Misuse of a visa

If you remain in Denmark after your visa expires or if you try to use your visa stay to obtain a long-term or permanent residence permit, or if you have given birth in Denmark during a previous visa stay without having made an agreement with a private hospital regarding the birth including payment, you can be given a penalty period for a period of three to five years. During this period you will be unable to obtain a visa to enter Denmark.

Exceeding a visa validity period

A visa gives the holder the right to reside in the Schengen region 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 in your passport.

You are residing illegally in Denmark if you stay in Denmark beyond the validity of your visa and have not been granted the right to reside in Denmark on another basis.

You must comply with both the permitted number of days and the specified validity period as stated on your visa in your passport. In other words, you must neither exceed the permitted number of days nor arrive or depart outside of the validity period.

It is important that you know the validity period of your visa, as there can be serious consequences for leaving too late.

• If you exceed your visa's validity period you can be given a penalty period. During this period you will normally be unable 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 given a penalty period if you can document that you exceeded the visa's validity period due to unforeseen circumstances beyond your control, such as traffic delays, airline strikes or serious illness. You will not be banned if it is assessed that a rejection of your visa will be a disproportionate reaction in relation to the behavior you have demonstrated during your previous stays on a visa/short stay visa.

As a result of an illegal stay, you may also risk being expelled (administrative expulsion) and issued a 2-year entry ban to the Schengen area.

Application for a residence permit

A visa is only intended for short-term stays in the Schengen region and not for permanent or long-term residency.

If you attempt to use a visa stay in Denmark or another Schengen country to obtain permanent or long-term residency you can be given a penalty period. 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 penalty period. However, you are allowed to apply for certain types of residence permits while visiting Denmark on a visa.

Applications without a penalty period

You will not be subject to a penalty period in the following cases, cf. Section 4c (4) of the Danish Aliens Act (penalty period), if:

1. you have applied for a residence permit pursuant to Section 9 (1)(i or ii) of the Danish Aliens Act.
2. you have applied for a residence permit  pursuant to Section 9c (1) of the Danish Aliens Act.
3. you have applied for a residence permit pursuant to Section 9i (1) or (3) of the Danish Aliens Act for the purpose of studying, or pursuant section 9i (2) of the Danish Aliens  Act for the purpose of participating in a PhD programme.
4. you have applied for a residence permit pursuant to Section 9c (3)
5. you have applied for a residence permit pursuant to Section 9a (2), nos. 1-10, 13 or 14, or (3) of the Danish Aliens Act. 
6. you have applied for a residence permit pursuant to Section 9p (1), first sentence, of the Danish Aliens Act.
7. you have applied for a residence permit pursuant to Section 9q (1), (2) or (3) of the Danish Aliens Act.
8. you leave the Schengen countries in accordance with the validity of the issued visa after the application for a residence permit is submitted.
9. humanitarian considerations make it conclusively inappropriate.

However, even if the application for a residence permit is covered by the exceptions above, you may still be subject to a penalty period if it is assessed that the purpose of the application is to extend your stay in Denmark, and it is assessed that it must have been obvious that the application could not qualify for a residence permit, cf. the Danish Aliens Act, Section 4c (5).

Expulsion

You may be subject to a five-year penalty period if, after entering Denmark, you are expelled by an administrative decision made by the Danish Immigration Service og by a court judgement.

Asylum

You may be subject to a five-year penalty period if, after entering Denmark, you apply for asylum in Denmark or another Schengen country. However, you may not be subject to a penalty period if you have contributed to the processing of your case and have left voluntarily after final refusal of asylum.

Birth in Denmark during a visa stay

If you have given birth in Denmark during a previous visa stay without having previously made an agreement with a private hospital regarding the birth including payment, you may be given a three-year penalty period. This means that you would not normally be able to obtain a visa to enter Denmark for three years from the time of the departure after the birth. 

You will not be given a penalty period if you can prove that the birth in this country is due to unforeseen circumstances that are out of your control or if there are particular grounds including grounds preventing you from obtaining a visa which constitute an evident disproportionate reaction.