Schengen Visa? Do Not Overstay!

Immigration lawyer Malta

Notification: Schengen Visa Holders

What happens if one overstays on the Schengen Visa? There are a lot of consequences for overstaying in the Schengen Area and it’s good to know that an overstay never goes unnoticed and whether the overstay is intentional or not, it is always punished by either a fine, immediate deportation and getting banned from entering the Schengen Zone for a specific amount of time. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, and this is valid on any type of visa, whether it is a student visa or a work-related visa.

90/180 Schengen Visa Rule

Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you’ve used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed. Many people overstay because they think that visa validity and duration of stay are the same. While visa validity is the date from which to which the visa holder is permitted to enter the Schengen Area, the duration of stay is the number of days that he or she can spend within that period.

If you overstay in the Schengen Area, you risk:

  • Deportation
  • Difficulties coming back to Schengen
  • Fines
  • Ban from Schengen Area

If you received a return order to go back to your country, you have the right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision. The right to appeal is also stated in Article 25A(5) of Chapter 217. Sciberras Advocates specialises on immigration law, including appeals on removal and return orders, with the Immigration Appeals Board. For assistance contact directly Dr Adrian Sciberras on [email protected].  

This article is for information purposes only and should not be construed as legal advice.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

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