overstaying in schengen space

[V-King]

Hello, i will need your help once more on an issue that borders me. My friend has a refugee status from Romania and he has been in Sweden since March 2013 living with his Swedish girlfriend, he wants to go back to Romania now. The question is, will he get a barn for overstaying or a fine?
He's passport was stamped in hungary when he first entered the schengen zone and now he is leaving through Sweden, is the any chance that the Swedish immigration can overlook the situation since he didn't enter the schengen space through Sweden? Thanks for understanding. Asong!

[skaanebo]

He will likely be fined and registered as an unwanted person in the Schengen space, should he try to enter again.

[V-King]

Thanks for your reply but we thought if he was to have a ban then it should be for Sweden only since that is where he is taking the exit. What about the situation where by he is registered under a Schengen address? Thank you!
V-King

[skaanebo]

The ban will cover the entire Schengen area. If he wishes to apply for a visa limited to just one country (other than Sweden), he might be able to get such a visa but it's entirely up to that country to decide.

Mind you, a visa ban only covers visas. He can still apply for a Swedish residence permit once he is outside of Schengen.

[lcfreitasf]

Just to lighten things up, doesn't the fact that Romania is joining the Schengen Area in 2014 affect this ban somehow? Even if it's still valid would be even unenforceable.

[fundiver199]

Yes it does. His romanian residence permit will then free him from the demand of having a visa, before he enter other schengen countries. But he can still be deported, if he stay for more than 90 days within a periode of 180 days, which is the new way of counting "schengen days".

But even if a person living in the Schengen areas is deported (udvist) from one particularly Schengen country, he can of course fairly easy sneak into that country again, when there is no border control.

So the efforts to keep out eg. deported criminals from other Schengen countries are rather futile. Which is already a large irritation for many politicians in Denmark. And rightfully so in my opinion, as free movement for criminals were hardly ever considered by anyone to be the main purpose of the schengen cooperation.

[V-King]

Just for more inquiries, when you are given an On-the-spot fine for overstaying in a schengen country to a holder of an EU residence permit,
1. Do they register this fine in the schengen information system?
2. when you pay this minor fine, do they clear it out from their system?
3. Is it possible to have a fine without a ban to re-enter the schengen zone?
I'll appreciate any clarification on this issue. Thanks for understanding!

[fundiver199]

I very much dought, that anybody in this forum have that kind of detailed knowledge about the practices of swedish border control. The best advice is to follow the law.

[skaanebo]

You can ask the border police at the airport.