What happens if I overstay my Schengen Visa?

As travel and entry requirements related to the COVID-19 pandemic begin to relax and people are motivated to travel more frequently for both work and pleasure, it is increasingly important to be aware of the consequences of overstaying your visa in the Schengen Area, a group of 26 European countries and the world’s largest “visa-free” zone.

How long am I permitted to stay in the Schengen Area?

The Schengen rules apply to all non-EU nationalities. While some foreign nationals, depending on their citizenship, do not require a visa stamp in their passport to travel to the Schengen Area (U.S. nationals, for example) and others do (such as Indian nationals), the same rules apply to both groups.

To many, the 90-day permitted stay period within a rolling period of 180 days seems like enough time to spend in the Schengen Area. Still, once individuals approach those 90 days, many may be tempted to stay longer, asking themselves: “What happens if I overstay my Schengen Visa?”

Each Schengen state applies different penalties for overstaying beyond your Schengen Visa’s validity or beyond the allowable 90 days, and the sanctions you will face depend on the country where you will ultimately exit the Schengen Area.

It is also important to remember that the 90/180-day rule also applies to countries with a visa waiver agreement with the Schengen Area. Therefore, it does not matter if you have entered Schengen territory on a Schengen Visa, or if you are citizen of a country to which a visa waiver has been applied. No matter your circumstances, you are not allowed to overstay the 90-day permitted stay per 180-day rolling period. It is also irrelevant if you are overstaying a Schengen Tourist Visa or any other Schengen Visa. Each situation has applicable penalties, and if you do not comply with the rules, you may face the consequences.

EES (Entry/Exit System)

To facilitate the detection of overstays in the Schengen Area, as well as to improve access to information for travellers entering Europe and make documentation-checking at borders faster and more efficient, the EU Council enforced the so-called Entry/Exit System (EES), which is expected to be operational at the end of May 2023.

EES will impact all non-EU nationals (both short-stay visa holders and visa-exempt travellers) travelling from outside the EU into EU countries. The EES replaces the passport stamp at border checkpoints. Instead, travellers will register their name, travel document, biometric data and place of entry and exit on the new digital system. The system is expected to improve security measures at borders of the Schengen Area, facilitating the detection of overstays there. The data stored will be accessible to immigration authorities for purposes of border controls, visa issuance and other immigration matters. Learn more about the EES here.

Consequences of Overstaying

With computerised visa checks in place across the Schengen Area and with the upcoming EES, an overstay will never go unnoticed. Immigration authorities have registered in their databases every person who enters and leaves the Schengen Area, as well as those holding passports of various countries who use different passports for travel. If you overstay, it will be recorded, and consequences apply whether your overstay was intentional or unintentional.

Potential consequences of overstaying include:

• Fine – This is the most common penalty for overstaying and, similar to all other penalties, is dependent on the member state where your overstay is discovered. Fine amounts are applied differently and might be associated with an entry ban.
• Ban – Bans are generally applicable to those overstaying and working. Depending on the length of overstay and the country where you have been, the ban can be issued for a period of three years or more.
• Immediate deportation – This depends, again, on the country where you have overstayed and on your specific situation. If you not only stayed illegally but were also engaged in paid activities while overstaying your visa, you could also face a trial which could result in jail time and/or a very high fine if you are found guilty. You will then be deported to your home country and banned from entering the Schengen Area for a specific number of years.

Depending on your circumstances and situation, the penalties you could face for overstaying your visa may vary. It is important to be aware that the computerised system may make it more difficult for you to travel back to the Schengen Area in the future.

Avoiding overstaying

Even if you face an accident or unforeseen illness, or you are in a situation that does not permit you to travel to your home country in due time, we strongly advise you not to violate the Schengen rules under any circumstances as extensions of Schengen Visas are only possible in very rare cases.

Need to Know More?

Should you need support or have any questions related to this matter, please contact Senior Immigration Consultant Mihaela Dumitru at [email protected] or Partner Timo Heck at [email protected]. If you need wider support in the Schengen region, please direct your queries to [email protected]. This blog was published on 27 July 2022, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.