Schengen visa expires – what to do?

In this video you will learn the five most important things you can do if:

  • your Schengen visa is about to expire,
  • you are still in Germany, and
  • cannot leave the Schengen area in time before expiry … or do not want to leave.

We often experience this problem. For example, if

  • departure is currently not possible due to illness, or
  • the grandparents should stay longer to look after the grandchildren, or
  • business appointments have been delayed.

First of all, I would like to clarify: what is a Schengen visa?

  • The Schengen visa entitles the foreigner to stay in the Schengen area, including Germany.
  • Either single entry or multiple entry is permitted
  • The stay is limited in time, to a maximum of 90 days within 180 days.
  • The stay is for a temporary purpose, for example for business, family or vacation.
  • Permanent residence in the Schengen area is therefore not permitted.

Now we come to the 5 important points for extending the Schengen visa.

  1. Where can I apply for an extension of my Schengen visa?

Contact the foreigners authority in the place in Germany where you are currently staying.

It does not matter whether the Schengen visa was issued by a German embassy or by another Schengen member state.

  1. When can I apply for an extension of my Schengen visa?

Apply for an extension as soon as you know the reason for the longer stay.

And apply before your Schengen visa expires.

If you cannot visit the immigration office immediately, submit the application in writing, for example by e-mail.

Because time is of the essence: if the immigration authorities have not extended your Schengen visa before it expires, your stay is unauthorized.

Because the so-called FUNCTIONAL EFFECT, that is:

the continuation of legal residence if the application is submitted in good time until the decision is made,

does NOT apply to the Schengen visa.

If the Schengen visa is not extended before it expires, the only remaining option is a tolerated stay, more on this later.

The same applies if you apply for an extension after your Schengen visa has expired.

  1. What are the requirements for extending the Schengen visa?

In the following cases, you are entitled to an extension of up to 90 days:

Force majeure: this includes, for example, war, natural disasters or epidemics that make it impossible for you to leave the country on time. Or

humanitarian reasons: this includes, for example, personal inability to travel due to illness.

In the following cases you do not have a CLAIM, but the decision of the foreigners authority is in the DECISION, so it can weigh up between yes and no more.

serious personal reasons: for example, the grandparents who have entered the country should look after the grandchildren for longer because childcare is unavailable or the parents are ill.

Or important business appointments have been postponed.

  1. General requirements

And don’t forget: In addition, you must always fulfill the general requirements for a Schengen visa CONTINUE for the extension.

I therefore recommend submitting the supporting documents together with the application for extension.

This includes, in particular, proof of livelihood, health insurance and place of residence.

  1. Stay longer than 90 days

The above reasons apply to extensions of up to 90 days’ stay within 180 days.

If you wish to extend your stay after 90 days for up to a further 90 days, you can cite political interests or reasons under international law in addition to the reasons mentioned above.

The visa will then no longer be issued for a further 90 days as a Schengen visa, but as a national visa if it is for one of the aforementioned reasons for which there is a REQUEST.

If it is a reason according to ERMESSEN, a tolerated stay is usually granted after the first 90 days.

After 180 days at the latest, the holder of the national visa will also be granted a tolerated stay if there is still an obstacle to leaving the country and he or she has not applied for a residence permit.

Dear viewers, thank you for tuning in. Please note that despite great care, we cannot guarantee the accuracy and completeness of the information.

This video is also not suitable to replace an individual consultation.

If you have any questions, please feel free to contact us. I would be pleased to welcome you here again soon, your lawyer Simon Sonnenberg