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I will be traveling Europe in the summer. The plan is Dublin, Amsterdam, Krakow and then back to Dublin to fly to Canada. A family member has an expired Visa in Spain and wants to meet us in Krakow. Do you think he would have any trouble doing this? He would then fly back with us to Dublin to catch our flight to Toronto. We don't want to have any issues with penalties and being banned. Can anyone give any help or suggestions as to if he will be fine or how we can arrange the trip so he can fly out without penalty?

My relative entered Spain on a student Visa, but it will expire when his school is over in May. He is an American as am I. He wants to visit me in either Ireland or Poland and then fly back to Canada and then US with me, but his student visa will be expired at that time. He does not want to get deported or on some travel ban.

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    Your framily member is currently within the Schengen area, but entered on a visa that expired as is now overstaying, is that correct? (Not entirely clear from the Q). What is the family member's citizenship? – CMaster Apr 20 '16 at 13:13
  • He entered Spain on a student Visa, but it will expire when his school is over in May. He is an American as am I. He wants to visit me in either Ireland or Poland and then fly back to Canada and then US with me, but his student visa will be expired at that time. He does not want to get deported or on some travel ban. – KrajPolski Apr 20 '16 at 15:03
  • Right, could you edit the question to make things clearer. The fact that they intend to meet up with you isn't that important (you're asking if a non-visa national who enters on a visa can remain afterwards). The fact that your family member is a US citizen (and hence non-visa for a visitor to Schengen) is very relevant. – CMaster Apr 20 '16 at 15:11
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Your relative's visa must be a Type D visa issued by Spain -- it can't be a type C short-stay visa, because such visas are not issueed to U.S. citizens at all.

Holding a Type D visa has the convenient side effect that days he spends in Spain under that visa do not count towards his 90-in-any-180-days Schengen clock; for all intents and purposes the Schengen system treats such visas just like residence permits.

If he has been in Spain for the entire semester, the effect of this is that when the visa expires he won't have any days-that-count-for-Schengen in the last 90 days, so at that time he can start traveling within the Schengen area for 90 days as an ordinary visa-free American.

Thus, it should be okay for your relative to travel from Spain to Poland and then exit the Schengen area together with you. His entry and exit stamps will show a long time spent within Schengen, but since the passport also contains his Type D visa, it will be easy for the border guards to see that this does not make him an overstayer.

On general principles, it would be a good idea to hold on to receipts for accommodation or the like in Spain, so that he can document that he was actually there while his visa lasted, but it is not very likely that he will actually have to show them to anyone.

  • He does have a type D visa. He says his Visa expired in Feb. but he has been in Spain and hasn't left. Should he still be fine to go to Poland and then Dublin and fly back to Canada/US? – KrajPolski Apr 20 '16 at 15:21
  • @KrajPolski: He will need to leave the Schengen area one way or the other within 90 days of the visa expiring -- or else he risks penalties and future travel problems no matter which way he exits. Through Poland or directly does not matter, but not overstaying does. – Henning Makholm Apr 20 '16 at 15:25
  • Gotcha. So when his visa expired on Feb. 20 let's say, just add 90 days on to that and that's the absolute limit he has to leave Europe otherwise he will risk penalty right? – KrajPolski Apr 20 '16 at 15:33
  • @KrajPolski: Correct -- except it is "leave Schengen", not Europe, but that seems to make little difference for your concrete problem. – Henning Makholm Apr 20 '16 at 15:36
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    Note: If he maxes out the 90-in-180, he won't be able to go back to Schengen for another 90 days. He could perhaps look in to leaving Schengen (UK or Ireland being obvious options, north africa or (non-schengen) eastern europe also being a possibility) in order to meet you later within the Schengen zone. – CMaster Apr 20 '16 at 15:42

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