Consequences of outstaying 90 days ?

[sonic650]

Good morning all, Just wondering if anyone has experience of staying in EU over the 90 days and what if any consequences are likely to arise should we overstay. Likely to be returning to UK via Eurotunnel if that makes replies any more concise
Thanks

 

[yeoblade]

Many consequences, avoid do it.

 

[Mr and Mrs Tupcox]

Fines for staying over 90 days in the EU
This can be levied along with other penalties and the amount depends on the country. In Italy, you might have to pay between €5,000 and €10,000. In Germany, a fine of up to €3,000 is possible while in Spain it can range from €500 to €10,000.17 Nov 2022


Quick goggle.

 

[Mr and Mrs Tupcox]

Britons and Americans without long-stay visas who remain in France – or other Schengen countries – for more than 90 days within any 180-day period are subject, in theory, to a €198 fine and may find it more difficult to enter the country or obtain a visa in the future.2 Jul 2022


Quick goggle

 

[jagmanx]

Certainly avoid!
I would expect flexibility provided any overstay is due to
1 illness
2 problem with the vehicle
3 other "calamity"

Contact the local or Schengen authorities asap !
I suspect the British Embassy will be not very helpful !

 

[wildebus]

And asking the question beforehand suggests intent, which if found (and investigators check internet usage and social media for information searches) will likely result in a more severe penalty on an overstay.

 

[marchie]

In a slightly wider context, the EU has taken a fairly relaxed/tolerant approach to the original Withdrawal Agreement, and the subsequent modifications via the Windsor Agreement, in an attempt to reach an Accord, rather than spending time arguing and threatening retaliation etc. If you look on the UK Gov Website for both France and Spain, the Guidance states that 'you may be asked to show a Return Ticket', but every motorhomer replying to queries 'Do we have to buy a return ticket in advance?' on various Fora has replied 'Never asked/Guards not interested/bothered' etc. If people start taking the p*ss by overstaying, then the EU might choose to toughen up its regime, and then we'll have comments about how obstructive those bloody French are etc ...

Steve

 

[sonic650]

Thanks to everybody for your advice. I don't intend to overstay but was interested in the experience of those that had. I also appreciate a few days here and there may be viewed more lightly than a longer transgression. I guess it may just depend on what kind of a day the particular border official has had and the level of contrition I am able to display or otherwise
Cheers all

 

[Canalsman]

Be sure to check the date stamp in your passport.

On my first trip since the Schengen rules applied the date was wrong showing the previous day's date.

It sounds trivial but it might have consequences.

I suspect that a re-entry ban for a period of time could well be the preferred penalty if you overstay. In my view the risk of that is more than sufficient to make sure I stay within the 90 days!

 

[marchie]

Be sure to check the date stamp in your passport.

On my first trip since the Schengen rules applied the date was wrong showing the previous day's date.

It sounds trivial but it might have consequences.

I suspect that a re-entry ban for a period of time could well be the preferred penalty if you overstay. In my view the risk of that is more than sufficient to make sure I stay within the 90 days!

There is provision within the Border Guard Technical Manual for mistakes such as wrong dates of entry/leaving to be corrected, with reasonable evidence [e.g. ferry ticket or ferry booking confirmation] to be corrected with mnimum fuss. The Manual reminds the Guards that the vast majority of passengers are law abiding citizens, going about their normal business, and the travellers are to be treated courteously and with a presumption of innocence

Steve

 

[jacquigem]

There is provision within the Border Guard Technical Manual for mistakes such as wrong dates of entry/leaving to be corrected, with reasonable evidence [e.g. ferry ticket or ferry booking confirmation] to be corrected with mnimum fuss. The Manual reminds the Guards that the vast majority of passengers are law abiding citizens, going about their normal business, and the travellers are to be treated courteously and with a presumption of innocence

Steve

That's good to know.

Coming out of UK this summer the border guard stamped my passport despite him having my Spanish residency card.
I don't think he should have stamped it (haven't in past) and we won't be returning for the best part of a year at earliest.

I wasn't too concerned as assumed on returning, my residency card would solve any problems and show that the passport should not have been stamped, but I guess we shall see.

 

[Glandwr]

I used to leave the UK on my birthday in the last week of Oct and return for St David's day.

Still feel angry

 

[Nabsim]

Thanks to everybody for your advice. I don't intend to overstay but was interested in the experience of those that had. I also appreciate a few days here and there may be viewed more lightly than a longer transgression. I guess it may just depend on what kind of a day the particular border official has had and the level of contrition I am able to display or otherwise
Cheers all

Nothing to do with individual officers, it’s all on a shared database. It says if you are ill and unable to travel you should apply for the visa extension if possible. It also says nobody can overstay without authorities noticing which I suspect will be where a guard doesn’t notice one day over but it still gets logged and can have repercussions penalties later

Schengen overstay

 

[marchie]

I used to leave the UK on my birthday in the last week of Oct and return for St David's day.

Still feel angry

I can make you feel worse by adding, apart from the Brexit decision, the EU offered the UK Government, under the Withdrawal Agreement negotiations in the period between October 2017 and early January 2018, the 180 days in Europe on the same basis as EU citizens visiting UK have.

The UK Government declined the offer, because it felt that it would weaken its then key message/boast of removing Freedom of Movement to keep the Farage transferred element of the Tory voters support. They never questioned that the Removal of Freedom of Movement might apply to other than immigrants in small boats, or that in leaving the EU, UK would lose the EU protection of requiring refugees to register in the first safe country [usually Greece or Italy, but then expanded by purchasing an Agreement with Turkey to take refugees. So UK now is a Third Country, we can only visit for 90/180 days, and the refugees can still arrive, whilst UK pays to make piecemeal Agreements with France ...

And Mr Farage still holds Court. We downloaded 'The Thick of It' series this week. It's still a funny programme, but its template as a Government Technical Manual blunts some of comedy gold ...

Steve

 

[marchie]

Nothing to do with individual officers, it’s all on a shared database. It says if you are ill and unable to travel you should apply for the visa extension if possible. It also says nobody can overstay without authorities noticing which I suspect will be where a guard doesn’t notice one day over but it still gets logged and can have repercussions penalties later

Schengen overstay

Thanks, Neil. The Information Sheet is really useful and succinct. Added to my Bookmarks! There's 2 Threads running on another Forum you're familiar with where Members have posted lots of 'opinions' that Border Guards take no notice of Stay Dates until the Entry/Exit System is operational, so we need a Daily Mail reader to let us know when the first cases come to Court

Steve

 

[Nabsim]

Thanks, Neil. The Information Sheet is really useful and succinct. Added to my Bookmarks! There's 2 Threads running on another Forum you're familiar with where Members have posted lots of 'opinions' that Border Guards take no notice of Stay Dates until the Entry/Exit System is operational, so we need a Daily Mail reader to let us know when the first cases come to Court

Steve

It may be they decide no action for an odd day is appropriate Steve but I suspect when it starts to get nasty will be when someone is turned round at an entry point. To me worst case I could imagine is if you went to a non Schengen country to extend time abroad but were then refused re-entry to a Schengen area because of previous infractions. Would be a nightmare trying to sort I imagine but hopefully nobody gets into that

 

[marchie]

It may be they decide no action for an odd day is appropriate Steve but I suspect when it starts to get nasty will be when someone is turned round at an entry point. To me worst case I could imagine is if you went to a non Schengen country to extend time abroad but were then refused re-entry to a Schengen area because of previous infractions. Would be a nightmare trying to sort I imagine but hopefully nobody gets into that

I'm OK, Neil, because Elaine has her Irish Passport, so, as long as she doesn't divorce me [or pour any more freshly made coffee into my crotch ...], I benefit from her EU Citizenship Freedom of Travel! I was just pointing out the mistaken belief expressed elsewhere that 'nobody checks' the Schengen Entry/Exit Dates'

Because I am an anal retentive/OCD, I have the Border Guard Technical Manual on my phone alongside my COVID Jag Certificates [for the next time!], my Declaration sur l'honneur [for the next time], all Ferry Tickets since Brexit, details of every itinerary including dates of stay and duration whilst in Europe, and photos/selfies etc of various cities we passed through, so that everything can be cross referenced to prove my bona fides. And I have paper documentation including Birth & Marriage Certificates and Divorce Papers for back up, just in case ...

I was stopped once by the Border Guard who queried the kit/tools etc bits of furniture etc. I explained that we were renovating our hovel in France and whipped out my laptop, offering to how him the 600+ photos we had of the before/during/after renovations, including me up to my wellies in fresh concrete etc. He quickly lost interest and we were waved through ... [Think my reputation for talking for far too long may have preceded me]

Steve

 

[alcam]

I'm OK, Neil, because Elaine has her Irish Passport, so, as long as she doesn't divorce me [or pour any more freshly made coffee into my crotch ...], I benefit from her EU Citizenship Freedom of Travel! I was just pointing out the mistaken belief expressed elsewhere that 'nobody checks' the Schengen Entry/Exit Dates'

Because I am an anal retentive/OCD, I have the Border Guard Technical Manual on my phone alongside my COVID Jag Certificates [for the next time!], my Declaration sur l'honneur [for the next time], all Ferry Tickets since Brexit, details of every itinerary including dates of stay and duration whilst in Europe, and photos/selfies etc of various cities we passed through, so that everything can be cross referenced to prove my bona fides. And I have paper documentation including Birth & Marriage Certificates and Divorce Papers for back up, just in case ...

I was stopped once by the Border Guard who queried the kit/tools etc bits of furniture etc. I explained that we were renovating our hovel in France and whipped out my laptop, offering to how him the 600+ photos we had of the before/during/after renovations, including me up to my wellies in fresh concrete etc. He quickly lost interest and we were waved through ... [Think my reputation for talking for far too long may have preceded me]

Steve

Think you should rent out your services to totally disorganised people like me .

 

[andyjanet]

We did 89 days and the stress it caused when we were delayed wasn’t worth it so now we come back after 85 days just to be sure,
It looked like a comedy sketch with the official counting up how many days on his fingers and then we both started doing it
Turned out alright in the end

 

[iampatman]

There are quite a few UK folk come here to properties they own or rent accommodation for periods at a time. Most of them have been coming here for 15/20 years. As they are now all on the 90/180 days restriction they have apps which tell them when they can come and for how long, dependent, obviously, on them inputting details of recent visits. Might be worth checking out for folk who come to EU regularly. Saves counting on your fingers.

Pat