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Visa Overstay (Illness)

262 views 12 replies 5 participants last post by  eairicbloodaxe  
#1 ·
Hello, I have overstayed the 90 day visitor limit in France because of illness. It's a few days - I have a medical certificate now, have contacted the local prefecture (within the 90 days) but no response as yet. Do I need to wait for a reply from them about a stay extension? I've booked a flight but I can change it. Should I get an interpreter for the prefecture? Any advice would be appreciated, thank you.
 
#2 ·
I do not think that the Prefecture would be interested frankly as I assume that you are utilising the 90 day Schengen Visa. I would get your flight and when you go to have your passport stamped on the way out immediately volunteer to the policier that you have been ill and give him your certificate-I take it that it is in French as the policier may suddenly forget any English they had if they had any at all
 
#3 ·
As Crabbers says. Since you are not immigrating to France, you're here as a tourist and presumably don't have a visa of any kind, OFII / the préfecture will have no record you being in the country and I doubt they will feel that you're their job. There is no procedure for extending a visa that you haven't got, and the prefecture does not issue visas. I absolutely wouldn't wait for a response because it might come in 2 months time or quite likely never. It's between you and border control. I would just get on the first flight you can so as to minimise your overstay. Just explain to them. I'd be surprised if you'd need an interpreter, they'll speak English, and I'd be very surprised if they don't exercise their discretion over a few days with a medical certificate.
 
#4 ·
Thanks for your reply, that was reassuring. It's quite difficult to obtain accurate information about this and maybe it has to do with the difference between Anglo-Saxon law and French law: Anglo-Saxon law is in the letter with less latitude for those applying it, whereas French law is more flexible in giving administrators more leeway in interpretation. I don't know if that's correct but that's what I've read. Anyway - thank you again.
 
#5 ·
FWIW - I always keep my carte de séjour in my passport but when I re-entered France in May it had vanished. Actually it had fallen down the side of the passenger seat and I didn't find it until 2 days later. I tried to fob the border officer off with my old pre Brexit card but I could see he wasn't going to swallow it so I came clean and said, I know that's the wrong card, I do have a warp card as well and it has to be in the car somewhere but I can't find it. He considered for a minute then he said OK well I'll let you in without a stamp. I could have kissed him.
Not sure a UK border guard would do that, from what you read you can never be sure of getting in even if you do have a valid card.
 
#9 ·
Do not wait - act immediately. And yes, first place to start can be (unexpectedly) the Prefecture.

Official advice is: If you have already overstayed your visa you need to deal with the situation as soon as possible. Usually the best approach is to leave immediately, then try to regularise from outside.

If there is an insurmountable reason that you cannot leave, such as being in hospital, you should contact your local prefecture as a matter of urgency. Visas are issued by consular authorities, but the prefecture can, in exceptional circumstances, issue a visa extension. Proof/valid supporting documents will be required. This authorisation is called an autorisation provisoire de séjour and it cannot exceed 180 days. It is issued by a departmental prefecture in exceptional and unforeseen situations, for example if you are too ill to travel and need to stay to receive treatment.

While you wait to hear if your extension has been successful, you will officially be in a waiting period. This is useful because people awaiting a decision can prove they are still living in France legally if challenged.

The same conditions apply if you are visiting under the 90 day rule where no visa is required.

If you decide to leave, MAKE SURE you tell the border control officer the story and show proof BEFORE you exit. Otherwise the system may flag you and prevent you entering next time.

Kind regards


Ian
 
#10 ·
Do not wait - act immediately. And yes, first place to start can be (unexpectedly) the Prefecture.

Official advice is: If you have already overstayed your visa you need to deal with the situation as soon as possible. Usually the best approach is to leave immediately, then try to regularise from outside.

If there is an insurmountable reason that you cannot leave, such as being in hospital, you should contact your local prefecture as a matter of urgency. Visas are issued by consular authorities, but the prefecture can, in exceptional circumstances, issue a visa extension. Proof/valid supporting documents will be required. This authorisation is called an autorisation provisoire de séjour and it cannot exceed 180 days. It is issued by a departmental prefecture in exceptional and unforeseen situations, for example if you are too ill to travel and need to stay to receive treatment.

While you wait to hear if your extension has been successful, you will officially be in a waiting period. This is useful because people awaiting a decision can prove they are still living in France legally if challenged.

The same conditions apply if you are visiting under the 90 day rule where no visa is required.

If you decide to leave, MAKE SURE you tell the border control officer the story and show proof BEFORE you exit. Otherwise the system may flag you and prevent you entering next time.

Kind regards


Ian
Does the above apply if the person has no visa because they came on the waiver, therefore the prefecture has no record of them and there is no visa as such to extend?