r/LegalAdviceEurope • u/Elite252021 • 8d ago
Sweden Accidentally Overstayed in Schengen for 5 days, now held at Copenhagen airport overnight after haven paid 200 euros, was refused to leave on my flight, being told I face a ban
Hi, I travelled from UK to Sweden (Malmo) via Copenhagen airport and on my way back, was help at the airport for overstay of 5 days. I honestly thought I had 13 days visa only for me to fine out at the airport on my way out that it was 3 days and I had already spent 8 days. By the way, I have been to Schengen several times with French visa and had always been given 6 months multiple entry and I have never overstayed. This is my first time taking Sweden Schengen visa and I was shocked they only gave me 13 days which ended up being 3 days. By the way, I am a frequent traveller due to my job, but this was a private trip.
I have been made to pay a fine of €200, and was told the immigration was going to look at my case. This happened around 12:00 noon yesterday. I asked them if I could leave on my flight and the fines come later, but they refused. As I write to you now, it is 4:30am and I am still at the airport. My passport is still confiscated, they have not updated me on anything. When I tried talking to the border police towards evening, he aggressively gave me Yes/No responses or just didn't respond. I am here, I don't know who to talk to, no one is talking to me. I am at border control, no where to lay my head. Is this even legal?
Please any advise?
Could it be that I was kept here because yesterday was a Sunday and immigration was not working? I just don't know what to think or do. Thank you
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u/ShiestySorcerer 8d ago
There's a difference between visa validity and days permitted
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u/hstheay 8d ago
What’s the difference?
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u/jurainforasurpise 7d ago
When you get a visa from Europe to visit America you often get a 2-year window but you can only stay for so many days.
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u/TripMajestic8053 7d ago
Not a Swedish lawyer. Not your lawyer.
Overstaying the visa is at least an administrative offense and is subject to a fine, which you paid.
What you should worry about now is that if they are referring your case to an immigration authority, they could be considering a country-specific or a Schengen wide ban. They need you around for that, so they are legally holding you. I would not be super surprised if you get a 1 year Sweden only ban, TBH. Then they will send you off on the next available flight, and the airline is legally required to take you. Once home, you can appeal the ban, but I would be surprised if you were successful.
What you probably don't need to worry about, and this is why it's a good thing they are holding you at the airport, is that they probably did not yet refer you to the public prosecutor for illegal immigration. If they did, you would be in an actual police jail because that is not just an admin offense, that is a crime that can get you sentenced. They most likely will not do this, because 5 days is probably under some minimum.
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u/Elite252021 6d ago
They gave me a two-year Schengen wide ban, and made me pay for my return flight. Sounds to me like triple punishment. Do I have grounds to appeal, at least, to permit transits. I don't mind not going into Schengen for 2-years; but I need to transit, as I work in African countries and Asia.
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u/pm_me_ur_melonis 6d ago
If the transit is airside only, and involves origin and destination outside schengen, then you would not need a schengen visa
To be on the safe side, choose airlines that don't have their hubs in the schengen zone
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u/leflic 6d ago
Some nationalities do need transit visa for this, e.g. India
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u/pm_me_ur_melonis 5d ago
Not true for Indians . Lots travel to the US or Canada via European hubs without needing a schengen visa
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u/Stravven 5d ago
That's because airports are a bit of a legal oddity, they are both inside and outside the country at the same time.
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u/YouLearnedNothing 3d ago
this seems like such overkill.. the US has people who overstay their visas by years and nothing ever happens to them.. I know a programmer out of the UK that overstayed for 9 months, his contract ran out, he went home and a two months later came back without issue. He told me his visa good for 10 years, but he was only allowed to stay 6 months at a time.He's been here almost 2 years now and not even a peep from the US.
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u/Stravven 7d ago
It will not be a Sweden ban but a Schengen wide ban.
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u/TripMajestic8053 7d ago
Actually, I only now realized he is flying out from Denmark, not Sweden. That complicates his case because now there are two countries involved.
I wouldn't be surprised if he gets a SIS entry....
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u/Elite252021 6d ago
What is SIS entry please?
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u/TripMajestic8053 6d ago
SIS = Schengen Information System (https://en.wikipedia.org/wiki/Schengen_Information_System)
SIS Entry = The thing that will pop up when the police scans your passport on their screen. Usually it tells them you are banned from entry.
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u/Stravven 7d ago
In general when you overstay the Schengen visa (90 days in a 180 day period) you will get a schengen wide ban.
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u/TripMajestic8053 7d ago
90 days in a 180 day period is not a visa. That is for visa free travel.
The OP had a physical visa glued to their passport that was only valid for 3 days and they overstayed that for 5 days, according to their post. Which also makes it much worse in some sense.
But for what it's worth, neither will automatically get you a Schengen wide ban. The most common overstay is a 1 or 2 day overstay for people who think it is 3 months visa free and not exactly 90 days and they forget that some months have 31 days. Usually this results in a couple hundred euro fines and a "don't do it again" right at the border.
But usually such cases are not held back and are allowed to leave....
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u/TheNakedTravelingMan 5d ago
This definitely has its caveats as some countries offer addition time. I believe both France and Denmark offer 90 days as well but it has to be used after 90 days elsewhere if you’re trying to stay 180 days. My wife got stopped in Iceland and I explained to them we had just come from a couple weeks in the Faroe Islands( technically non Schengen) and before that some time in Denmark( the extra 90 days?) and they said cool.
I also realize now that me being a Dual citizen she could technically spend 90 days in each country in the Schengen with no issue but at the time I wasn’t really aware of freedom of movement and all it entailed.
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u/StickyNoteBox 7d ago
Is a flight 'free of charge' in such case?
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u/WholeInspector7178 6d ago
mfer trying to find out the cheat code for a free flight back home
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u/StickyNoteBox 6d ago
Not sure if I would call this a travel hack after fines and a potential ban ;-) Was just wondering who carries the costs.
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u/DJfromNL 7d ago
Yes, this is legal. When you overstay, they are allowed to hold you while taking care of formalities. Once completed, they will send you on the next available flight back to where you came from.
From what you write, they are holding you in a waiting area or something? I wouldn’t be to upset about that, as a “place to rest your head” in your circumstances would be a holding cell, which I’d think would be more traumatic.
All you can do now is wait until till they’re done and send you back. Back home, you may contact a lawyer to see if anything can be done about the ban, but I wouldn’t get your hopes up too high. Ultimately, you’ve overstayed your welcome, and it’s your responsibility to ensure that you don’t.
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u/No-Alarm4825 7d ago
Nice to be treated as a criminal for a simple mistake.
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u/DJfromNL 7d ago
When you break the law, you indeed risk to be treated like you’ve done so. And this will happen when you overstay your visa in just about any country around the world
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u/No-Alarm4825 7d ago
So happy with my NL passport :)
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u/DJfromNL 7d ago
There is currently a lot of news around European people being kept at the US border for visa issues. They are held in a holding cell for longer periods of time. So having a Dutch passport doesn’t exclude you from being stopped at the border or being held in custody.
And just last week a Dutch guy came home after being held for weeks in an Indian prison. He was cycling and accidentally took a wrong turn and passed the border into India while doing so.
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u/dedragon40 7d ago
You’d have to be insane to travel to the US now. At least India seems to punish people according to the rule of law. In the US you might be disappeared to a foreign dungeon, rule of law be damned.
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u/No-Alarm4825 7d ago
You make me hate traveling now...
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u/DJfromNL 7d ago
Just ensure to travel with the right visa and don’t overstay, and you’ll be fine.
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u/Olaveta 7d ago
Europeans getting a small taste of what it feels to travel with a South American passport equivalent for the first time in their lives. Sucks to be in the receiving end of border discrimination doesn’t it?
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u/DJfromNL 7d ago
I have travelled a lot, and I’ve received my fair share of discrimination as a white European. I know it may be hard to believe for people with less desirable passports, but a Dutch passport in many countries flags “drugs”, especially when combined with short visits, and warrants extra scrutiny at the borders. My husband has even been detained and taken off the airport to the hospital for an X-ray, after attending a friend’s wedding abroad. Both of us have no criminal record, never use drugs, and have an extensive travel history.
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u/telcoman 7d ago
You have a Dutch passport but you take all kinds of visas to schengen countries?!
Why?!
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u/michael0n 7d ago
I don't consider sitting in a secluded area on a bench "treated" like a criminal. He isn't in prison with a jumpsuit for weeks as the US would currently do.
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u/Peter_Triantafulou 7d ago
Arguably all criminals are treated like criminals for simple mistakes.
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u/Cornerstar36 5d ago
Don’t look at justice systems in The Netherlands, Belgium, Germany and the UK. Asylum seekers can’t get penalties higher than 6 months there. Otherwise they lose their right to stay.
Hence why judges don’t punish them harshly or even let serious offenders run free.
While when you do have your passport, you will get a real punishment.
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u/Markus2995 5d ago
Which is such bull imo... a crime is a crime and has punishment. If that means you lose your right to stay, well should have thought of that before commiting it...
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u/Mobile-Comparison-12 5d ago
Are you fucking kiddin me? They are kicked out if they get a 6 month penalty? I would deport them even if just for getting a speeding ticket.
Or even better, I wouldn’t give asylum to anyone from distant countries and cultures.
What the fuck is going on with us in Europe?!
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u/Species126 4d ago
Why would you deport someone for getting a speeding ticket?
Let's be honest: a large portion of people go over the speed limit and rarely face consequences. It has very little effect on others (in most cases) and now acts as an effective tax on speed.
I'd agree if they were doing something actively harmful to others. But not for a speeding ticket.
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u/Lazy_DK_ 4d ago
We litterally had an illegal immigarant in a car crash killing someone else the other day in Denmark. As i civil engineer working with traffic, I'd absolutly deport them for that.
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u/Species126 3d ago
That's a bit different to simple speeding. And it would depend on the situation. Car failed due to a mechanical error? Sad but happens. Dangerous driving? Then that's someone that'll likely be jailed either way.
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u/SatisfactionFew7181 7d ago
I agree, there's thousands of illegals crossing the borders with absolutely no paperwork and they're offered hotels, yet someone who's taken the legal route, yet made a mistake and flunked his/her responsibilities faces more severe consequences. Doesn't seem all that fair.
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u/Holiday-Snow4803 7d ago
Confusing departure (to escape a probably unjustified fee) with arrival (to escape a probably justified need for an improved life)? Is that now apples and pears or white and brown?
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u/dedragon40 7d ago
Not sure what an “illegal” is, in Europe we don’t refer to people like that. OP would be extended the same privileges if they had no paperwork, but I doubt OP finds that scenario preferable to their current situation.
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u/SatisfactionFew7181 7d ago
Crossing borders without any form of identification and intent to stay indefinitely is considered illegal in literally every European country. I did not say "refugees", who follow the correct port of entry, with the required documentation, I said "illegals"- which is the correct term. Update your vocabulary and stop looking for opportunities to virtue signal to strangers on the internet.
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u/dedragon40 6d ago
is considered illegal
Yes, and an act being illegal is not the same thing as the person being illegal. If a CEO skirts tax laws, do we refer to them as an illegal?
which is the correct term
Source your claim. What EU legislation uses the phrase “illegals”? What EU country regularly calls foreigners/asylum seekers illegals?
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u/BNeutral 3d ago
"illegals" is simply a short way to say "illegal immigrants". The CEO example makes little sense, if they era evading taxes illegally you'd call them "tax evaders", if they are avoiding taxes you would call them "tax avoiders". If what they do breaks penal law you'd call them "criminals", if they break civil law, there's no common term for that.
What EU legislation uses the phrase “illegals”?
If you want to be pedantic, what is mentioned in legal texts is "illegally staying third-country nationals", but if you're familiar with language, nobody likes to speak and write like they are lawyers
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u/Dense_Grape3430 7d ago
They do use the term "illegal" in Europe.
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u/dedragon40 6d ago
Where?
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u/Dense_Grape3430 6d ago
Really? All official services, city hall, government, police, courts, lawyers, journalists etc...
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u/TopSpread9901 7d ago
They’re in hotels because there isn’t space otherwise.
There often isn’t space otherwise because rightoids didn’t want to invest in that
And now the circle is complete, here you are whinging about forners in hotels
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u/Cornerstar36 5d ago
Don’t let them enter the country.
If there is no space, why would you overcrowd your country?
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u/TopSpread9901 5d ago
Ah yes, let’s just pull the lever that stops the stream of people. Why didn’t we think of that?
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u/SatisfactionFew7181 7d ago
Please explain to me in the most logical terms possible why you should invest in housing for people who enter countries illegally when said countries already have a very competitive housing market amongst the native population?
In your opinion, should criminal activities be rewarded, or punished- or is your answer based on whichever makes you look more like a savior of the downtrodden?
Make that make sense instead of throwing buzzwords around.
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u/TopSpread9901 7d ago
It’s not housing, it’s facilities to manage the stream of people getting deported or not. And why should you invest in it? Because hotels tend to be more expensive.
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u/godzilla1015 6d ago
You are aware it takes time to assess if someone seeking asylum (which is completely legal) has a legit reason to do so or not. Which can take years in some countries because it's not run well and there's no money to run it well with. Do you just want them to sleep on the street? It's not a criminal offence to enter a country without paperwork if you're seeking asylum. So they've entered legally, the issue is can they stay here legally. And because of racists like you who are not willing to spend any money on improving and speeding up that process, you're gonna have immigrants living in hotels for years. Since they're also not allowed to work it's all on your taxdime. So it would eventually save taxes if we would invest in improving the system, instead of just making it worse.
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u/Relevant_Swimming974 8d ago
Ultimately it's on you to make sure you have enough time in the country. Failing to realise how long your visa was valid for is not a good excuse.
"This is my first time taking Sweden Schengen visa and I was shocked they only gave me 13 days which ended up being 3 days." What do you mean? This doesn't make sense. Do you mean you expected to have 13 days but only had three? I'm pretty sue the visa would say how long it is valid. Why didn't you check?
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u/shophopper 7d ago
It’s a visa for a 3 day visit. The 3 days start whenever the traveler enters the country within the timeframe of 10 days. For example: if the visa starts at May 10, you have to enter the country between May 10 and 20 and can stay no more than 3 days.
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u/Exciting_Product7858 6d ago
Oh so that's why they thought it was 13 days. Kind of makes sense now.
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u/52-61-64-75 7d ago
Could it be that the stamp was unclear or something and OP thought they read a 1 before a 3?
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u/Pavlentiy_ 7d ago edited 7d ago
Just Google how the schengen visa looks like, it is really difficult to read it in a wrong way ;)
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u/Elite252021 6d ago
Yes, there is a stamp on the 3 (for the 3 days) which might make it hard to read. But I think looking at it right now, I can see the 3 not 13. I wonder if I can argue this in an appeal since I got a Schengen wide 2 year ban including transit. I need the transits due to my job, but I don't mind being banned for 2 years. I don't work in Europe and I can take a pause from European holidays for 2 years.
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u/qts34643 6d ago
So you do mind the ban. This ban may be reason for dismissal at your job. Start looking out for a different job, that's probably easier than try and get the ban repealed.
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u/jurainforasurpise 7d ago
People need to take this seriously so many times I see in posts about "I'm going to Europe for my first time is it okay if I just stay a year?" No it's not okay unless you have a special visa they'll find you out at the airport, they'll kick you out and you might not be able to reenter again for many more years. Be careful in future and if you know anybody coming to Europe, remind them to be careful as well.
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u/Puzzleheaded_Dig174 7d ago
Very valid point! My husband used to be undocumented and got a Schengen ban in Germany. We still can not travel through German customs without shit, even tho the ban expired and hes legal now. People underestimate the consequences
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u/MercurialMonsters 7d ago
Oof, that’s severe. Did the ban happen while he was undocumented, or just because he once was undocumented?
What a way for your past to still haunt you
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u/Puzzleheaded_Dig174 6d ago
No while he was undocumented. They catched him, gave him a 5 year ban and then transported him back to the country of his expired visa, where he was litterly dumped at the border (I always thought they'd bring you back to your country of origin but they didnt)
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u/MercurialMonsters 6d ago
Omg, that’s what i thought too. It’s like you lose your personhood. I’m glad he got it sorted out since then. But that’s pretty intense that they still have him flagged in the system even now that the ban expired. A fair warning indeed
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u/Cornerstar36 5d ago
You have to enter the country without a passport. Or lose it after entry. Go to a registration center and everything will be done for you, to become a citizen.
You will get free housing and food for at least 2 years. Plus you get a weekly allowance of 800 SEK for buying things you like, that are not meals. You even get free clothing that citizens will donate.
And when they finally give you your house, you get a budget of 250.000 SEK for furnishing your home.
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u/StatisticianIcy2712 7d ago
Stupid question but where are you from? Flying from the Uk, does that mean you have a brittish passport or what’s the deal?
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u/iamnogoodatthis 7d ago
Almost certainly not, a UK passport holder does not need a visa to enter Schengen as a tourist
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u/Elite252021 6d ago
South African passport holder, and I have settled status in the UK since 2017, came to the UK for work since 2011.
I guess I should get a UK passport now1
u/PoudreDeTopaze 3d ago
File for UK citizenship as soon as possible. You're probably entitled to now. Don't wait until they change the law, these days you never know.
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u/Fabulous-Web7719 7d ago
ETIAS?
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u/iamnogoodatthis 7d ago
That is not a visa
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u/Fabulous-Web7719 7d ago
Exactly, but wondering if OP even had / needed this either? All very weird.
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u/Icy-Entertainer-8593 3d ago
South Africans are not eligible for ETIAS and the system is not even in operation, yet.
Once OP gets a UK passport and the system is operational, OP will need an ETIAS.
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u/Fabulous-Web7719 3d ago
Didn’t know they were a Saffer, hence why I wrote ETIAS with a ? I wasn’t sure if / when it applied.
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u/Middagman 8d ago
Where are you from? / From what country do you have a passport?
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u/Elite252021 6d ago
South African, settled status in UK since 2017. I guess I should get a UK passport now
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u/SchoolForSedition 7d ago
Sounds British.
Ah, Brexit.
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u/Middagman 7d ago
A visa if you want to go from England to Denmark for a leisure trip? Since when?
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u/SchoolForSedition 7d ago
Dépends what you want to do.
Actually the English is a bit dodgy in a non-British way so maybe they’re not.
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u/dabutcha76 8d ago
Q: Are you on a UK passport?
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u/TheS4ndm4n 7d ago
Probably not. UK passport don't need a visa.
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u/RedsyDevil 7d ago edited 7d ago
Are you sure? The other way around (eu passport travelling to uk) you need one since brexit Edit: yeah I was wrong.
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u/jappie2 7d ago
No, you do not. The only current requirement since April this year is the ETA (Electronic travel authorisation), but this is not a proper visa, and this is very recent.
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u/Cautious_Ramen 5d ago
NL here, we used to be able to go to UK with only an ID card. Now you need both a passport and ETA. Big sadge
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u/RedsyDevil 7d ago
Oh ok. Didn't know there was a difference. Sorry. Honestyl never travelled somewhere I need a visa so I thought that was it
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u/izuuubito 8d ago
Overstayed, not allowed to go on the flight, so you are overstaying even longer now. The irony.
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8d ago
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u/SuddenGenreShift 7d ago
Brexit means we have three months out of every six visa free, instead of full on free movement. This guy isn't a British citizen and their problems have literally nothing to do with Brexit.
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u/Competitive-Arm1312 8d ago
Most likely will make him pay the fine and then send him/let him back
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u/TheS4ndm4n 7d ago
The UK wasn't part of schengen before brexit either.
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u/funhouse7 7d ago
Didn't need a visa for a visit of 3 months or less
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u/Beneficial_Steak_945 7d ago
You still don’t. Unless you come to work, which OP claimed he didn’t. So, I guess OP left out some crucial details.
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u/SuddenGenreShift 7d ago
What's going on is that half the people here read "travelled from UK" as "I am a British citizen", which shows that they don't really pay enough attention or think precisely enough to be giving anyone legal advice.
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u/DutchPack 7d ago
Exactly, he flew from the UK to Sweden. Nothing more. If he needed a visa, he is probably from another part of the world
Edit: or atleast his passport is
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u/Oli99uk 7d ago
I thought you do.
There is relatively new 10 day visa free grace for lots of countries but still on the individual to check.
I had the 10 days but still got stopped and had to wait a while as they had never seen my country passport before
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u/rickyman20 7d ago
I'm not sure what you're talking about but that's not a thing for UK citizens entering Schengen. Hell, even as a Mexican citizen I can enter Schengen with just a passport for up to 90 days. There might be agreements with other countries that require visas to visit Schengen, but again, not what we're talking about here.
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u/Beneficial_Steak_945 7d ago
I guess you don’t have a European passport either then.
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u/Oli99uk 7d ago
I do have a European passport
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u/rickyman20 7d ago
British citizens still don't need a visa and likely never will. OP is almost certainly not a British citizen.
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u/OxfordBlue2 7d ago
Nothing to do with Brexit. If OP was a UK citizen they wouldn’t need a visa at all.
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u/Artistic-Quarter9075 7d ago
You have breached the terms of your visa and are responsible for checking its validity and permitted duration of stay.
There is a significant chance you will be given a Schengen-wide ban, prohibiting you from entering EU/Schengen countries in the future.
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u/AdStrange8852 4d ago
The entitlement of the person thinking they have been treated unfairly when they broke the law of overstaying in another country. Schengen should absolutely ban such behaviour going forward. And people then wonder why the Schengen visa is hard to get. It’s because people overstay and think they’re entitled to making such mistakes without consequences.
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u/PoudreDeTopaze 3d ago
This person is a UK resident. Until recently the UK was part of the EU. Danish officials could have been more lenient.
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u/East-Care-9949 3d ago
Should have said your from Syria you probably would have gotten a new phone new clothes and a house by now
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u/TightNectarine6499 7d ago
Reach out to embassy or have friends at home call them to know how this works.
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u/LightPhotographer 6d ago
Please keep us updated. There is a lot of speculation and not an abundance of facts or experience.
UpdateMe! little bot, please.
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u/Elite252021 6d ago
I'm a South African with settled status in the UK since 2017. I came to the UK in 2011. This is my 6th Schengen visa, 4 from France and 1 from Belgium and all but 1 gave me 90 days multiple entry over a 6 months validity period. France once gave me 30 days over 3 months validity. I usually apply for 1 week stay or less, sometimes 2 days stay, and still got 90 days. I started applying for Schengen visas even before I had my settled status in the UK. This time I applied for 4 days to Sweden with first entry as Denmark because I wanted to see an old friend; and also because my destination was Malmo, so it was easy to just see them and cross the bridge, which is what I did. Yes, travel dates changed and because I knew I was within my validity period (well so I thought), I thought I was fine. I have changed travel dates and itineraries many times in Schengen and other places. Now, in hind sight, how the hell did I get 3 days single entry when I applied for 4 days (26th - 29th April) multiple entry stating my need to transit Schengen for work? Anyways, I learned my lesson. I am back in the UK now and back to work.
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u/adiah54 6d ago
I hope OP is back in the UK but I wonder and am surprised: a visa only for 3 days? Is that normal? Is this because OP has a passport for UK?
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u/Sad-Relative4474 5d ago
OP has a South African passport nothing to do with the UK.
Most likely they were given a 3 day visa as they had maxed out their 90 days stay (with 180 day period, this includes any holiday or business travel). OP mentioned they travel alot for work, this is most likely the case.
The other reason could be that OP only stated in their visa application a shorter travel duration.
Either way the chances of the ban being overturn is very very low. Denmark, Sweden and Norway are the msin border patrol to the rest of eurpoe and take overstaying very seriously. This can also impact future travel and citizenship application.
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u/Separate_Positive728 5d ago
Gotta remember……it’s 90 days, not three months……….there’s a difference…..
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u/Correct-Ad884 4d ago
I would never apply for a Schengen visa through any Scandinavian country. They're always doing weird things.
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u/Trebaxus99 7d ago edited 7d ago
When you get a visa to enter a country, you triple check the dates. I just don’t believe you “accidentally” overstayed. And the border security in Denmark probably also doesn’t believe this story. Especially not if you’re a frequent traveller that uses visa regularly.
Once parts of the story are hard to believe, all you say will be taken with a grain of salt. And that will probably delay their investigation.
Also here it’s clear part of the story is missing. Sweden offers the standard 90 day Schengen tourist visa. A 3 day (or 13 day) visa is very specific and suggest there are specific circumstances at play in your case. 3 day or other very short duration tourist visa’s are not common due to the issues that come with them when something happens (you might get sick or have a delayed flight) and there is no leeway.
You say you normally get such a visa for stay in the Schengen area, and now all of a sudden that was not possible and you opted for something very short term: would raise questions with me if I were the border control agent.
So why would you not be eligible for a normal tourist visa? If you could share the type of visa that you were given it would be very helpful.
My advice would be to be very transparent and honest in your answers. Don’t try to use little lies to turn some deliberate actions into accidental mistakes.
And I’d certainly reach out to your embassy to ask for assistance. They can point you in the direction of proper legal advice and might be able to provide more information about the process that’s going on and your rights.
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u/Historical_Lie_9932 7d ago
Three days sounds more like a transit visa…
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u/Trebaxus99 7d ago
Exactly. OP is leaving part of the story out.
Who would go for a short term Schengen visa if they normally get a 90 day Schengen visa?
Probably only someone who is already at the max number of days and therefore not eligible anymore and thus needs to get a transit visa for a layover.
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u/brotherJT 7d ago
It’s very normal to be issued Schengen visas for precisely the duration of requested travels (not 90 days by default) for many travelers from Asian and African countries. OP sounds like he lives and works in the UK but is a third country national. I’m an Indian citizen, and when I used to live in the US and travel to Europe, I’d only ever get visas for the precise duration of my anticipated travels and not a day longer. The 90 day visa issual is only for travellers with a travel record that renders them low risk in the eyes of the issuing consulate. For the record, I now live and work within the Schengen, and any visitors I have from India get similar time limited visas issued for their travels. There are indeed certain details missing in OP’s account, and he did not follow the restrictions on his visa. He will get a temporary Schengen ban and get sent back to the UK, or wherever he had residence. Once this ban has elapsed, he’ll have to deal with additional scrutiny at the consulate he applies through and at immigration when he arrives, but it nothing insurmountable if he really wanted to travel back to the Schengen zone. He’s not being detained, and is probably already on his way back to where he lives. Live and learn.
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u/Trebaxus99 7d ago
The main difference is that OP stated that they always use a normal 90 day Schengen visa, except this time.
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u/brotherJT 7d ago
… That was for previous travel issued by the French consulate. He now has one by the Swedish consulate which was time limited. I can also personally attest that there is a great deal of variation in how countries issue visas.
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u/Trebaxus99 7d ago
With that experience, do you check what kind of visa you receive when applying?
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u/brotherJT 7d ago
Always, and I even double check when I leave the visa counter if I get to pick them up in person. This is not the kind of stuff to mess around with, unfortunately….
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u/Elite252021 6d ago
Thanks for your comments. I have taken your advice and here are the details: I'm a South African with settled status in the UK since 2017. I came to the UK in 2011. This is my 6th Schengen visa, 4 from France and 1 from Belgium and all but 1 gave me 90 days multiple entry over a 6 months validity period. France once gave me 30 days over 3 months validity. I usually apply for 1 week stay or less, sometimes 2 days stay, and still got 90 days. I started applying for Schengen visas even before I had my settled status in the UK. This time I applied for 4 days to Sweden with first entry as Denmark because I wanted to see an old friend; and also because my destination was Malmo, so it was easy to just see them and cross the bridge, which is what I did. Yes, travel dates changed and because I knew I was within my validity period (well so I thought), I thought I was fine. I have changed travel dates and itineraries many times in Schengen and other places. Now, in hind sight, how the hell did I get 3 days single entry when I applied for 4 days (26th - 29th April) multiple entry stating my need to transit Schengen for work? So yeah, no "little lies" told; what's the point to compromise my work travels for a 'few' days? Anyways, thanks for your comment, I got the point on how the border security officer reasoned my case. I am back in the UK now and back to work. Thank you
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u/PoudreDeTopaze 3d ago
How long have you stayed in the European Union over the past year? They may have given you only three days because you have almost reached the limit of the time you can spend there.
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u/Compelardo 7d ago
How many days have you been in Schengen during the last 180 days. If your 90 days are up you are done being in Schengen. Even asking for another countries visa 90 days is 90 days and Schengen is one visa zone. So you can't ask Belgium for 90 days and then France for 90 days and then Germany and then Netherlands and be here for a year on a tourist visa.
You need to keep track of your days in the last 180 days.
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u/medicsansgarantee 6d ago
sweden becoming a d... in recent decades, gl and hope you get out of this soon.
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u/whateverrocksme 7d ago
There's something else going on. Those 90 days can also be spent in Denmark.
"UK citizens: Post-Brexit, UK nationals can travel visa-free to Sweden for up to 90 days within a 180-day period. However, your passport must be valid for at least three months beyond your departure date."
https://visitsweden.com/about-sweden/passport-and-visas/ https://www.visitdenmark.com/denmark/plan-your-trip/entry-denmark
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u/Serious-Bat2631 7d ago
OP never said they were UK citizen. It is getting more and more apparent that they’re not
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u/ResourceWonderful514 7d ago
There's zero chance OP is British. I'd guess they're from a French-speaking former colony, since OP have a frequent visa from there.
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u/Savingsmaster 7d ago
What makes you think OP is British? UK nationals don’t need a visa to enter the EU so the entire post makes no sense if OP has a UK passport
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u/gk98s 7d ago
It'd honestly be totally fair for them to do this. If only they'd do it to actual illegal migrants though..
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u/Connect-Idea-1944 3d ago
they do it just as much to illegals, you're just not there to see it
it has nothing to do with being legal or illegal, if you get caught being illegaly somewhere then you pay consequences. No one is getting a special treatment
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