• Insights

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

April 3, 2026

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Fragomen in Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Fragomen in Brussels, Belgium, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related services

  • Document Services
  • Immigration Compliance Services
  • Consular Services

Related insights

  • EES and ETIAS: Automation Meets Immigration Complexity

Related offices

  • Fragomen in Amsterdam
  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Fragomen in Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Fragomen in Brussels, Belgium, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related services

  • Document Services
  • Immigration Compliance Services
  • Consular Services

Related insights

  • EES and ETIAS: Automation Meets Immigration Complexity

Related offices

  • Fragomen in Amsterdam
  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Fragomen in Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Fragomen in Brussels, Belgium, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related services

  • Document Services
  • Immigration Compliance Services
  • Consular Services

Related insights

  • EES and ETIAS: Automation Meets Immigration Complexity

Related offices

  • Fragomen in Amsterdam
  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Tuğba Özyakup, Andreia Florina Ghimis

The enforcement landscape for Schengen overstays is undergoing a fundamental shift. With the rollout of the EU’s Entry/Exit System (EES), authorities now have unprecedented visibility over travellers’ movements. Early data already illustrates the scale and immediacy of this change: in just the first few months of operation, the system flagged more than 4,000 travellers for overstaying in the Schengen Area.  

This development signals a move away from fragmented, manual checks toward automated, data-driven enforcement. While this promises greater consistency, it also increases the likelihood that travellers will be identified and potentially penalised for even minor or unintentional breaches. Against this backdrop, understanding the realities of overstay enforcement and the legal remedies available is more important than ever. 

Overstay Isn’t Always Intentional 

A common misconception is that overstaying is always a deliberate breach of immigration rules. In reality, many cases arise from genuine misunderstandings or administrative complications. 

One of the most frequent causes is miscalculation of the 90/180-day rule. Despite online calculators and guidance, the rolling nature of the rule can be difficult to track, as can its several exceptions and the complexities related to enforcing them—especially for frequent travellers moving in and out of the Schengen Area. 

Administrative delays also play a significant role. Individuals who apply for residence permits or renewals in some Member States may find themselves technically overstaying while awaiting a decision—despite having complied with all procedural requirements. Similarly, changes in immigration status, such as transitioning from a visitor to a resident, are not always immediately updated in border control systems, leading to complications for the travellers. 

These situations highlight a key reality: overstays often occur not because of non-compliance, but because of system complexity. 

System Gaps and EES Uncertainty Increase Risk 

The full implementation of the EES by 12 April 2026 is expected to transform how overstays are detected. By digitally recording entries and exits— including biometric data such as fingerprints and facial scans—the system enables authorities to calculate time spent in the Schengen Area with precision.  

However, this increased automation introduces new risks. 

Administrative updates, such as the approval of a residence permit, may not be reflected in real time within the system. While authorities are expected to correct or erase inaccurate records, the practical implementation of these safeguards remains uncertain. 

This creates a critical gap: individuals who are lawfully present may still be flagged as overstayers due to delays or inconsistencies in data updates. As enforcement becomes more reliant on digital records, these discrepancies may become more consequential. 

Documentation as the First Line of Defence  

As reliance on automated systems grows, the burden of proof may shift toward the traveller. If a system indicates an overstay, individuals will need to actively demonstrate that their stay was lawful. 

In this context, documentation becomes essential. Travellers should be prepared to provide: 

  • Evidence of residence permit approvals or pending applications  
  • Proof of lawful stay, including submission receipts or official correspondence  
  • Travel records, such as tickets and boarding passes  
  • Supporting documents, such as marriage certificates for family members of EU citizens  

Maintaining a clear and accessible record of one’s immigration history is no longer just good practice it is a necessary safeguard against potential system errors. 

Minor Overstays, Major Consequences 

One of the more challenging aspects of Schengen overstay enforcement is the potential severity and inconsistency of sanctions. 

In practice, even short overstays of just a few days can result in serious consequences, including entry bans, refusals at the border and rejections of future visa applications. Breaching an entry ban by attempting to travel despite the restriction may constitute a violation of criminal law in certain jurisdictions, potentially leading to fines, detention or further legal consequences. These penalties can have significant personal and professional implications, particularly for individuals who travel frequently for work. 

Moreover, enforcement practices can vary widely between Member States. What may result in a warning in one country could lead to a formal ban in another. This lack of harmonisation adds an additional layer of unpredictability for travellers and employers alike. 

Importantly, such sanctions are not always proportionate to the nature or circumstances of the overstay, especially where the breach was unintentional or caused by administrative delays. 

Legal Action Within Your Reach 

Despite these challenges, individuals are not without recourses. Overstay findings and related sanctions can often be challenged before national authorities or courts and such challenges are frequently successful when properly supported. 

Key legal arguments may include: 

  • Demonstrating administrative or factual errors in the overstay determination  
  • Providing evidence of pending or approved immigration status that was not considered  
  • Arguing that the penalty imposed is disproportionate under EU law principles  

EU law places strong emphasis on proportionality and fairness and these principles can be powerful tools in contesting unjust outcomes. 

Strategic legal intervention can lead to the lifting of entry bans, the reversal of border refusals or the correction of inaccurate records. In many cases, early action significantly improves the chances of a favourable outcome. 

Stay Ahead to Stay Compliant  

As Schengen enforcement becomes more data-driven, the margin for error—both human and systemic—remains. Travellers and employers should not assume that compliance alone will prevent issues; proactive planning and documentation are increasingly critical. 

This includes understanding how time spent in the Schengen Area is calculated, anticipating potential administrative delays and maintaining thorough records to support lawful stay. 

How Fragomen Can Help 

If you or your employees are facing a potential overstay situation or want to mitigate risk in an increasingly automated enforcement environment, specialist guidance can make a significant difference. 

Fragomen can support with: 

  • Preventive guidance and strategic travel planning  
  • Assistance in documenting and evidencing lawful stay  
  • Legal support, in several jurisdictions, in challenging overstay findings, fines and entry bans  

With the right approach, many overstay-related issues can be prevented or effectively resolved before they escalate into more serious consequences.  

Need to Know More?  

For more information about managing Schengen overstay risks or navigating the EES please contact Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis at [email protected].  

This blog was published on 3 April 2026 and reflects information available at that time. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow Fragomen on  LinkedIn, Facebook and Instagram. 

 

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Fragomen in Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Fragomen in Brussels, Belgium, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related services

  • Document Services
  • Immigration Compliance Services
  • Consular Services

Related insights

  • EES and ETIAS: Automation Meets Immigration Complexity

Related offices

  • Fragomen in Amsterdam
  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Fragomen in Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Fragomen in Brussels, Belgium, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related services

  • Document Services
  • Immigration Compliance Services
  • Consular Services

Related insights

  • EES and ETIAS: Automation Meets Immigration Complexity

Related offices

  • Fragomen in Amsterdam
  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Fragomen in Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Fragomen in Brussels, Belgium, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related services

  • Document Services
  • Immigration Compliance Services
  • Consular Services

Related insights

  • EES and ETIAS: Automation Meets Immigration Complexity

Related offices

  • Fragomen in Amsterdam
  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Media mentions

WealthBriefing: The End of the Golden Visa?

Director Isobel Neilson discusses how investment migration programs are evolving amid political scrutiny, regulatory reform and shifting priorities, with governments moving toward pathways that emphasise economic contribution, talent and stronger ties to host countries.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is Set to Vote on a Population Cap. Here's Why it's Divided the Nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Media mentions

WealthBriefing: The End of the Golden Visa?

Director Isobel Neilson discusses how investment migration programs are evolving amid political scrutiny, regulatory reform and shifting priorities, with governments moving toward pathways that emphasise economic contribution, talent and stronger ties to host countries.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is Set to Vote on a Population Cap. Here's Why it's Divided the Nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 22, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 22, 2026 | CanadaFragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility
June 22, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 22, 2026 | Republic of Korea (South Korea)South Korea: Top-Tier Visa Expanded
June 22, 2026 | United StatesUnited States: DHS Proposes Significant Increase in Filing Fees for Naturalization Applications and Related Filings
June 22, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 22, 2026 | CanadaFragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility
June 22, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 22, 2026 | Republic of Korea (South Korea)South Korea: Top-Tier Visa Expanded
June 22, 2026 | United StatesUnited States: DHS Proposes Significant Increase in Filing Fees for Naturalization Applications and Related Filings
June 22, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.