# Overstayed a Schengen Visa - return to Spain?



## cloclobel (Oct 8, 2010)

hello,

I am British and my Boyfriend is from Venezuela (holds a Venezuelan passport). 

We have been together for over a year and now want to get married in Spain, where we have recently moved. In the last year we have traveled to many places (US,Venezuela,UK)

We entered Zurich (the Schengen Zone) via the Uk in April this year and then spent some time in Germany and Austria. We decided that we wanted to live in Spain to settle there and that we wanted to get married. We did all the relevant paperwork required for marriage in Spain and those papers have been excepted by the registry office,only to find out that we would have to wait almost 6 months for a our wedding date. So we started looking at other countries where we could marry without such a long wait. On enquiring at Gibraltar registry office we were told that my partner has overstayed his Schengen Visa as his passport was stamped in Zurich in April and on entering Spain Via Girona airport noone was even there to check passports. They were concerned that if we married in Gibraltar that he could get stuck in Gibraltar when he trys to enter Spain again because Spain (the Schengen zone) may notice that he had overstayed prior to his wedding. That they may not let him enter, even though he would have a marriage certificate to a European citizen in his hand. Now we are in a complete panic. We are very much in love and only want to reside happily together. We are both living in fear of being seperated.

I would be very grateful for any advice you may have!!!

Many thanks Chloe


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## Bevdeforges (Nov 16, 2007)

I've moved this over to the spanish section, where I think you'll find people better able to advise you.
Cheers,
Bev


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## CaptainAmadeo (Sep 11, 2013)

*So?*

Hello,
I just came to find this by chance,
I have been looking for hours for the answer to this particular case, I am currently in the same one.
the only difference is that I have dual citizenship, which means that one of my passport doesn't have an entrance to the Schengen, with the other one I've clearly overstayed.
I would like to know what is the answer to this or what happened to the person who posted this originally.
It would really help me. :fingerscrossed:

Cheers!


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## xabiaxica (Jun 23, 2009)

CaptainAmadeo said:


> Hello,
> I just came to find this by chance,
> I have been looking for hours for the answer to this particular case, I am currently in the same one.
> the only difference is that I have dual citizenship, which means that one of my passport doesn't have an entrance to the Schengen, with the other one I've clearly overstayed.
> ...


:welcome:


are both your passports non-EU?

I imagine so, or you wouldn't have needed a Schengen visa

you obviously HAVE overstayed, since you're here past the end of the visa - the fact that you have another passport is neither here nor there, legally, since you didn't enter the country on that one


I suppose you'd probably be able to leave using the other one, though your name might still be flagged, and applying for another visa using that, though maybe possible, might also not happen if your name is flagged

we have heard of over-stayers being allowed to leave without any issues, but when applying for another visa being refused - the worst-case scenario is a long term or even lifetime ban from the Schengen region

since it's nearly 3 years since the OP asked the question I'd be suprised if they reply - but stranger things have happened!


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## elisa31bcn (Jan 23, 2013)

Where are you and what are you trying to do? The OP was trying to get married, which was indeed possible. Anything else is subject to the various ways immigration control could respond to you...


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## Alun (Sep 13, 2013)

Fear not, Chloe!

As a British passport holder, you have full rights in EU, so once you marry, you can both enter the EU with both your passports and your Marriage Certificate. 

I'm British, married a none EU (Russian) in Gibraltar (great staff there!) earlier in the year and we have entered Spain etc many times since, just by showing the documents mentioned. The previous overstay becomes irrelevant - your husband IMMEDIATELY has all the same rights as yourself, once you're married.

I can supply you with more / fuller details over the weekend, happily - I need to go out now with new mum -in-law, who's just arrived from Russia and wants to go shopping in Malaga!

Alun


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