Dec 22 '14 at 14:08
  • Is it possible to wait before passport control without anyone saying something about it? Also, is passport control always open? Dec 22 '14 at 14:12

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

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