How Is Overstaying in the Schengen Area Punished? Schengen Visas are not easy to obtain. There are lots of documents you need to collect and requirements you must meet. You have to attend an interview and then wait for the visa to be processed. Once you receive the visa, it feels like everything was worth it.

Some people feel the 90-day period per six months is sufficient time to stay in the Schengen Zone. Others get visas that have shorter periods of stay, like five days or two weeks. However, many Schengen visa holders are tempted to stay longer once the visa expires, wondering repeatedly: What happens if I overstay in Europe?

The following things should be kept in mind if you’re tempted to do such a thing:

First of all, you should be aware that overstaying a visa does not go unnoticed. The Schengen immigration authorities have a database for every person who enters or leaves, and for every overstay, even for a day.

It could be a fine, immediate deportation, or even being banned from entering the Schengen Zone for a specified period of time regardless of whether the overstay was intentional or unintentional.

Also, it does not matter whether you entered Schengen territory on a Schengen Visa or whether you are a national of a country to which a visa waiver has been granted. Overstaying 90 days per 180 days is not allowed, even if you belong to one of the latter. This does not apply whether you are overstaying a Schengen tourist visa or a student visa. You will get your visa overstaying penalty if you do such a thing.

Consequences of Overstaying in the Schengen Zone

In spite of the lack of a common overstaying penalty policy among Schengen Member States, each state applies its own type of penalty.

Therefore, the consequences of overstaying in the Schengen territory, whether it is your visa or the 90 days allowed for nationals of the countries under the visa-waiver program, depend a lot on the number of days you have overstayed and the country where you get caught. Known for applying very high fines to overstayers, Germany has the strictest immigration laws in the EU in this direction.

Each member state applies one of the following types of penalties for overstaying a Schengen visa or permitted stay.

Deportation

You will be totally deported to your home country when you get caught staying illegally in Europe. Your case and the country where you are caught will determine the deportation process. You may be deported immediately, within a few hours or after several days. A person who engages in paid activities while overstaying their visa, or engages in illegal activities, will most likely be taken into custody and await trial. Upon conviction, you will be jailed or fined a high amount of money. After completing the punishment, you will be deported to your home country and barred from entering Schengen for a certain period of time.

Deportation is always followed by another consequence. Usually, you will know about it in advance of being deported since you will receive your case’s decision. You might be able to leave without further penalties if you just overstayed for a few days, and you are lucky to be caught in a country that goes easy on overstayers.

Difficulties coming back to Schengen

Even if you get back to your home country without any fine or ban, you should know that your overstaying will cause you problems the next time you try to enter the Schengen Zone. Overstayers, regardless of where they were caught, are usually treated suspiciously by immigration officers and border guards. The EU external borders or getting a Schengen visa will therefore be difficult for you.

Fine

There are different penalties for overstaying a visa depending on the member state. Nevertheless, if you are caught after you have illegally stayed in the Schengen Area for a long time, you will not only be fined but you will also be banned from entering the Schengen Area for an extended period of time, or even permanently.

Ban

An individual can be banned from entering any of the Schengen area member states for a period of three years or more if they overstay and work or engage in other illegal activities.

No consequences

In some cases, people may not suffer any consequences for overstaying their visas, such as if they are a child or can’t travel without a caretaker due to an illness or disability. Alternatively, if you become ill or are in an accident that prevents you from traveling home, you may be advised to apply for a Schengen visa extension rather than overstay.

How to Avoid Overstaying in Schengen

Many people unintentionally overstay their visas because they are unclear about how long they are permitted to remain in the Schengen Zone, or they have the wrong information. Therefore, you should always be aware of the period of time you are allowed to stay in a member state to avoid accidentally overstaying it. Just because you stayed after your visa expired without realizing it, you won’t be charged with any penalties. Make sure to check the following in order to prevent such a thing from happening:

90/180 Schengen Visa Rule

Many people misunderstand this rule, which, in fact, is quite easy. You will be affected by this rule if you are in Europe without a visa because you are from a visa-exempt country or entered on a multiple-entry visa for more than six months. If you have been in Europe for more than 90 days within the last six months, count the last 180 days. Even if you enter Schengen territory just before midnight, your first day is counted as day 1, while your last day is counted as the day you leave.

Schengen Visa Duration of Stay & Validity

It is common for people to overstay because they mistake Visa Validity and Duration of Stay as the same thing. A visa validity is the date from which the holder is allowed to enter the Schengen Area, and the duration of stay is how long he or she may remain there. Visa stickers affixed to passports of travelers permitted to enter the Schengen Zone provide details about the validity and duration of their visas.

Conclusion

Schengen Area can have severe consequences, including fines, deportation, and bans from re-entry. The strict enforcement by Schengen Member States necessitates a clear understanding of visa rules, validity, and duration of stay. Avoiding unintentional overstays requires adherence to the 90/180 Schengen Visa Rule and distinguishing between visa validity and duration of stay. It is crucial to stay informed and comply with regulations to prevent any repercussions and ensure a smooth travel experience within the Schengen Zone.