My friend is in Slovenia and his visa expired 15 days ago. Does he have to pay some sort of penalty? What will happen to him and what should he do to travel back to his home country?
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1The details depend on national law. From what country will he depart the Schengen area?– phoogCommented Jul 10, 2017 at 18:05
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2The Schengen rules don't say much about penalties for overstaying. The penalty will be determined by the country from which he exits, not where he is now. For example, if he flies through Austria or Germany, then Austrian or German authorities will determine the penalty. Slovenian law will be relevant only if he crosses the land border to Croatia or flies directly from Slovenia to a non-Schengen destination.– phoogCommented Jul 10, 2017 at 18:17
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1This blog from 2015: journeywonders.com/overstaying-schengen-zone-deportation says 250 euros.– mkennedyCommented Jul 10, 2017 at 19:21
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1@phoog true, but OP's friend is quickly approaching that (somewhere between 12 and 15 days). That's why I just commented.– mkennedyCommented Jul 10, 2017 at 20:38
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1A fine sounds about right, it could be higher than €250 but few countries issue bans for a few extra days (I think Germany does however so careful there). Even without a formal ban, getting a new visa in the future might prove more difficult.– RelaxedCommented Jul 10, 2017 at 21:03
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3 Answers
I'm not a lawyer, so take what is written below as purely informational.
The relevant law that deals with your friend's situation is referred to as the Foreigners Act (could only find the Slovenian language version). If you open that in Chrome and use its translate to English feature, you'll get a somewhat awkward translation of it. There is also a language selection dropdown at the top right of the page that pretty much does the same.
As per the Act, your friend is currently staying in the country illegally and may get fined 800 - 1200€ upon detection. Relevant articles seem to be 60 and 145 (crude translations below).
Article 60 (Illegal residence)
(1) It is considered that a foreigner is staying illegally in the Republic of Slovenia, if:
- he has illegally entered;
- does not have a visa or has an expired visa or if resides in the Republic of Slovenia contrary to the entry title or the time period, in which he was allowed to stay in Republic of Slovenia based on a law or an international agreement, has expired;
- does not have a residence permit or the permit has expired.
...
Article 145
(1) A fine of 500 to 1,200€ shall be imposed on a foreigner for unauthorized entry into the Republic of Slovenia (Article 12 hereof).
(2) A fine of 800 to 1,200€ shall be imposed on a foreigner if:
- resides in the Republic of Slovenia contrary to the purpose for which he was granted a residence permit (fifth paragraph of Article 35 of this Law);
- staying illegally in the Republic of Slovenia (Article 60 of this Law).
I believe the proper course of action would be to visit a local police station and explain the situation. Your friend will probably be given a deadline by which he must leave Slovenia, according to Article 67 of the Act. He may be monitored during this time, either by being required to report to a police station daily or by staying in a residence designated by the police.
Slovenia was hit hard during the 2016 migration crisis and changed its legislation accordingly, so that blog entry (posted by @mkennedy) is no longer accurate as far as the fine goes.
Others have discussed specific penalties, but note that if you say nothing and just leave, it MIGHT not get noticed at the border. And if they do notice, the consequences might be easier than if they catch you when you are not trying to leave.
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Even if they don't seem to do much about it on the spot (i.e. no fine or other immediate penalty), they can make a note of the overstay, which would probably make further stays more difficult.– jcaronCommented Apr 7, 2018 at 23:36
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@jcaron they can't make note of the overstay if they don't notice it.– phoogCommented Apr 8, 2018 at 2:17
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And if they do make a note, it's still a better outcome than having it "noticed" when you are NOT trying to leave.– WGroleauCommented Apr 8, 2018 at 13:25
If I stay beyond 90 days (without a residence permit or a long term visa) or work in the Schengen area (without a working permit), what can happen?
A non-EU national who stays in the Schengen area beyond 90 days (without a residence permit or long-stay visa) is illegally present, which can result in a re-entry ban to the Schengen area. Working in the Schengen area without a work permit is also illegal (even if less than 90 days) and can likewise result in a re-entry ban to the Schengen area. Depending on the Member State administrative penalties may also apply.
Source: https://eeas.europa.eu/sites/eeas/files/visa_waiver_faqs_en.pdf
Slovenia
Article 96
Aliens shall be liable to a fine of between 400 and 1200 EUR for the following offences:
1) not possessing a valid travel document (Article 7); 2) not having a permit to enter the Republic of Slovenia (Article 8); 3) not leaving the country once their residence permit has expired
Article 98
Aliens shall be liable to a fine of between 500 and 1200 EUR the following offences: 1) entering the Republic of Slovenia illegally (Article 11); 2) residing in the Republic of Slovenia in contravention of the purpose for which their residence permit was issued (fifth paragraph of Article 30); 3) residing in the Republic of Slovenia illegally (Article 47).
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He didn't ask about working, and repeating a quote already posted isn't much help.– WGroleauCommented Apr 8, 2018 at 13:43