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Schengen Visa Overstay - Poland

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zsat69
Newly Registered
Posts: 12
Joined: Thu Jun 16, 2016 5:58 pm

Schengen Visa Overstay - Poland

Post by zsat69 » Thu Jun 16, 2016 6:23 pm

Hi All

I'm a Srilankan national, working in the UK for the past 6 years.

I got a Schengen visa which is valid for 3 months, but I can spend only 20 days in the schengen area. I was naive to think, the maximum no of days in one visit should not exceed 20 and not the total, as last year I got the visa to do so.

I travel around the weekends, visit only one country in Schengen area and always come back to the UK.

I've done 7 visits to the Schengen area this year. And I've spent 28 days in the Schengen visa.

I went to Berlin 2 weeks ago and didn't have any issue. I was there for 5 days, when I went there I already exceeded the days to spend in Schengen area [ Unfortunately I didn't know]

Last week I went to Poland and I was allowed to enter the country [ Again I didn't know else I wouldn't have travelled] And on my return flight, the lady in the immigration took a long time and starting counting the days, with the stamps on my passport. After 30 minutes she said I came to Poland illegally. Only that point I realized I can't travel more than 20 days.

I was asked to sign a document which was in Polish. I wasn't given any explanation and told if you sign, you can catch your flight. And she didn't speak English and insisted I should speak Polish. To be honest she was rude!

I did some research once I came home and found that people on similar circumstances have to pay a fine of 100 Euros or so. Isn't the duty of the officer to explain me?

She said it was illegal I strongly disagree as I travelled from the UK and it was their incompetency to let me in without checking the visa

My questions are

1) Why I was allowed to enter to Poland ? [ I came from the UK and not a schengen country] I asked the question to the officer in Poland, she refused to answer me. As far as I see they just want to make money. Has anyone been in this situation? I was given a document in Polish, trying to translate.

2) Will I get rejected if I apply for a Schengen visa ? Again I didn't get an answer from the officer

3) Is it a criminal offence?

4) I'm applying for ILR in 3 months, should I mention this ? Will it effect my application?

5) Can I complain anywhere [ Its my mistake about the 20 days but I believe they shouldn't have let me in [its their fault] Can I try to visit the Polish embassy?

Please let me know !

Thanks

Sathish

liksah
Junior Member
Posts: 74
Joined: Thu Dec 12, 2013 5:14 pm

Re: Schengen Visa Overstay - Poland

Post by liksah » Fri Jun 17, 2016 7:26 am

You overstayed your visa and are now saying that the Polish border guards just want to make money?

If they noticed that your visa was invalid, why would they let you in as an 'illegal'. What guarantee do they have that you would leave in a few days? Would they do all of that to just make 100 EUR ? What guarantee do they have that you would be able to pay the 100 EUR?

It just looks like no one noticed, until they did notice. You need to find out what the document you signed contained. Do you have a copy of it? If they entered your overstay in the Schengen Information System then yes, it will be hard to get another Schengen visa.

I don't know if it will affect your ILR situation but you should vote for Brexit ;)

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