The laws of the country you are traveling to control how much time you can spend there. This may be determined by the duration of your visa or visa-free entry rules. Find out what the consequences of overstaying can be and what fines and restrictions are for overstaying in different countries around the world

The period of stay of foreigners abroad is regulated by the legislation of the host country. In particular, you can stay in the country for the duration of the visa or visa-free regime. Overstaying usually results in fines and potential prosecution by local immigration officials. Before traveling abroad, it is very important to understand and comply with these requirements.

The consequences of exceeding the period of stay in different states and possible fines are discussed below.

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What are the consequences of overstaying as a foreigner?

The penalty for overstaying depends on the country's laws, and its severity can be determined by how long the visitor stayed in the country without permission after the expiration of the visa or visa-free regime.

Exceeding the visa term may lead to the following consequences:

1. Receiving a fine.

2. Deportation from the country (and possibly payment of transportation costs).

3. Detention by the local police.

4. Ban on entering the country in the future (for a certain period or possibly even indefinitely).

Fines and restrictions for overstaying in different countries of the world

European Union countries

If foreigners staying in the Schengen zone on the basis of a visa-free regime exceed the allowed period of 90 days or stay in the region after the visa expires, they can receive one of the following punishments: deportation, difficulties in re-entering the Schengen area, a fine, an entry ban (from several months to several years).

The amount of the fine depends on the country:

- Germany: the country is known for having the strictest legislation in the EU. In particular, violation of migration legislation here can lead to a year in prison.

- Greece: travelers who have overstayed their stay in Greece may be fined 1,200 euros.

- Austria: overstayers face a fine of 100 to 5,000 euros.

- Belgium: potential fines can range from €200 to €6,000.

- Czech Republic: a foreigner can be fined from 200 to 2000 euros.

- France: a fine of up to 3,750 euros.

- Italy: fines range from 80 to 3,000 euros.

- The Netherlands: fines can reach 1,500 euros.

- Poland: fines range from 500 to 1000 euros.

- Portugal: After overstaying, the deportation procedure will be initiated.

- Spain: fines start from 501 euros and reach 10,000 euros.

USA

Depending on the overstay, one of the following penalties applies in the US:

- If a person remains in the US after the visa expires for a period of more than 180 days but less than one year and leaves the country before deportation proceedings begin, then such people are not allowed to re-enter the US for 3 years.

- If the period of visa-free stay exceeds one year, the foreigner is banned from entering the country for 10 years.

Canada

Overstaying your stay in Canada may result in you not being able to obtain legal immigrant status or citizenship in the country.

In the event that you overstay your current visa, any future visa application will be refused and all electronic travel authorizations will necessarily be rejected.

Overstaying your visa can trigger deportation proceedings, which could result in the person being forcibly returned to their home country.

Every future visa application is bound to be rejected as a background check will easily reveal that the person concerned has overstayed their visa in the past.

United Kingdom

A person who stays in the UK beyond the period specified on their visa or fails to meet the conditions set out to stay in the United Kingdom may be fined for committing an offence. In some cases, this is punishable by imprisonment for no more than 6 months.

Thailand

In Thailand, a foreigner who exceeds the period of stay in the country receives an entry ban for a period of 1 to 10 years, as well as a fine of 500 to 20,000 baht ($15 to $550), depending on how many days have passed since the end the validity period of the visa.

India

Overstaying your Indian visa is a serious offense that can lead to penalties and fines. The consequences of overstaying depend on when the visa was overstayed. Penalties for overstaying an Indian visa are as follows:

- Exceeding the period of stay by 90 days will result in a fine of $300.

- Exceeding the period of stay from 91 days to 2 years will result in a fine of $400.

- Overstaying for more than two years will result in a $500 fine.

Turkey

In Turkey, overstaying can result in a fine, which is calculated based on the number of days you stay in the country after the document expires. As of 2023, the fine for overstaying a Turkish visa ranges from 100 Turkish Lira to 1000 Turkish Lira ($3 to $30) per day.

Brazil

According to current legislation, a foreigner who has overstayed his visa in Brazil may be subject to fines due to his illegal stay.

Thus, a fine ranging from R$100.00 ($20) to R$10,000.00 ($2,000) will have to be paid, depending on the number of days during which the foreigner was illegally in the country.

In addition to the fine, if the person does not settle their situation within the specified time or does not leave the country, they may also face deportation to their country of origin.

In what cases is it allowed to stay in the country with an expired visa?

It is possible to exceed the period of stay on the basis of a visa only in certain cases:

- The permit holder needs urgent medical care and cannot travel.

- Natural disasters.

- Pandemics.

How to prevent overstaying?

To avoid overstaying, you can extend or get a new visa. In many cases, visitors must first leave the country and apply for a new re-entry visa.

However, some countries also have an electronic visa (eVisa) system that allows travelers to apply online, making the process easier.

Some countries allow you to renew current visas during your stay if they are still valid at the time of application.

In order to understand the peculiarities of the migration legislation of the host country, we advise you to contact highly qualified lawyers.

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