Eu overstay

The Consequences of Overstaying 90-Days limit in the European Union

Travelers from non-European Union countries might enjoy the beauties and vast cultural experiences that Europe has to offer. However, it's important to be aware of and respect the rules surrounding the 90-day limit stay in the EU. Since Brexit, British people must abide by the same regulations as other non-EU nations like Americans and Australians in order to stay in the EU.

          Without a visa or residency permit, you are permitted 90 days of stay in the EU and the Schengen region within a 180-day period. The 90 days may be used all at once or over the course of several brief periods. Non-EU people must leave the Union once the 90 days have gone (instead of simply relocating to another EU nation) and remain away for at least 90 days before coming back. 

      And what happens if a non-EU citizen overstays their welcome? Let’s start with the explaining what are the Schengen Visa Types and then I will try to explain overstaying in EU and its consequences.  

What are the Schengen Visa Types?

     A short-term Schengen Visa is type C visa and it has three different types.

   1.  Single-entry Visa: (“1” on the visa sticker) It allows the holder entry into the Schengen region only once and for a specified amount of time. The visa’s validity ends after the person departs the Schengen area, even if their permitted stay hasn’t ended yet.

   2. Double-entry Visa: (“2”  on the sticker) It permits the holder to enter the Schengen region twice while the visa is in effect. Therefore, during that period, it is possible to enter and exit the Schengen area. The visa ends after the second exit.

   3. Multiple-entry Visa: (“MULT” on the sticker): It gives the holder an unlimited number of entries and exits from the Schengen region. But still over a 180-day period, this authorization is valid for a maximum of 90 days.

     A type C MULT Schengen visa can be obtained of 6 months to maximum 5 years. 

How long can I stay without a visa in the Schengen area?

     If you have a valid visa for an European Union country you will know until when you can stay in the EU zone. But If you don’t need to have a visa to visit the Schengen area, then the rule is very clear. You can stay 90 days in any 180 days period.

     If you travel a lot, calculating the 90 days in the last 180 days can be confusing because of the possibility of confusing entry and exit dates. But, don’t worry there are some calculators for that which you can find easily through internet.

     Basically you should go back to 180 days from today and count the days that you stayed in the Schengen area and it shouldn’t be more than 90 days. Entry and exit days are important while calculating the 90 days. 

  • The date of entry is considered as the first day of stay in the Schengen territory,
  • The date of exit is considered as the last day of stay in the Schengen territory,

The calculation of the duration of a visa-free stay is defined without calculating periods of previous stay under a residence permit or a long-stay visa. Residence permits and long-stay visas are subject to different rules.

What are the Penalties for Overstaying Your 90 Days in the EU?

    Officially, non-EU nationals who remain in the EU or the Schengen region for more than 90 days have exceeded their permitted stay. Overstaying is simple to spot by the authorities because passports are examine upon entry and exit to the EU.

     When you overstay in the Schengen area, the warning (signalling) is entered to an information system which is called SIS. This is Schengen Information System and all border officials of Schengen countries can check this system. The decision for the entry ban states in which system you will be reported. If non-EU nationals stay in the union after 90 days, they could face a number of sanctions. 

      All of the member states apply at least one of the following types of penalties for overstaying a Schengen visa or a permitted stay.

  • Deportation
  • Difficulties coming back to Schengen
  • Fine
  • Ban
 

     Penalties for overstaying can include fine, deportation or entry bans. These bans range anywhere from a few months to several years. Some countries might even impose fines on those guilty of overstaying. 

    It is important to keep any document which you get from the police or any officials about overstaying. Because these documents contain information about both the penalties you received and the appeal. For your lawyer, it is very important to review these documents in order to understand the situation you are in and to provide you with information afterwards. 

 Fines for some EU Countries

     Fines vary depending on the EU country and also other conditions that I have been mentioning about. I want to give some examples some of the countries’ fines so that you can imagine what is waiting for. But always, you need to check for the updated information.

    • Austria: Overstayers can face fines from €100 – €5,000 with possible deportation and entry ban.
    • Belgium: Potential fines can range between €200 – €6,000 plus an entry ban.
    • Czech Republic: A foreigner maybe fined from € 200 to € 2000
    • France: The penalty can be up to €3,750 fine or deportation and entry ban.
    • Germany: Charges a fine of up to €1,000 and may enforce an entry ban.
    • Italy: Fines range from €80 – €3,000, along with a possible entry ban.
    • Netherlands: Fines can be as high as €1,500 and may include an entry ban.
    • Poland: Fines range from €500 – €1000 along with a possible entry ban.
    • Portugal: Return procedure will be initiated. 
    • Spain: Fines start at €501 up to €10,000 with potential deportation and entry ban.

     

        Note that not all EU countries have set rates for fines; many implement penalties on a case-by-case basis which may include deportation or bans.

Will I be deported If I exceed my stay in Schengen Zone? 

deported

    If you are caught staying illegally in Europe, it is most likely that you will face deportation. And deportation is nearly always followed by additional sanctions like I mentioned above. 

    You are most likely to be banned from traveling to the Schengen Area for a period of time. Even those who escape these sanctions could face a ban – while overstaying is also likely to affect your chances of getting a Schengen Visa in the future.

    If you are found breaking the law by accepting paid work or committing crimes, you might be deported right away. Alternatively, you might be arrested and put on trial, which could result in jail time or a fine. Once your punishment has been served, you will be deported. 

    Minors or those requiring a caretaker may not face sanctions, or if you are incapacitated by an illness or injury. But in these cases, you are advised to apply for an extension.  

Is there any acceptable reasons for an extension of stay?

     The short and simple answer is Yes! There are some reasons which are deemed acceptable for an extension of stay in the Schengen Area. But, I think it’s worth noting that these are very exceptional cases.

Basically these reasons are:

    • Humanitarian reasons, (volunteering, medical treatment, or attending a funeral etc.)
    • Late entry
    • Force majeure,  (extraordinary circumstances)
    • And very important personal reasons.

Conclusion

       It is crucial for non-EU citizens to respect the 90-day restriction in European Union countries. Penalties, fines, and potential bans loom over those who overstay their welcome. Being informed about the consequences can save you from complications during future visits to Europe. 

       Make sure to plan your trips according to regulations and adhere to them for a smooth and hassle-free travel experience. Should you need support or have any questions related to this matter, or for other issue related the Schengen region please contact me

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