Real tricky situation. I was in the Netherlands for a residency. I was suppose to only stay for the 3month period and well, fell in love and stayed a total of 8 months pass my visa. I now want and need to go to France and have only been back in the states for about 2 months. Would I have a major problem when entering France?
Posted by
Pensacola
9110 posts
Probably, assuming that your entry was recorded, which it probably was, and assuming you were there on a tourist visa, which you probably were.
"Need" raises the question of perhaps another type of visa for this trip.
Call the consulate. Don't cry at the answer.
Posted by
Eastern Iowa, USA
8038 posts
I suppose the main issue would be if there was something they would do retroactively. But that is impossible to say.
As for just the current situation, in the past 6 months (180 days) you have used up your 90 days of entry on a passport only (For US and some other nationalities).
However, in another Month, you will have been out of the Schengen Zone for 90 days (the two months you have been back and another month), meaning you will have a fresh 90 days to enter on passport only.
Posted by
Orlando, Florida
676 posts
Except Paul, he stayed 8 months longer than he should have, so France may decide since he didn't follow the law that time, they don't want him in to not follow the law this time. Xavier, call the consulate.
Posted by
Eastern Iowa, USA
8038 posts
Potentially, Yes, France may have issue, but the possibility of a retroactive action, for something done earlier in the year, or maybe decades before, is as stated impossible to determine.
My answer was focussed on an assessment at the time of entry, if you meet the current entry requirements (no more than 90 days in a six month period) then unless you are flagged, you most likely would be granted entry.
Now as to whether someone will review his history at entry (remote at best) is hard to tell. I do disagree with contacting the consulate, since to ask "hey, I broke the law once and did not get caught; are you going to hassle me if I show up again?" might get a confused response. There is also the issue that while all are Schengen Countries, each country is still responsible for their own border control and visas. France may not be interested at all in addressing an issue overlooked by the Dutch, but maybe they will.
In the end, making sure you are compliant with current requirements is the best you can do.