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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 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 Schengen 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.

As a visa holder, you may neither reside in Schengen region for more than 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 it 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

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.

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.

Expulsion

Visa holders will be given a five-year penalty period if they are judicially or administratively expelled from Denmark.

Asylum

Visa holders will be given a five-year penalty period if they apply for asylum in Denmark or another Schengen country. However, a penalty period will not be given if the applicant has contributed to the processing of their case and has left voluntarily after final rejection of asylum.  



Last update: 1/8/2014
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Published by: The Danish Immigration Service