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Misuse of a visa

If you remain in Denmark after your visa expires or if you use your visa stay to extend your stay or obtain permanent residency you can be barred from obtaining a Danish visa  for a period of three to five years. During this period it will not be possible to obtain a Schengen visa to enter Denmark.

Exceeding a visa validity period

A visa gives the holder the right to reside in the Schengen countries for a predetermined number of days (maximum 90) within a further defined period of validity. The visa’s validity period is stated on the visa sticker that is in your passport.

As a visa holder, you may neither neither reside in Schengen area for more than the permitted number of days, nor arrive or depart outside of the validity period.

It is extremely important that you know when the visa expires, as there can be serious consequences for leaving after it expires.

  • If you exceed a visa’s period of validity you can be temporarily barred from obtaining a new visa. During this period it will not normally be possible to obtain a Schengen visa to enter Denmark.
  • You can be banned for three years if you exceed the visa period by up to 30 days. A five-year ban is imposed if you exceed the visa period by more than 30 days.
    However, you will not be subject to a ban if you can document that you exceeded the validity due to unforeseen circumstances beyond your control, such as traffic delays, airline strikes or serious illness.

Application for a residence permit

A visa is only intended for short periods of residency in Schengen countries and not for permanent or extended periods of residency.
 
If you attempt to use a visa residency in Denmark or another Schengen country to extend your stay or to apply for permanent residency you can be temporarily banned from obtaining a new visa. This means that you would not normally be able to obtain a visa to enter Denmark during that period.
 
Submitting an application for a residence permit while in Denmark on a visa will normally result in a five-year ban on new applications.

However, it is permitted to apply for certain types of residence permits while visiting Denmark on a visa.

You must, however, have a legitimate reason for seeking these types of residence permits. They purpose of your application may not solely be to remain in Denmark while the application is being processed or to avoid forfeiting the collateral guarantee.

Penalty

Visa holders will be banned from applying for a visa or residence for a period of five years if they are judicially or administratively expelled from Denmark.

Asylum

Visa holders will be banned from applying for a visa or residence for a period of five years, if they apply for asylum in Denmark or another Schengen country. Visa holders will not be banned from applying if they have contributed to the inquiry of their case and have left voluntarily after final rejection of asylum.  





Last update: 4/5/2010
Published by: The Danish Immigration Service
The Danish Immigration Service - tel: +45 35 36 66 00 - us@us.dk · The Ministry of Refugee, Immigration and Integration Affairs - tel: +45 33 92 33 80 - inm@inm.dk