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My mother is a frequent traveler to Europe. She has visited me every year for the last 9 years. This year, we left for the airport and, during our journey, she had an angina attack. We drove to nearest doctor who advised her not to fly; that was the last day of her visa, as well. We were finished with the doctor by 15:30, and the immigration office closed at 16:00. There wasn't enough time to visit the immigration offices. My mother insisted on flying home, regardless of the risks. We reached airport, but she missed her flight and she was forced to book another ticket, but it was in 3 days. We did book and she flew to her home country, resulting in a overstay of 4 days in total. Border control asked the reason for the overstay and she presented a medical certificate. She was not fined, and was not given a ban. I checked with immigration and they said they don't see any problem. Will she be able to get Schengen visa again?

  • Everybody says there's no trouble, so I guess she will. Why do you doubt that? Just keep the records of the medical services in case she is ever challenged in the future. – phoog Sep 15 '16 at 14:20
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    If border control said "we don't see any problem" then that is a more definitive answer than you will get from anyone on this site. Border control knows much more about this than we do. – DJClayworth Sep 15 '16 at 14:31
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    @SalmanKhan is your mother dependent on you or any of your siblings? If so, she can enter under EU freedom of movement. That would mean that she's entitled to a free Schengen visa, but, more importantly, that her duration of stay cannot be limited, and that she cannot be excluded for reasons other than those of public safety, public health, or public policy (in other words, that a past overstay could not result in a ban for her). – phoog Sep 15 '16 at 14:31
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    I forgot an important (indeed, critical) detail in suggesting EU freedom of movement: are you or any of your siblings citizens of an EU country other than Sweden? I suppose probably not, so in fact, it may be that she cannot benefit from it. But nonetheless, she should have no trouble from her medical emergency. @GayotFow I have a meeting in 10 minutes but can post an answer in a couple of hours. – phoog Sep 15 '16 at 14:48
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    @pnuts, your call, but do bear in mind that it improves the site when it has lots of great answers from different perspectives. – Gayot Fow Sep 15 '16 at 17:18
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Short answer: Yes, she will be able to visit Schengen again, but more questions may arise on your mothers' next visit

Long answer:

There are clear regulation and guidelines on whether a traveler is granted or refused a visa in the Schengen area.

The following conditions might result in Visa refusal of an EU Member State:

A visa is refused if the applicant:

  • presents a false travel document;
  • gives no justification for the purpose and conditions of the intended stay;
  • provides no proof of sufficient means of subsistence for the duration of the stay nor for the return to his/her country of origin/residence;
  • has already exhausted the 3 months of the current 6-month period;
  • has been issued an alert in the Schengen Information System (SIS) for the purpose of refusing entry;
  • is considered to be a threat to the public policy, internal security or public health of one of the Member States;
  • provides no proof of travel medical insurance,
  • if applicable; presents supporting documents or statements whose authenticity or reliability is doubtful.

In this case the relevant points (marked bold) can be broken down easily.

  • You did not specify how long your mother visited you, but without having to apply for a longer term visa she cannot exceed the 3 month stay per 180 days limit. I do not expect this to be an issue but included it for the sake of completeness.
  • It is very unlikely that your mother has been flagged for future refusal, especially as you indicated that border patrol did not mention anything upon departure. If this would have been the case border patrol has the obligation to inform you.
  • Given there might be a comment on her record of overstaying visa period, yet justified by medical reasons, the next time more questions and proof of a valid health insurance policy might be requested.
  • Actually the most relevant refusal reason would be "your intention to leave the territory of the Member States before the expiry of the visa could not be ascertained" (it's on official forms, e.g. the model attached to the Schengen Visa Code). I don't consider that likely in this particular case but that's what a consulate could use to refuse a visa to someone with an history of overstay. – Relaxed Sep 20 '16 at 13:35
  • I would agree on that, except that in this case medical justification was provided, thus the agent can state beyond reasonable doubt that it is very unlikely that the visa terms would be broken, again. In a more general sense this is indeed an important factor. – Rick Sep 21 '16 at 1:03

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