Dear Rob/Editor,
A question regarding Schengen visa, for a friend who also lives in Thailand. Does anyone have any experience or knowledge of what exactly is done by the Dutch government against Thai girlfriends, even against spouses of Dutch people, who are caught exceeding the three-month validity period of their Schengen visa?
In certain cases, even if they do not appear to be looking for work or seek social benefits, but are simply staying in hotels with their husbands as tourists?
Regards,
Hubert
Dear Hubert
If the visa term is exceeded, i.e. overstay, this may not be noticed by the authorities (KMar), the person will be admonished, fines will not be imposed, but an entry ban of a certain duration may be imposed. During the period of the entry ban you will no longer be able to enter the Schengen area. The best thing is to hire a lawyer to challenge such an entry ban. More about the entry ban on IND.nl: https://ind.nl/nl/inreisverbod . Whether or not an entry ban does not matter for any immigration (TEV procedure), the entry ban will then lapse if the TEV procedure is otherwise positive.
If the person with overstay is caught somewhere and arrested, it can lead to deportation. Those costs (read: the plane ticket to the country of origin) will then be charged by the state (these costs are where a guarantor declares to pay if the foreigner is arrested and deported). In such cases it may be cheaper to book a ticket yourself.
Being caught doing illegal work and the consequences for employee and employer I wouldn't know. The Labor Inspectorate may be able to provide a sensible answer to this.
If you are in a situation where someone overstays or other illegal facts, I would advise you to consult an immigration lawyer on how to deal with this as best as possible.
Regards,
Rob V