I came with my family in Schengen visitor visa. Visa condition is

1 month visa, can stay upto 15 days.

I came here for visit about 10 days. And our trip doesn't go as planned. My wife is Pregnant, Doctor's in Spain say she is not Ok to travel for at least 4-5 days. so now we breached condition 15days already. But our visa's are still valid. Now she is ok to travel back, in about 3-4 days, but still in the valid visa time period. My concern here is, is it going to be an issue while departing/immigration. Are we going to be questioned about it? Are we illegal here already? Is it going to be deportation category?

Or we just going to be fine, just explain them the situation or show them the Doctor's Certificate?

Do they do not even care unless visa still valid.

  • 5
    It's an overstay for both of you. Did you contact the authorities when overstay became inevitable? Nothing prevents your trying to convince them however. Nobody can predict the outcome of such a gambit, but they would be less likely to accept your overstay than hers.
    – Gayot Fow
    Jan 12, 2016 at 10:45
  • 1
    You're explanations are going to be better receied the sooner you bring them to the attention of the relevant authorities. Hoping to leave without anyone mentioning a thing might let you leave - but good luck visiting anywhere in Schengen/anywhere they share information with again...
    – CMaster
    Jan 12, 2016 at 11:15
  • You've failed to comply with the terms of your visa, but you had a good reason. You should have alerted the authorities as soon as you knew you were going to have to stay longer than 15 days, to apply for permission to stay longer. Perhaps you also had a good reason for the delay in making this notification.
    – phoog
    Jan 12, 2016 at 15:36
  • @GayotFow less likely, perhaps, but I would think not much less likely. Given the EU attitude toward the right to family life it is hard to imagine a decision forcing the husband to leave while his wife is medically unfit for travel.
    – phoog
    Jan 12, 2016 at 15:40
  • @phoog, I didn't mention removal. While the wife may be able to avoid a fine/ban, I doubt the husband will.
    – Gayot Fow
    Jan 12, 2016 at 15:54

1 Answer 1


First of all, your visa is not valid anymore, if you have exceeded the allowed period of stay (15 days).

Even if different member states operate with different details in the implementation of the rules, extending your Schengen visa due to urgent medical issues (incapability of travel) should have been easily done, both for your wife and for you as a close relative. Your problem now is however, that an application for extension must be made before the visa expires or before you reach the allowed period of stay.

Your best bet is probably to contact the Spanish immigration authorities before going to the airport and try to solve the issue.

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