What are the consequences of a US citizen overstaying a Schengen visa?

  • According to law, what are the consequences of a US citizen overstaying a Schengen visa?

    In practice, how likely is one to be penalized for overstaying by a day, 10 days, and a month?

    Are there countries that are more likely to enforce the rules on departure?

    why would you assume it's different for a US citizen?

    I don't think this is a duplicate. This question asks for a legal citation as well as for likelihood of enforcement.

    @vartec - I don't assume it's different for a US citizen. Whenever I ask questions about visas on Travel.SE there's always a request for the citizenship of the person.

    @johndbritton Reason for citizenship question is to establish visa requirements. Once you're in the country laws are the same for all... (maybe)

    @vartec it can be different. For example, NZ has prior agreements with countries like Spain that supersede any 90-day limits in the EU.

    @johndbritton "how likely" is very subjective. It's going to be different for every case. You might have a "valid" reason to overstay (sick and in hospital) for example. And I don't think the citizenship matters one bit - overstaying is overstaying.

    You won't get caught. I overstayed my Schengen visa for like 6 months each year for 4 years. I am alive and kicking and now I have a permanent working visa in a Scandinavian country. It is all about confidence and knowing the rules, and then playing dumb if you get yourself in a sticky situation.

    I don't think US citizens can get Schengen visas (but they might obviously stay longer than allowed for a visa free visit and then the same answers mostly apply).

    The 90/180 rule for US citizens applies to a visa-free stay. If an American wants to be more than ninety days, he must apply to a specific country, and the 90/180 still applies for trips out of that country.

    @MarkMayo: An important clarification on those extra agreements: in most cases, if you take advantage of them to legally stay longer in Schengen, you must not re-enter or transit through a country without such an agreement. Example: 89 days in Spain, 89 days in Denmark, 89 days in Poland. Go from Poland to Netherlands, boom. You have been 267 continuous days in Schengen!

  • Mark Mayo

    Mark Mayo Correct answer

    8 years ago

    Where you're from is likely irrelevant. Overstaying is overstaying, you're not going to get treated more harshly or kindly because of who your president/king/prime minister is.

    There's a great piece "Overstaying Schengen visa" that is relevant to this.

    Consequences of overstaying

    This could result in a:

    • no consequence - if you're lucky, and this will depend greatly on who you deal with and what mood they're in.
    • fine - the smallest and easiest problem - although it can be expensive, it's solvable with money. Have heard of 700 Euro fines for being 20 days over.
    • record - they may put something on your personal record for the Schengen countries, making it hard to get a visa in future.
    • ban on entry - you may be banned for 1-3 years (usual length of time).
    • deportation - very bad to have on your record, can affect all other travel to non-Schengen countries as well.

    In terms of some countries being more strict, if you are 'banned', you're more likely to get back in by applying to one of the countries only recently admitted to the area. They're allegedly more likely to approve (presumably either lack of records, or for touristic purposes).

    If you're then denied further re-entry, you can at best try to appeal for a visa - say for example, on grounds of compassion. For more information, read about the Schengen visa appeal process.

    As far as I know, applying for a visa is not possible if your citizenship does not require one in the first place. The proper procedure is to appeal any warning or database entry about yourself to the relevant country (you also have a right to know if there is one).

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Content dated before 7/24/2021 11:53 AM