After obtaining a Schengen visa, you are notified about the maximum time you can stay in the Schengen member state you plan to visit. It is significantly important that before finally entering the Schengen Zone, you are aware of its immigration laws and policy. Simply said, if you are a visa-free traveler or coming from a third country that is not a member of the Schengen Zone, you must adhere to the 90/180-day rule.
What Does “Overstaying” Mean?
Overstaying in the Schengen area means staying beyond the time limit allowed by your visa or the 90/180-day rule for visa-free travelers.
- For visa holders: For example, if your Schengen visa allows you to stay for 30 days within a three-month period, but you stay for 40 days within three months, you have overstayed. Visas can be issued for different validities; the validity of your visa will be stated on the visa sticker.
- Visa-free nationals: If you are a visa-free national, you will overstay if you stay in the Schengen Area for longer than 90 days in a 180-day period.
Overstaying is considered a serious offense with legal consequences, and you may face penalties or even be barred from entering the Schengen area again in the future. It is essential to adhere to the time limit allowed by your visa and follow the rules to avoid any issues.
A Schengen Visa allows a maximum of 90 days in any 180-day period and multiple entries, but exceeding the limit may result in penalties. As a visa holder, it’s your responsibility to comply with this rule and respect the visa validity period.
Consequences of Overstaying
Some of the consequences for overstaying in the Schengen Area include:
- Fines and penalties. Most of the time, in mild cases, applicants who have overstayed are subject to a monetary fine. This means that if you have stayed longer than you are allowed to, you will have to pay a certain amount of money. Fees vary depending on the Schengen Member State that you are caught overstaying.
- Deportation or forced exit. You may face deportation or forced exit in case you are caught staying past your visa’s validity period. This can take place immediately or after a few days. If you have carried out paid work activities or engaged in illegal activities, you will be taken into custody. If found guilty, you will have to face time in prison.
- Entry ban or blacklisting. You may, as well, be banned from entering the Schengen Zone. You won’t be able to enter any Member State that is part of the Schengen Area. A blacklist will allow Immigration officials to identify ‘risky’ applicants who have broken any rules in the past. Countries usually share this data with other countries, meaning if you have been blacklisted in a certain country, you will face trouble entering any other Schengen countries.
- Negative impact on future visa applications. If you have been irresponsible in the past, have overstayed your visa, been banned/blacklisted, or been issued a fine or penalty in the past, this will make it difficult for you to obtain another visa. Immigration officers will assess the risk of illegal immigration and your intention to leave the territory of the Member States if you have shown to be reckless in the past. One of the main aspects which is verified by the Immigration officers is previous illegal stays in the Member States. It will be held against you on future visa applications.
- Damage to the individual’s travel record. An immigration officer will be checking the length of stay of previous and intended days. This way, they will be able to verify if you have not exceeded/will not exceed the amount of time you are permitted to stay in the territory of the Member States. Therefore, a good travel history is essential. Therefore, you must be extremely careful and not ruin your chances of getting issued a visa in the future. It goes without saying that overstaying will damage your travel record.
What to Do If You Overstay?
If, for whatever reason, you have overstayed, it is best to leave voluntarily right away. If you are unable to leave, you should inform the Immigration office. For example, reasons that are considered valid include urgent medical care, natural disasters, international emergency situations, e.g., pandemics, or others. You will be asked to present proof to make sure that you hold a legitimate reason. Either way, you should avoid overstaying. In addition, you should check if there is a chance for you to extend your visa or obtain a new one.
How to Make Sure You Do Not Overstay in the Schengen Area?
To make sure you do not overstay in the Schengen Area, you should know how to calculate your allowed period of stay:
- For the 90/180-day rule – to calculate the duration of your stay, you need to count the number of days you have stayed in the Schengen area in the last 180 days. If the total number of days you have stayed is less than 90, you can enter the Schengen area again and stay for the remaining days until you reach 90. If you have stayed for 90 days within the last 180 days, you must leave the Schengen area and wait until at least 180 days have passed since your first entry before you can enter again.
- If you have a Schengen visa with a shorter validity period, such as 30 days within 3 months, you must calculate your allowed duration of stay based on this limit. In this case, you are allowed to stay in the Schengen area for a maximum of 30 days within a period of three months. The three-month period starts from the date of your first entry into the Schengen area, and you must leave before the end of this period. With a Schengen visa, you cannot re-enter the country until you obtain another visa.
More Tips on Ensuring You Do Not Overstay
There are a few more things you can do to make sure you do not overstay in the Schengen Area:
- Check your visa sticker. To avoid overstaying, it’s crucial to check the validity period on your visa sticker. The validity period indicates the dates during which you are allowed to enter the Schengen area. Make sure that the dates on the sticker match your travel plans and that the visa is still valid at the time of your planned entry.
- Be aware of the 90/180-day rule. Remember that you are allowed to stay in the Schengen area for a maximum of 90 days within any 180-day period. Calculate your allowed duration of stay accordingly. If you are still unsure of how the 90/180-day rule works, you can use the Schengen Visa Calculator.
- Keep track of your days. Count the number of days you spend in the Schengen area, including the day of entry and exit. You can use a calendar or a Schengen visa calculator to help you keep track.
- Plan your trip. Plan your trip in advance and make sure you have enough time to see everything you want within the allowed duration of stay.
- Don’t cut it too close. Avoid scheduling your departure on the last day of your allowed stay. Give yourself a few extra days in case of unexpected delays.
- Exit on time. Leave the Schengen area before your allowed duration of stay expires. You can exit anytime before the last day of your allowed stay, but make sure you do not exceed the limit.
By following these tips and staying aware of your visa’s terms and conditions, you can make sure you do not overstay in the Schengen area and avoid facing penalties or being barred from future entry.