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Overstay in Poland (banned from entering Shengen for a few years?)


polishfool 2 | 3
6 Sep 2011 #1
My company has sent me to Poland to work. I did my job and overstayed the 90 out of 180 days by about 2 months. I am hoping that when I leave through the airport in Warsaw to go back to USA that I will be banned from entering Shengen for a period of a few years, this way my company cannot send me back to Poland.

Will they check my passport when I try to leave the Warsaw airport to fly home?
Is it very likely they will tell me not to return or give me the stamp that says I overstayed?

I love Poland and mean no disrespect by asking these questions, but it is very hard on me to stay this far from my family for months at a time - especially doing a job that I hate.
Sidliste_Chodov 1 | 441
6 Sep 2011 #2
You won't have to hate your job any more when your employer finds out, lol
teflcat 5 | 1,032
6 Sep 2011 #3
polishfool. How about arriving early at the airport and declaring the situation yourself? That way the officials would be obliged (obligated if you prefer) to stamp your passport.
OP polishfool 2 | 3
6 Sep 2011 #4
"You won't have to hate your job any more when your employer finds out, lol"

Unfortunately, my boss is insane and will try to send me back regardless. I am hoping that if I am not banned on the way out, that they will catch me when I try to come back in and either make me fly back immediately or hold me in prison until I can go back. I have served prison time in both Mexico and the USA so I am not afraid of doing a few months of prison time if it means I can go home for good.
PWEI 3 | 612
6 Sep 2011 #5
I am hoping that if I am not banned on the way out, that they will catch me when I try to come back in and either make me fly back immediately or hold me in prison.

You are hugely unlikely to get put in prison.

I'd go with what Teflcat said: when you get to the airport report yourself for overstaying and ask them if they can let you off with just a one-year ban for overstaying.
beckski 12 | 1,617
6 Sep 2011 #6
I have served prison time in both Mexico and the USA

Prison doesn't sound like a fun place; especially the Mexican prison. Doesn't your employer run background checks on employees? Maybe they don't give a crap if they're hiring felons. Could be time for you to start looking for a new job...
delphiandomine 88 | 18,163
6 Sep 2011 #7
this way my company cannot send me back to Poland.

If you want such a ban, go to the airport, speak to the border guards and explain the situation. I'm almost certain they would have no problems with banning you from Schengen for several years.

Is it very likely they will tell me not to return or give me the stamp that says I overstayed?

If you don't draw attention to yourself, it's a 50/50 chance. If you tell them - then you're almost certainly going to get banned.

You are hugely unlikely to get put in prison.

I don't think they even use prison as a punishment for overstaying - as I recall, those that come in through Ukraine are sent to some horrible detention centre in Ukraine. Not sure about Belarus/Russia, but I think they're kept in secure accommodation until they can be deported - but someone from the US, they're just going to throw on the plane, surely?

I'd go with what Teflcat said: when you get to the airport report yourself for overstaying and ask them if they can let you off with just a one-year ban for overstaying.

Heck, he might want to ask for a several year ban ;)

(that'd be a first - "Sir, please ban me from Schengen for 10 years, my boss is insane")
OWELL
7 Sep 2011 #8
Unfortunately, my boss is insane and will try to send me back regardless.

Right now when you board a plane to destination you are checked by the airlines who check with your destination authourities if you will be let in couple years ago I went to india then from there to singapore for a week and wanted to go back to India but was told by airport officials that i will be deported if I go ,as India has a law that one can enter India only once in 2 months even if you have a multiple entry visa.Similar case was with my polish friend who overstayed in States and had 10 year multiple entry visa was told at warsaw airport that he will be deported after even the boarding pass was issued and if you have return ticket airline will still transport you as they are guranteed the airfare even if they have advised you and if one one oneway ticket will be refused the journey.


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