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-   -   Schengen Laws (https://www.flyertalk.com/forum/europe/775985-schengen-laws.html)

Aviatrix Jan 7, 2008 3:22 pm


Originally Posted by AAaLot (Post 9021908)
Question:

I have been traveling through Europe for the last 110 days.

I will spend about 22 outside of Shengen, however my 'passport' cannot prove it.

For example, I drove into Switzerland 5 days ago and just left this morning. In both cases I was just waved through everywhere.

I fly out of Germany later this month. If I get an over zealous agent claiming I overstayed what can I do? I did keep all the hotel receipts with dates for my non-Shengen visits. Should that be enough?

Thanks.

I presume you mean Schengen? :)

There is probably a reasonable chance that they won't even notice that your entry stamp is more than 90 days old.

If they do notice there is probably a reasonable chance that all you need to do to convince them is reel off a list of non-Schengen countries that you have visited (and as most of your visit fell during 2007 there is still quite a long list to choose from).

If they do ask for proof... well, you've got proof!

I'd allow a bit of extra time to clear Immigration in case they decide to take you to one side for a grilling. You shouldn't have any problems, though - you didn't stay more than 90 days, and you can prove it.

flyingfkb Jan 7, 2008 4:08 pm


Originally Posted by Aviatrix (Post 9021429)
I don't believe it's all that easy at all.

Rules vary from country to country, but the general principle, as I understand it, is that visas for more than three months are only granted for specific purposes such as study, work or family reasons (i.e., to join one's spouse). Some countries will also grant long-term visa to investors, or to people of independent means who intend to settle and buy property and spend lots of money.

I didn't say it will be easy but at least better then follow the great advise of overstaying you tourist visa. To get in contact with an embassy doesn't hurt and maybe help. If not he still can do the in-and-out hoping of the Schengen area.

Beatraveler Jan 8, 2008 12:02 am

thank you
 
all of your advice has been a tremendous help and I thank you!

stimpy Jan 8, 2008 8:28 am

As others have said, entering Schengen at CDG means that they probably won't stamp your passport. If on your way out, some officious officer asks you where your entry stamp is, just say you entered in Paris and they will just shake their head and send you through. This happens to me more times than I can count.

kaka Jan 8, 2008 10:45 am


Originally Posted by stimpy (Post 9027460)
As others have said, entering Schengen at CDG means that they probably won't stamp your passport. If on your way out, some officious officer asks you where your entry stamp is, just say you entered in Paris and they will just shake their head and send you through. This happens to me more times than I can count.

I can second this, well. or Rome. As I was an exchange student who got too lazy to sort out all paperworks properly in NL, I've pulled stunts such as "I've enetered thru Brussels on Eurostar and I'm leaving in (2 weeks to Germany). Holding a Canadian PP they would bother less. They cant/wont really disprove you by checking all the stamps or giving you shorter stay, or track you down in country X(they could but for some passport they wouldnt bother). So, for practical purposes, this would make your life easier...

Now, for moralists: do the 80ish+100 thing or get a visa. Either is legit and there is no need to tell me what I've done is wrong. I know it is but im just stating facts. We shall do it remembering of the consequences as well.

OskiBear Jan 9, 2008 12:15 am

If I am flying to FRA and then hopping a train to Salzburg and then back to Germany the next day, is there any chance of getting an Austrian stamp in my passport? Is there any place I could head once arriving in Salzburg to track one down?

stimpy Jan 9, 2008 12:35 am


Originally Posted by OskiBear (Post 9032942)
If I am flying to FRA and then hopping a train to Salzburg and then back to Germany the next day, is there any chance of getting an Austrian stamp in my passport? Is there any place I could head once arriving in Salzburg to track one down?

Sorry, but I don't think there are any immigration officers in Austria anymore, except at International airports.

OskiBear Jan 9, 2008 1:25 am


Originally Posted by stimpy (Post 9033009)
Sorry, but I don't think there are any immigration officers in Austria anymore, except at International airports.

Thanks for the quick reply

so much for my touristy aspirations of collecting country stamps :(

chrissxb Jan 9, 2008 1:26 am

stimpy, there are still at austrian-swiss border :)

Bob'sYourUncle Jan 9, 2008 11:42 am


Originally Posted by stimpy (Post 9033009)
Sorry, but I don't think there are any immigration officers in Austria anymore, except at International airports.

And sometimes you'll find them on trains from Italy.

Bob'sYourUncle Jan 9, 2008 11:48 am


Originally Posted by OskiBear (Post 9032942)
If I am flying to FRA and then hopping a train to Salzburg and then back to Germany the next day, is there any chance of getting an Austrian stamp in my passport? Is there any place I could head once arriving in Salzburg to track one down?

I'm sure that during the Euro 2008 there will be intensified border controls, especially at the German border. If you by any chance are traveling in June, I would bet you will encounter Austrian (and German) immigration agents.

stimpy Jan 9, 2008 11:53 am


Originally Posted by chrissxb (Post 9033116)
stimpy, there are still at austrian-swiss border :)

Yeah I forgot since I usually seem to go through Liechtenstein. But in any case Switzerland is going Schengen this summer so those borders are going away.

stimpy Jan 9, 2008 11:56 am


Originally Posted by Bob'sYourUncle (Post 9035927)
And sometimes you'll find them on trains from Italy.

Really? There shouldn't be any at all between Austria and Italy. Not according to the treaty they both signed.

As to the point of Euro 2008 and extra attention at the borders, in the past football tournaments they have set these up mainly to catch British hooligans. But they never stamped passports. However England isn't good enough at football to play in this particular tournament so I don't expect they will have any special border measures this summer.

inyourvillages Jan 10, 2008 7:46 pm

i've posted this before on these threads.

it's true that most people who overstay their schengen time will be fine. it's also true that some people are not fine, and there's no real rhyme or reason. (i.e. you can't say that you'll always be fine in X or never be fine in Y.)

the person who overstayed was a u.s. citizen and was held in detention for several hours until they paid the ~900 euro fine. they were also told that their passport would be marked and they couldn't enter again for x amount of time (can't remember what it was if i ever knew -- i do know it's 10 years in the us).

chances are good you won't get caught, but if you do get pinched, it's pretty bad.

MacDaddie Jan 12, 2008 9:01 am

For those that are travelling to Europe for tourism, there is nothing to be concerned with. The list of European countries I've entered without getting a passport stamp is too numerous to list. I've lived in worked in Europe for several years - I very rarely show my residence card or work permit and once in a blue moon I'm asked what I'm doing in country XYZ. (Actually the Uk is the one that usually asks, sometimes Germany, once Lithuania)

If you come to Europe and engage in business activity or work or to settle and live, then yes you better follow all the visa rules and have paperwork in order. That is what they really care about. And that is what the law is INTENDED for. If your living somewhere then you will be using public services and should contribute to them. If you work, you should pay the taxes. If your a tourist going around Europe - your paying the taxes put on tourists for the public services when you stay at hotels, rent cars etc.

Use common sense - if your going to live in Europe for two years then fill out the paperwork and get the residence permit - if your working in Europe get the work permit - if your doing the tour through Europe for 92 days, then go and enjoy it.

This is an area that the Europeans have right - they use judgement and discrimination in determining where there might be an issue.


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