Visa Overstays in Denmark
Do you know how to read your Schengen visa sticker? Did you know that the validity period of the visa is often longer than the allowed duration of your stay? If you have stayed in the Schengen area within the validity period but for more days than permitted, you have incurred a visa overstay.
The consequences of an overstay are severe—even if it is just for 1–5 days or if you only discover the overstay when leaving the country by airport. This is particularly the case in Denmark.
Holm Thomsen Law has handled several cases involving expulsion and entry bans due to visa overstays. This article serves as a reminder to read your visa sticker carefully.
Expulsion for Illegal Stay and Imposition of Entry Ban
According to the Danish Alien Act, a foreigner without legal stay may be expelled from Denmark. Further the person will be issued a fine of DKK 1,500. Although expulsion is not mandatory, it is typically the consequence. If expulsion is deemed particularly burdensome—for instance, due to the individual’s affiliation with Danish society, age, health, or connections to residents in Denmark—the expulsion may be waived.
However, if a person is expelled, an entry ban will come into effect. This ban can be waived under special circumstances, such as strong family ties or mitigating factors behind the visa overstay (e.g., illness). Typically, the entry ban lasts for two years, although it may be shortened if special circumstances—usually related to family ties—apply.
The Danish Immigration Authority will report a non–EU citizen as unwanted in Denmark for two years, and the individual is subsequently registered in the Schengen Information System (SIS) for the same period. Thus, a visa overstay in Denmark not only bars entry to Denmark but also prevents entry to the entire EU and Schengen area for two years.
Visa Quarantine
After the entry ban expires, you should be eligible to enter the Schengen area again and obtain a visa. However, a new set of rules then apply — a process known as visa quarantine. This, however, may only be applicable in Denmark.
According to the Danish Alien Act, but with reference to the Visa Code (Regulation (EC) No 810/2009), an individual is still considered a threat if there are reasonable doubts about their intention to leave the territory of the Member States before the visa expires.
Furthermore, the Danish Alien Act stipulates that a person with a previous overstay cannot be issued a visa for five years with reference to the reasonable doubts on their intention to leave. If the overstay is less than 30 days, the individual is barred from receiving a visa for three years. However, if an expulsion decision has been issued, the visa quarantine remains in effect for five years.
It is important to note that visa quarantine is a national decision. Therefore, it does not necessarily apply if you apply for a visa in another Schengen country after the two-year period has ended. Nonetheless, the Danish decision cites the Visa Code regarding reasonable doubts about the intention to leave.
Whether all EU countries apply these rules in the same manner remains an open question. However, if a person applies for a visa for Denmark and is refused, that decision will typically be upheld by other EU countries — even if the individual subsequently applies in another country.
The Immigration Authority can decide not to impose a visa quarantine if special circumstances exist, such as when the applicant intended to leave within the visa’s validity but was unable to do so due to strikes, weather conditions, or illness, or if the new visa application is necessitated by a life-threatening illness, death, or similar circumstances involving a close family member residing in Denmark.
Examples of Decisions from the Danish Immigration Appeals Board for Visa Overstays in Denmark
Visa Overstay in Denmark – Example 1
A Danish citizen living in the UAE for many years, along with his EU (Spanish) spouse, frequently traveled between the UAE and the EU because of their family and social ties. They employed the same housekeeper for over 20 years—an integral member of their family—who, as a third-country national, requires a visa to enter the EU.
The housekeeper had been granted multiple Schengen visas without any issues in her travel history. When the Danish citizen and his spouse applied for a Schengen visa for her, they believed they were applying for a 90-day visa. However, because tickets had to be pre-booked before submitting the application, she was granted a duration corresponding to the booking, while the allowed stay was only 83 days.
They applied for a Danish visa expecting her to be in both Denmark and Spain; however, due to various complications during their stay, they ended up remaining in Spain—entering and exiting through Spain. Multiple changes during the trip, including extended visa processing times and a postponed travel out of UAE left them to reschedule to stay for Christmas, which resulted in an overstay of 7 days.
The Spanish authorities did not take notice when the family and the housekeeper left; thus, no issues were raised at that time. However, when they applied for a visa the following year at the Danish Embassy, the housekeeper’s passport showed a 7-day overstay from her last visit to the Schengen area. Consequently, she received a visa rejection and was informed that she would be ineligible for a visa for three years. Although her overstay was less than 30 days and she had not been expelled, the visa quarantine was set for three years. The decision was appealed to the Immigration Appeals Board, which upheld the ruling. It was noted that the fact the overstay was only 7 days, her first overstay ever, the absence of any intent to overstay, and her voluntary departure did not influence the decision.
Visa Overstay in Denmark – Example 2
A third-country national with settled status in the UK was issued a Schengen visa valid from May 10, 2023, until August 9, 2023, allowing a stay of 30 days. He traveled to France on several occasions and visited Denmark from July 7 until July 11. On the day he left the Copenhagen airport to return to the UK, he was recorded with an overstay of 4 days.
He had no family ties to Denmark; he is an entrepreneur in the UK and holds a contract with a French company requiring his occasional presence in France. His case was appealed to the Immigration Appeals Board on the grounds that he had no prior overstays, the overstay resulted from a misunderstanding of the visa validity, and that the expulsion, entry ban, and SIS registration as unwanted in the Schengen area for two years would severely impact his contract with the French company.
The Board upheld the decision, arguing that it is the foreigner’s responsibility to comply with the rules of an issued Schengen visa. They further maintained that a two-year entry ban does not violate the individual’s right to privacy regarding employment and social relations. While the ban might affect his position in France, the Board concluded that it was not certain he would lose his contract solely based on the ban and in any circumstances he could find work elsewhere then.
The uphold of the decision and him not being able to enter France who also rejected a visa application however resulted in his loss of the contract in France.
Visa Overstay in Denmark – Example 3
An Indian family—comprising a husband, his spouse, and their two children—moved to Denmark to work for a large international Danish company. They wished for the spouse’s parents to visit and see their grandchildren. Both parents arrived in Denmark on a visa valid from May 19, 2023, until June 24, 2023, with an allowed stay of 22 days.
Both parents had held prominent positions in India, and the father continued to work for international organizations. Consequently, he had to leave the Schengen area for work commitments for a few days, later re-entering the area; both left Denmark on June 16, 2023. During this period, the mother accrued an overstay of 7 days and the father an overstay of 3 days. They received a fine of DKK 1,500 at the airport.
The father received a decision by regular mail in India stating an expulsion and a two-year entry ban from Denmark, and he was registered in SIS for the same period. The mother did not receive any decision. The father’s expulsion decision was appealed to the Immigration Appeals Board, which upheld the ruling. It was argued that there was no intent to overstay—the overstay resulted from a misreading of the visa validity—and that his extensive travel history with no previous overstay should have been taken into account. Additional arguments noted that he needed to continue traveling for work, and that the entry ban might affect not only his access to the Schengen area but also entry into the US and Canada. It was also contended that the decision adversely impacted his family and private life by preventing him from visiting relatives in Denmark for two years, while his family in Denmark faced difficulties traveling to India due to work, school, and the youngest child’s illness.
None of these arguments were accepted, as they were not deemed sufficient to offset the fact that he had an overstay of 3 days. The family in Denmark was not considered close enough to influence the decision.
Subsequently, if the family were to apply for a visa they would be issued with a visa quarantine in Denmark – the father for 5 due to his illegal stay and the expulsion decision and the mother for 3 years since she was not issued with an expulsion.
The Lack of Proportionality
Some may argue that this is a clearly disproportionate reaction to an unintended overstay of 3–7 days. This argument has been raised in all cases, albeit without success.
There is no doubt that an overstay should have consequences; in all cases, a fine was issued in addition to expulsion and the travel ban. Based on discussions with the individuals involved, none of them intended to overstay—their previous travel records does not indicate otherwise. They all had legitimate reasons for entering the Schengen area, and the expulsion and visa rejections have had a significant impact on their private lives.
Furthermore, one could argue that there is an element of discrimination, as nationals who need to apply for a visa face additional penalties beyond expulsion and entry bans, including a visa quarantine.
It could also be questioned, based on the case involving Spain, whether all EU countries handle these situations in the same manner. It is our impression that Denmark is considerably more restrictive in this regard compared to other EU countries—a situation that might change with the introduction of ETIAS
In any case, it is crucial to pay close attention to your visa sticker, as the consequences of an overstay are highly severe.
