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What happens if the Schengen visa has exceeded 90 days?

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Most people apply for a Schengen visa to travel to the Schengen area as a third-country national for short-term stays. For example, for visiting stays, for tourism or business purposes. However, with a Schengen Visa C, you may not stay in Germany or any other Schengen country for more than 90 days within a 6 month period. If this is the case, you have exceeded your Schengen visa. What happens if my Schengen visa exceeds 90 days?
 

Are you in the Schengen region and have your Schengen visa has exceeded 90 days? Below is an overview of what you should do and what you should not do.

How do I know how long my Schengen visa is valid for?

When you get a Schengen visa, it is usually valid for one year. This is the period in which you can stay in the Schengen area within a maximum of 90 days for a period of 6 months (180 days). The Schengen visa sticker in your passport gives you information about the latest date of entry into the Schengen area.
 

Your Schengen visa is therefore invalid if:

  • the validity period has expired.
  • You have exceeded the duration of 90 days in the Schengen area within 6 months.
  • You have exceeded the number of permitted entries.

In order to determine when you have exceeded your Schengen visa, i.e. have already been in the Schengen states for more than 90 days within 6 months, the method of looking back has been used since 2013 in accordance with Article 6 paragraph 1 of the Schengen Borders Code.

In other words, if you want to enter the Schengen area, you have to count backwards 180 days from the day of entry and check whether you have already spent 90 days in the Schengen area during this period. If you are not sure whether your Schengen visa has exceeded 90 days and you want to know how long you can stay in the Schengen area, you can find out the number of days remaining with the residence calculator.
 

The backward calculation method does not apply if you are a national of Brazil, Antigua and Barbuda, Bahamas, Barbados, St. Kitts and Nevis, Mauritius and the Seychelles. Due to an agreement with the European Union, the old method of forward viewing continues to apply : i.e. 90 days within 6 months calculated forward.
 

Note: If you leave the Schengen area after the end of the 90 days (or before) and return to a member country at a later point in time within the validity period of your Schengen visa, the 90/180 day rule applies again retrospectively from the new one Entry.

How do I read the Schengen Visa sticker in my passport?

If you enter the Schengen area, you will receive a sticker in your passport when you enter the first country. Your passport should therefore have at least two blank consecutive pages. The Schengen visa sticker contains a lot of important information, including when your Schengen visa has expired. The information is available in English, French and German.
 

The Schengen visa label in your passport contains extensive security features and is structured as follows:
 

 Information 1Information 2Information 3 Examples 
headLettering: VISUM Document number   
1st line  States or states for which
the visa is issued 
  Schengen states (all states)
Germany (only Germany)
D, F, E (only Germany, France, England)
Schengen states (-F, -P)
(all states except France and Portugal)
2nd line First day of validityLatest day of arrival    
3rd line Visa type CNumber of entries:
01, 02, MULT (for several) 
Duration of stay:  
90 days
 
4th line Place of issue   
5th line date of issuenumber of the travel document    
6th line Notes, e.g. B.
Purpose of residence
   

Will I be fined if I have exceeded my Schengen visa for 90 days?

If you stay in the Schengen area longer than your visa allows, your stay is illegal . This applies to Germany, Austria and Switzerland, as well as to the entire Schengen area. If you stay in the Schengen area longer than your visa allows for no reason, this can result in an entry ban. Depending on the Schengen country, a fine can also be imposed.

If you notice that you have exceeded the Schengen visa 90 days , you are obliged to:

  • in Germany at the locally responsible immigration office,
  • in Austria at the locally responsible office, magistrate or the district authority
  • and to report in Switzerland to the Swiss representation responsible for the place of residence.

If you are not leaving the country voluntarily, the immigration authorities can issue an exit order, which can then lead to deportation.

How can I extend my Schengen visa?

The extension of your Schengen visa is only possible in exceptional cases:

  • if you cannot leave the Schengen area for reasons of force majeure, humanitarian or serious personal reasons before your Schengen visa has exceeded 90 days.
  • if the entry into Germany or another Schengen state was delayed and you could not take full advantage of the Schengen visa.

In these cases, you can apply for an extension to the competent authorities of the Member State in which you are located. This is what is stipulated in Article 33 of the EU Visa Code. In Germany, you can apply for an extension free of charge in the event of force majeure; an extension fee of 30 euros is charged for serious personal reasons or late arrival. To do this, contact the municipality’s immigration office. 
 

Note: A Schengen visa that has already expired cannot be extended.

Checklist for extending your Schengen visa

  • Passport with a valid visa
  • Power of attorney with passport or identity card: If a personal interview is not possible
  • Completed application for extension of a Schengen visa
  • Proof of secure livelihood
    • Declaration of commitment and proof of sufficient financial resources of the inviting person (bank statement / the last three salary slips / for self-employed the income certificate from the tax advisor) or
    • Proof of own sufficient funds or
    • If necessary, a letter of reference from the responsible embassy with the assumption of the cost of living
  • Health insurance
    • Travel health insurance for the duration of the stay to be extended or
    • Letter of reference from the responsible embassy with the assumption of travel health insurance.
  • Accidents and acute illnesses must be covered by the insurance in both cases.
  • Other evidence

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Frequently asked questions when the Schengen visa is overdrawn

Can you extend a Schengen visa?

A Schengen visa can be extended if there are reasons of force majeure, humanitarian or serious personal reasons. You can also extend your Schengen visa if your entry into Germany or another Schengen state was delayed and you were unable to take full advantage of the Schengen visa.

When does a visa expire?

Your Schengen visa becomes invalid if the period of validity has expired or you have exceeded the duration of 90 days within 6 months in the Schengen area. In addition, if the number of permitted entries has been exceeded.

How often can I apply for a Schengen visa?

A Schengen visa can be applied for again and again after the validity period has expired. However, you must first go back to your home country and apply for your visa from there.

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