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Boyfriend overstayed 90 days in Poland - will he get a fine or deported?


pauli  
8 Jan 2016 /  #1
Hello everyone! I've got a question, I'm really worried. My boyfriend has been in Poland, Bydgoszcz.. He overstayed 14 days.. He wanted to go to London when his 90 days were due. We were told by a Lawyer that he can go to London to get a stamp and then he could go back, no one would check him.. So he went after overstaying 14 days because we were told its going to be ok... I got a call from him. He had to fill in some kind of card in London.. Then officers took him to a different room and told him that he's not allowed to do so. They are sending him back to Warsaw.. Over there they will make their decision.. What do you think is more likely to happen? I really don't want him to go back to the US yet... Do you think he's more likely to get a fine and be able to stay here a little bit more? PLEASE ANSWER...
delphiandomine  
8 Jan 2016 /  #2
It means that he was refused entry into the UK. If he was deported back to Warsaw, then there's a high chance that they will also refuse him entry into Poland as he's over the 90 day limit.

Prepare his stuff and get ready to take it to the airport for him.
OP pauli  
8 Jan 2016 /  #3
Thank You.. And do you think he'll be let back in Poland after going back to US?
delphiandomine  
8 Jan 2016 /  #4
Normally, he would be given a year ban from the Schengen zone. Could be wrong, but would be unusual.
Lwow Eagle  
8 Jan 2016 /  #5
It may depend on the border guard. The best thing to do is for him to say he wants to go to Ukraine to see the beautiful Polish city of Lwow. (He should have gone there first.) They may allow him to go there and reset his 90 days without deporting him to the U.S. I doubt they want to deport him, since someone needs to pay for the airfare. Much depends on how he presents himself, etc. Good Luck!
delphiandomine  
8 Jan 2016 /  #6
It may depend on the border guard.

There's no such thing as depending on the border guard. He has been deported from the UK (and his passport will show that), as well as having overstayed in Poland. He won't get away with that.

The best thing to do is for him to say he wants to go to Ukraine to see the beautiful Polish city of Lwow.

And they will 'invite' him to fly there from Warsaw without ever entering Poland.

I doubt they want to deport him, since someone needs to pay for the airfare.

The fare isn't a problem, as they'll simply detain him until he comes up with the cash. Or they'll put him on the plane and put a note in the Schengen database that he owes Poland for the deportation costs.
Lwow Eagle  
8 Jan 2016 /  #7
He has been deported from the UK (and his passport will show that), as well as having overstayed in Poland.

No, his passport will show that he was denied entry into the UK, not deported. If he insists that he wants to go to Ukraine, he may be permitted to buy a ticket to Ukraine and try his luck with the Ukies without getting a black mark from Poland as well. Ukraine is a massively corrupt place and they want money from Western tourists. It is his only chance IMHO.
delphiandomine  
8 Jan 2016 /  #8
No, his passport will show that he was denied entry into the UK, not deported.

Same thing to all practical extents. It's a huge black flag for any Schengen border police. Furthermore, the UK tends to treat denied entries as being identical to deportations in terms of punishments.

If he insists that he wants to go to Ukraine, he may be permitted to buy a ticket to Ukraine and try his luck with the Ukies without getting a black mark from Poland as well.

He will still formally be refused entry into the Schengen zone and his passport will be marked as such if he attempts to enter Poland. The only possible alternative would be to remain airside in Warsaw-Chopin and to buy an onwards ticket there, which is possible.

Ukraine is a massively corrupt place and they want money from Western tourists.

He would be legally able to enter Ukraine, so there's no need for corruption. Despite their problems with corruption, Ukraine has more or less stamped out overstayers - fines of around $200 are now commonplace as all entries and exits are registered on their police database.
Lwow Eagle  
8 Jan 2016 /  #9
He will still formally be refused entry into the Schengen zone and his passport will be marked as such if he attempts to enter Poland.

Which is exactly why he needs to insist that he is just transiting the airport to Ukraine. She can meet him in Lwow and experience its overwhelming Polish culture. If asked about the overstay, he might just say that he had problem leaving over the holidays. If he doesn't look like a dirtball or a terrorist, and is polite, they might cut him a break and not put him on a black list.
delphiandomine  
8 Jan 2016 /  #10
Which is exactly why he needs to insist that he is just transiting the airport to Ukraine.

He doesn't need to insist on anything. He needs to follow the signs in Chopin for airside transit. He should be able to arrange a ticket there for onwards travel without entering Poland or even attempting to do so. In Europe, we don't have to pass through immigration and customs control upon landing, we can stay airside. As long as he has a ticket for onwards travel for today or tomorrow, it's fine.

She can meet him in Lwow and experience its overwhelming Polish culture.

More likely, she can meet him there and realise that it's very much the beating heart of Ukrainian nationalism these days.

If asked about the overstay, he might just say that he had problem leaving over the holidays.

Doesn't work. Schengen rules are very rigid, and if you find yourself in that situation, you are supposed to go to the border police before the overstay occurs so that they can register it. It's a strict liability offence and no defence exists for overstaying without previously documented evidence.

If he doesn't look like a dirtball or a terrorist, and is polite, they might cut him a break and not put him on a black list.

They have no discretion. He has overstayed, therefore he has committed an offence.
dolnoslask  
8 Jan 2016 /  #11
"If he doesn't look like a dirtball or a terrorist, and is polite, they might cut him a break " Just say he was confused about the rules didn't keep track, family issues/ worries etc.

They do have discretion,
Lwow Eagle  
8 Jan 2016 /  #12
He should be able to arrange a ticket there for onwards travel without entering Poland or even attempting to do so.

It would be better that he have a ticket when he lands. With all of the refugee problems, they can check everyone's passport exiting the aircraft before connecting flights. Many airports do this anyhow. He needs to make clear that he is not intending to enter Poland and the onward ticket proves that.

More likely, she can meet him there and realise that it's very much the beating heart of Ukrainian nationalism these days.

They could expel the Poles from Lwów, but they can never remove Polish culture from Lwów, regardless of what they call it and how silly they choose to dress. Polish culture is still everywhere in Lwów.

They do have discretion,

They are human, and know that people screw up sometimes.
delphiandomine  
8 Jan 2016 /  #13
It would be better that he have a ticket when he lands.

That's not how it works in Europe. In America, yes, you have to clear customs/immigration controls even if transiting. In Europe, most nationalities are allowed to access airside transit areas without ever showing anyone a passport. No-one is getting their passport checked when exiting the plane - internal Schengen flights are getting checked in the baggage reclaim areas (or directed to the non-Schengen part of the terminal/s) while non-Schengen flights operate as normal.

Many airports do this anyhow.

No airport in Europe checks anyone when exiting the plane. That's an American concept, and may it stay there.

He needs to make clear that he is not intending to enter Poland and the onward ticket proves that.

He doesn't need to make it clear to anyone. That's not how European airports work. If he wants to transit onto a non-Schengen flight, he merely has to head to the transit area in Chopin which will take him back to the non-Schengen airside lounge. It's all clearly signed and straightforward. The questions will come if he's there after the last flight has departed from the non-Schengen zone, which is why he needs to have a ticket by then so he can show that he's merely in transit.
Lwow Eagle  
8 Jan 2016 /  #14
After getting on the flight to Ukraine, that black X on the British stamp might attract some further questions in Ukraine. He should be prepared to answer questions as to why he got denied entry to the U.K. Americans getting hassled entering the U.K. is not uncommon, especially if they aren't satisfied that someone fits their idea of being a tourist. He should make an effort to convince the border guards in Ukraine that he is there as a tourist, has enough money and credit cards to support himself during his stay, and can leave at the end of his visa. Basically, they want to see that he will spend money there and not be a problem, and leave on time. If you intend to meet him in Ukraine for a holiday, he should tell them that as well.
Sparks11  
8 Jan 2016 /  #15
Why was he denied entry to England? I thought Americans are allowed 6 months there now.
pweeg  
9 Jan 2016 /  #16
You have to be an American arriving *from* America to get that special treatment.

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