Monday, October 1, 2012

American Citizen, Overstayed Student Visa in Barcelona, Spain, what should I do?

American Citizen, Overstayed Student Visa in Barcelona, Spain, what should I do?
My student visa expires on Saturday, but I have my apartment in Barcelona until July 15. I would like to remain here until then, making it approximately a 1 month overstay. I have already gone to to Spanish Consulate and been told I cannot extend my visa or apply for extension or for another one. Also, I am flying to Ibiza this weekend for vacation. I will leave on Friday and return on Thursday. Will I have problems at the airport with an expired visa traveling within Spain? Most importantly, I have researched many different threads and forums about this issue but haven't found anything recently posted. This is what I have found and I am looking for advice and opinions on the topic: -I have heard to not worry because I am leaving Spain to return to the United States so they do not care because I am leaving. -I have also heard that I should consider flying home from a non-Schengen country but I am not sure how I would go about doing that from Barcelona. -I have also heard to say that you lost your passport this way your visa is not in the passport. -I have also heard that if you apply for another visa, you cannot get in trouble because you have a visa application in process, but to apply for a new visa they need your passport or you need to be in person so I am not sure how this process works. -I have also heard that when you are leaving, alert the American Embassy that you have realized that you have overstayed your visa and plead ignorance, and they will alert officials to make sure that you have no issues traveling home. But will this automatically ban you from the EU in the future? I have traveled a lot within the EU and outside of the EU and never has Spanish customs been present when I leave or return, the only stamp that I have is from the first day that I arrived. Obviously I do not want to be illegal so I am just trying to see all of my options. Also, what are the worst circumstances if I do get caught? I wish I could just apply for an extension like in the U.S. ........
Other - Spain - 2 Answers
Random Answers, Critics, Comments, Opinions :
1 :
so fly to Tunis for a few days. return as a tourist and stay up to 3 months
2 :
If the Spanish Immigration office in Barcelona told you the visa can't be extended, then that's the situation. (I'm assuming you went to Immigration since there is no Spanish Consulate within Spain!). The plain fact is, you've overstayed your visa and are now considered an illegal alien. You might make it to Ibiza, if your passport is not examined too closely. Don't try faking a lost passport, your Embassy will take a very dim view of that and it will cost you to get a new passport. A 'visa run' to a non-Schengen country won't work, simply because you won't be allowed back in to Spain. No-one can tell you what the consequences of overstaying will be because each situation is different. It's quite possible that immigration at the airport, when you leave Spain for home, will not notice that you've overstayed; sometimes it's only a slap on the wrist and a warning to be careful next time; you could be fined; but, worst of all, you could be banned from entering the EU for a nunber of years, and have a stamp in your passport noting this has happened. Next time you travel check out the visa situation carefully.

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