Will I be refused entry to the UK if I have stayed more than 90 days in the Schengen countries?
I am from the US and came to Spain to be an Au Pair.
I came on a tourist visa and it's now expired by almost 4 months.
I am trying to go back home but wanted to make one last visit to the UK before heading back.
I have read a few things online that says that the UK has denied entry to those who have overstayed more than 90 days in Schengen countries.
I was hoping to hear from people with previous experience or those who know more information on the subject.
schengen uk us-citizens spain overstaying
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
asked Apr 27 '16 at 14:58
user42849user42849
92
|
show 3 more comments
I am from the US and came to Spain to be an Au Pair.
I came on a tourist visa and it's now expired by almost 4 months.
I am trying to go back home but wanted to make one last visit to the UK before heading back.
I have read a few things online that says that the UK has denied entry to those who have overstayed more than 90 days in Schengen countries.
I was hoping to hear from people with previous experience or those who know more information on the subject.
schengen uk us-citizens spain overstaying
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
asked Apr 27 '16 at 14:58
user42849user42849
92
2
Schengen tourist visas are not issued to US citizens, since you can enter without a visa. Perhaps you can clarify your situation, since as asked, the question does not make much sense? Did you perhaps enter Spain without a visa and have stayed longer than the allowed 90 days?
– Tor-Einar Jarnbjo
Apr 27 '16 at 15:08
9
I suspect you weren't supposed to be working in Spain as an au pair on a tourist visa either.
– Zach Lipton
Apr 27 '16 at 16:58
5
Your first question should be how to get out of Schengen without being served or fined. The outcome of that event will weigh heavily on how the UK reacts to your arrival. All the rest is pure conjecture and we are not prophets. Read the archives here about getting out of Schengen when you are in breach.
– Gayot Fow
Apr 27 '16 at 17:00
2
@GayotFow I must admit that I don't find any concise legal text for it right now, but I am pretty sure that Schengen visas are not issued if you don't need one. The closest I can come is that the Schengen visa code is only applicable to citizens requiring a visa (regulation EC 810/2009, article 1(2)), which probably is being interpreted as that there is no legal basis for issuing a visa to persons not requiring one. A criminal record outside the EU is usually not relevant when entering the Schengen area and you are not asked about it in the visa application.
– Tor-Einar Jarnbjo
Apr 27 '16 at 19:09
2
@ZachLipton - it seems to depend somewhat on individual member state's rules, but the actual standard format for Au Pairs coming from outside of Schengen/EU is to come over on a visit visa/visa waiver, then apply to convert status once in the country but before beginning work. It seems that our OP missed that important second step.
– CMaster
Apr 28 '16 at 9:45
|
show 3 more comments
I am from the US and came to Spain to be an Au Pair.
I came on a tourist visa and it's now expired by almost 4 months.
I am trying to go back home but wanted to make one last visit to the UK before heading back.
I have read a few things online that says that the UK has denied entry to those who have overstayed more than 90 days in Schengen countries.
I was hoping to hear from people with previous experience or those who know more information on the subject.
schengen uk us-citizens spain overstaying
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
asked Apr 27 '16 at 14:58
user42849user42849
92
I am from the US and came to Spain to be an Au Pair.
I came on a tourist visa and it's now expired by almost 4 months.
I am trying to go back home but wanted to make one last visit to the UK before heading back.
I have read a few things online that says that the UK has denied entry to those who have overstayed more than 90 days in Schengen countries.
I was hoping to hear from people with previous experience or those who know more information on the subject.
schengen uk us-citizens spain overstaying
schengen uk us-citizens spain overstaying
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
asked Apr 27 '16 at 14:58
user42849user42849
92
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
asked Apr 27 '16 at 14:58
user42849user42849
92
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
edited Apr 27 '16 at 16:55
Gayot Fow
76k22200382
76k22200382
asked Apr 27 '16 at 14:58
user42849user42849
92
asked Apr 27 '16 at 14:58
user42849user42849
92
asked Apr 27 '16 at 14:58
user42849user42849
92
92
2
Schengen tourist visas are not issued to US citizens, since you can enter without a visa. Perhaps you can clarify your situation, since as asked, the question does not make much sense? Did you perhaps enter Spain without a visa and have stayed longer than the allowed 90 days?
– Tor-Einar Jarnbjo
Apr 27 '16 at 15:08
9
I suspect you weren't supposed to be working in Spain as an au pair on a tourist visa either.
– Zach Lipton
Apr 27 '16 at 16:58
5
Your first question should be how to get out of Schengen without being served or fined. The outcome of that event will weigh heavily on how the UK reacts to your arrival. All the rest is pure conjecture and we are not prophets. Read the archives here about getting out of Schengen when you are in breach.
– Gayot Fow
Apr 27 '16 at 17:00
2
@GayotFow I must admit that I don't find any concise legal text for it right now, but I am pretty sure that Schengen visas are not issued if you don't need one. The closest I can come is that the Schengen visa code is only applicable to citizens requiring a visa (regulation EC 810/2009, article 1(2)), which probably is being interpreted as that there is no legal basis for issuing a visa to persons not requiring one. A criminal record outside the EU is usually not relevant when entering the Schengen area and you are not asked about it in the visa application.
– Tor-Einar Jarnbjo
Apr 27 '16 at 19:09
2
@ZachLipton - it seems to depend somewhat on individual member state's rules, but the actual standard format for Au Pairs coming from outside of Schengen/EU is to come over on a visit visa/visa waiver, then apply to convert status once in the country but before beginning work. It seems that our OP missed that important second step.
– CMaster
Apr 28 '16 at 9:45
|
show 3 more comments
2
Schengen tourist visas are not issued to US citizens, since you can enter without a visa. Perhaps you can clarify your situation, since as asked, the question does not make much sense? Did you perhaps enter Spain without a visa and have stayed longer than the allowed 90 days?
– Tor-Einar Jarnbjo
Apr 27 '16 at 15:08
9
I suspect you weren't supposed to be working in Spain as an au pair on a tourist visa either.
– Zach Lipton
Apr 27 '16 at 16:58
5
Your first question should be how to get out of Schengen without being served or fined. The outcome of that event will weigh heavily on how the UK reacts to your arrival. All the rest is pure conjecture and we are not prophets. Read the archives here about getting out of Schengen when you are in breach.
– Gayot Fow
Apr 27 '16 at 17:00
2
@GayotFow I must admit that I don't find any concise legal text for it right now, but I am pretty sure that Schengen visas are not issued if you don't need one. The closest I can come is that the Schengen visa code is only applicable to citizens requiring a visa (regulation EC 810/2009, article 1(2)), which probably is being interpreted as that there is no legal basis for issuing a visa to persons not requiring one. A criminal record outside the EU is usually not relevant when entering the Schengen area and you are not asked about it in the visa application.
– Tor-Einar Jarnbjo
Apr 27 '16 at 19:09
2
@ZachLipton - it seems to depend somewhat on individual member state's rules, but the actual standard format for Au Pairs coming from outside of Schengen/EU is to come over on a visit visa/visa waiver, then apply to convert status once in the country but before beginning work. It seems that our OP missed that important second step.
– CMaster
Apr 28 '16 at 9:45
2
2
Schengen tourist visas are not issued to US citizens, since you can enter without a visa. Perhaps you can clarify your situation, since as asked, the question does not make much sense? Did you perhaps enter Spain without a visa and have stayed longer than the allowed 90 days?
– Tor-Einar Jarnbjo
Apr 27 '16 at 15:08
Schengen tourist visas are not issued to US citizens, since you can enter without a visa. Perhaps you can clarify your situation, since as asked, the question does not make much sense? Did you perhaps enter Spain without a visa and have stayed longer than the allowed 90 days?
– Tor-Einar Jarnbjo
Apr 27 '16 at 15:08
9
9
I suspect you weren't supposed to be working in Spain as an au pair on a tourist visa either.
– Zach Lipton
Apr 27 '16 at 16:58
I suspect you weren't supposed to be working in Spain as an au pair on a tourist visa either.
– Zach Lipton
Apr 27 '16 at 16:58
5
5
Your first question should be how to get out of Schengen without being served or fined. The outcome of that event will weigh heavily on how the UK reacts to your arrival. All the rest is pure conjecture and we are not prophets. Read the archives here about getting out of Schengen when you are in breach.
– Gayot Fow
Apr 27 '16 at 17:00
Your first question should be how to get out of Schengen without being served or fined. The outcome of that event will weigh heavily on how the UK reacts to your arrival. All the rest is pure conjecture and we are not prophets. Read the archives here about getting out of Schengen when you are in breach.
– Gayot Fow
Apr 27 '16 at 17:00
2
2
@GayotFow I must admit that I don't find any concise legal text for it right now, but I am pretty sure that Schengen visas are not issued if you don't need one. The closest I can come is that the Schengen visa code is only applicable to citizens requiring a visa (regulation EC 810/2009, article 1(2)), which probably is being interpreted as that there is no legal basis for issuing a visa to persons not requiring one. A criminal record outside the EU is usually not relevant when entering the Schengen area and you are not asked about it in the visa application.
– Tor-Einar Jarnbjo
Apr 27 '16 at 19:09
@GayotFow I must admit that I don't find any concise legal text for it right now, but I am pretty sure that Schengen visas are not issued if you don't need one. The closest I can come is that the Schengen visa code is only applicable to citizens requiring a visa (regulation EC 810/2009, article 1(2)), which probably is being interpreted as that there is no legal basis for issuing a visa to persons not requiring one. A criminal record outside the EU is usually not relevant when entering the Schengen area and you are not asked about it in the visa application.
– Tor-Einar Jarnbjo
Apr 27 '16 at 19:09
2
2
@ZachLipton - it seems to depend somewhat on individual member state's rules, but the actual standard format for Au Pairs coming from outside of Schengen/EU is to come over on a visit visa/visa waiver, then apply to convert status once in the country but before beginning work. It seems that our OP missed that important second step.
– CMaster
Apr 28 '16 at 9:45
@ZachLipton - it seems to depend somewhat on individual member state's rules, but the actual standard format for Au Pairs coming from outside of Schengen/EU is to come over on a visit visa/visa waiver, then apply to convert status once in the country but before beginning work. It seems that our OP missed that important second step.
– CMaster
Apr 28 '16 at 9:45
|
show 3 more comments
1 Answer
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votes
The UK border is very tough.
I can't give you a yes/no answer, but since you have already overstayed one visa, it would be perfectly reasonable of them to assume you are going to overstay a second one. If they think this they won't let you in. You'll be officially declined entry, it will be entered in your passport, and then good luck travelling anywhere outside of the USA on that passport.
Basically I wouldn't risk it. I've been held in an interrogation room at the UK border for a situation similar to yours. Not fun. I hadn't overstayed any visa but I was relying on older agreements between New Zealand and European states that pre-date Schengen, are still in effect, but not widely known about or understood.
answered Apr 28 '16 at 9:36
damiandamian
1612
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The UK border is very tough.
I can't give you a yes/no answer, but since you have already overstayed one visa, it would be perfectly reasonable of them to assume you are going to overstay a second one. If they think this they won't let you in. You'll be officially declined entry, it will be entered in your passport, and then good luck travelling anywhere outside of the USA on that passport.
Basically I wouldn't risk it. I've been held in an interrogation room at the UK border for a situation similar to yours. Not fun. I hadn't overstayed any visa but I was relying on older agreements between New Zealand and European states that pre-date Schengen, are still in effect, but not widely known about or understood.
answered Apr 28 '16 at 9:36
damiandamian
1612
add a comment |
The UK border is very tough.
I can't give you a yes/no answer, but since you have already overstayed one visa, it would be perfectly reasonable of them to assume you are going to overstay a second one. If they think this they won't let you in. You'll be officially declined entry, it will be entered in your passport, and then good luck travelling anywhere outside of the USA on that passport.
Basically I wouldn't risk it. I've been held in an interrogation room at the UK border for a situation similar to yours. Not fun. I hadn't overstayed any visa but I was relying on older agreements between New Zealand and European states that pre-date Schengen, are still in effect, but not widely known about or understood.
answered Apr 28 '16 at 9:36
damiandamian
1612
add a comment |
The UK border is very tough.
I can't give you a yes/no answer, but since you have already overstayed one visa, it would be perfectly reasonable of them to assume you are going to overstay a second one. If they think this they won't let you in. You'll be officially declined entry, it will be entered in your passport, and then good luck travelling anywhere outside of the USA on that passport.
Basically I wouldn't risk it. I've been held in an interrogation room at the UK border for a situation similar to yours. Not fun. I hadn't overstayed any visa but I was relying on older agreements between New Zealand and European states that pre-date Schengen, are still in effect, but not widely known about or understood.
answered Apr 28 '16 at 9:36
damiandamian
1612
The UK border is very tough.
I can't give you a yes/no answer, but since you have already overstayed one visa, it would be perfectly reasonable of them to assume you are going to overstay a second one. If they think this they won't let you in. You'll be officially declined entry, it will be entered in your passport, and then good luck travelling anywhere outside of the USA on that passport.
Basically I wouldn't risk it. I've been held in an interrogation room at the UK border for a situation similar to yours. Not fun. I hadn't overstayed any visa but I was relying on older agreements between New Zealand and European states that pre-date Schengen, are still in effect, but not widely known about or understood.
answered Apr 28 '16 at 9:36
damiandamian
1612
answered Apr 28 '16 at 9:36
damiandamian
1612
answered Apr 28 '16 at 9:36
damiandamian
1612
answered Apr 28 '16 at 9:36
damiandamian
1612
1612
add a comment |
add a comment |
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2
Schengen tourist visas are not issued to US citizens, since you can enter without a visa. Perhaps you can clarify your situation, since as asked, the question does not make much sense? Did you perhaps enter Spain without a visa and have stayed longer than the allowed 90 days?
– Tor-Einar Jarnbjo
Apr 27 '16 at 15:08
9
I suspect you weren't supposed to be working in Spain as an au pair on a tourist visa either.
– Zach Lipton
Apr 27 '16 at 16:58
5
Your first question should be how to get out of Schengen without being served or fined. The outcome of that event will weigh heavily on how the UK reacts to your arrival. All the rest is pure conjecture and we are not prophets. Read the archives here about getting out of Schengen when you are in breach.
– Gayot Fow
Apr 27 '16 at 17:00
2
@GayotFow I must admit that I don't find any concise legal text for it right now, but I am pretty sure that Schengen visas are not issued if you don't need one. The closest I can come is that the Schengen visa code is only applicable to citizens requiring a visa (regulation EC 810/2009, article 1(2)), which probably is being interpreted as that there is no legal basis for issuing a visa to persons not requiring one. A criminal record outside the EU is usually not relevant when entering the Schengen area and you are not asked about it in the visa application.
– Tor-Einar Jarnbjo
Apr 27 '16 at 19:09
2
@ZachLipton - it seems to depend somewhat on individual member state's rules, but the actual standard format for Au Pairs coming from outside of Schengen/EU is to come over on a visit visa/visa waiver, then apply to convert status once in the country but before beginning work. It seems that our OP missed that important second step.
– CMaster
Apr 28 '16 at 9:45