A Schengen visa overstay (visa overrun) is a situation when a foreign national stays longer in the Netherlands or the Schengen area than is permitted with the visa. Nationalities that do not require a visa can also be faced with an overstay if they stay in the Schengen area for longer than 90 days.
This can have consequences such as a fine, a ban on returning (entry ban) or even criminal prosecution. It is therefore important to keep an eye on the validity period of a Schengen visa and to apply for an extension in good time or to leave the Netherlands/the Schengen area before the visa expires.
Overstay occurs in the following situations:
- Your visa is no longer valid. And you didn't leave the Schengen area in time.
- You stay longer than the free term. The free term is in the maximum time in which you can be in the Schengen area without a visa. This is 90 days in a 180-day period.
- You are in the free period, but no longer meet the general rules of the free period. For example, because you don't have enough money (anymore).
An overstay is almost always noticed
An overstay due to an expired visa is almost always noticed. The immigration authorities, in our case the Royal Military Police, have registered in their databases every person entering and leaving Schengen. Any overstay, even if only for one day, is registered. Whether your overstay is accidental or intentional, no overstay will go unpunished. You risk a fine, deportation or even a ban on the Schengen zone to enter to travel for a certain time. You will then be issued an entry ban.
Prevent overstay by contacting the IND in good time
In exceptional situations you can get permission from the IND to stay longer in the Netherlands, but you must request this permission about this your visa expires. Only compelling reasons will be accepted by the IND accepted, for example due to a serious illness, force majeure or important personal reasons. You must always explain and prove this. In addition, there are a number of conditions that you must meet, such as being in possession of a valid Schengen travel insurance.
Consequences of an overstay
You must therefore avoid an overstay (visa crossing) at all times! If you stay longer than permitted in the Schengen area without permission from the IND, you are staying illegally in the Netherlands or Europe. This can be punished with a fine, an entry ban (you are then no longer welcome for 1 or several years) and of course makes future applications for a Schengen visa more difficult. So don't do such an overstay!
Entry ban due to overstay
Get caught having an overstay? Then you will usually receive an entry ban. An entry ban means that you are not allowed to travel to the Netherlands and all other countries of the EU/EEA (except Ireland) and Switzerland. The IND, police (AVIM), Seaport Police and the Royal Netherlands Marechaussee (KMar) can issue an entry ban. The entry ban is imposed in a decision. This states how long this applies. It also states for which countries the entry ban applies.
The entry ban makes traveling to the Netherlands and being in the Netherlands punishable. You can receive a prison sentence of up to 6 months or a large fine. The Dutch government can put you across the border. Even if your prison sentence has ended.
The entry ban will be entered in an information system. This is called signalling. Other countries will then know that you have an entry ban. The decision for the entry ban states in which system you will be reported. There are 2 systems:
- Executie & Signalering (E&S): This is an information system of the Dutch police and the Royal Netherlands Marechaussee. Only the Dutch police and Marechaussee can check E&S.
- Schengen Information System (SIS): All border guards of Schengen countries can check SIS.
Expensive entry ban
An entry ban usually lasts 2 years. Sometimes an entry ban can be shorter or longer. The decision states how long your entry ban will last. This depends on your situation:
- 1 year: with an overstay of more than 3 to 90 days.
- 2 years: standard period (for example, with an overstay of more than 90 days).
- 10 years: if you are a threat to public order.
- 20 years: if you are a threat to public order and national security
Start entry ban
The duration of your entry ban starts on:
- the day (date) that you actually leave the EU/EEA and Switzerland; or
- the day (date) you return to another EU/EEA country or Switzerland if you are allowed to live there.
End of entry ban
Has the period of the entry ban ended? And have you complied with the rules of the entry ban? Then the entry ban will end automatically. You can travel to the Netherlands and other EU/EEA countries and Switzerland again. If you are subject to a visa requirement, you must of course first obtain one Apply for a Schengen visa. Then make sure that you also report this yourself with your application.
Objection or appeal against entry ban
You can against the entry ban object or appeal . The decision states what you can do, such as lodging an objection with the IND or lodging an appeal with the court.
Ask for the lifting of the entry ban
You can ask for the entry ban to be lifted if you want the entry ban to end. This is only possible in special and urgent situations. Send a letter to the IND in which you request that the entry ban be lifted. Explain in the letter why you want the IND to (temporarily) lift the entry ban.
Source: National Government and IND – the above text is for information only, no rights can be derived from it. Always check with the official authorities for the most recent information and regulations.
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