Passport Question - do I have to leave after 90 days in Schengen countries

edited January 2011 in - Italy
I have an American passport in no immediate danger of expiring, however I've just been in Italy for just short of the 90 days a passport is supposed to allow you. I'm hoping to return on the 20th of January, but I've heard that it takes another 90 days before your passport gives you time in the country. Is this true/is it enforced? Will I now need a VISA to enter into the country?
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Comments

  • edited January 2011
    The issue here is not your passport, but the Schengen Visa agreement. Italy is one of 25 countries that follow the Schengen "rules." And you are correct, you are allowed 90 days in all Schengen countries, then you must LEAVE for 90 days. After that - now 180 days consecutively - you can go back for your NEXT 90 days. So, for any Schengen country, it's basically 90-in, then 90-out... repeatedly - UNLESS you have a visa that gives you authorization to "be" there. Does not sound like you have the visa....

    Thus, you will be in violation of the Schengen policy if you go back to Italy. Is it enforced? Depends on who is checking your passport. More often than not, you would get busted on your way OUT of Italy - or any Schengen contry - a few months from now. Most people are busted in the airport. Italy is not great at checking, but Germany, Switzerland, Finalnd, and the UK seem to be the worst....If you took a direct flight from Italy back to the USA you might have better odds. It really comes down to..."Do you feel lucky?"
  • edited 7:28AM
    my french boyfriend and i wish to get married, we have been seeing each other since 2008 (i have family book prep) he is separated not yet divorced but he wants me to go over I am 49 years of age, so too old for working visa..
    what is my best chance to secure a visa long term.? and which visa should i souce out
  • edited 7:28AM
    i have france passport do i need visa to visit austria?
  • edited 7:28AM
    I am a an American citizen in Germany and I left Germany before my 90 days to London March 16 20011 and returned the following day to restart my 90 days. To make sure I went to the boarder police and asked them if my return back to Germany was ok. They then took my passport, he called for verification and stated to me that I was ok. That I can leave and return the following day, the main point is that I am out before the 90 days. I can go and return back to restart my 90 days and he gave me a note with the rules/paragraph written in German with his name on it. Now I hear on the above comment you replied to cparthem that it's 90 days in and 90 days out. So how do i make sure? I am currently in Germany and do not want no issues regarding this matter. What can I do??? am i in a mess????
  • edited 7:28AM
    Hi Marty, Yes I think you are in a mess. You can only spend 90 days out of a total of 180 days in any Schengen country. Leaving for one day is not enough. They add up all the days you have been in the Schengen countries over the past 180 days. So be careful. As stated above, some countries are more vigilant than others. Germany is very tough and will count every day you have been there. Apparently Greece is quite tough about the visa's and even though England is not part of Schengen, they will count your days and refuse you entry if you have gone over.
    Google Schengen there are sites that clearly state the Schengen countries and that only 90 days out of every 180 days are allowed to be spent in a Schengen country. You needed to spend 90 days in England (or somewhere outside Schengen countries) before returning to Germany.
    Sorry, no good news from me.
  • edited 7:28AM
    Yes, you may only spend a "maximum of 90 days in a 180-day period" in Germany, Marty. Sorry!
  • edited 7:28AM
    I'm an Aussie in Antibes, France trying to get work on a superyacht. What type of visa do I need? Have been here for 2 months on visa waiver. Luc
  • edited 7:28AM
    I'm a US citizen and have been in Italy traveling and overstayed my 90 days to (three months) to five months - going back to the US and very worried about penalties and being red-marked at the airport. I need to come back in three months but not sure if I will be allowed. Any advise?
  • edited 7:28AM
    Hi Worried, unfortunately, you've landed yourself in a bit of a sticky situation, having overstayed your Schengen visa. These days, stuff like this is taken far more seriously than it used to be, and the chances that you will be punished (in some form or another) are higher than they would have been 10 years ago.

    As far as what the 'punishment' will entail, it's very difficult to tell. Schengen authories are not all as vigilant as the other -- so perhaps you'll get lucky, and get let off the hook. If not, however, expect to pay up to $500 in fines (maybe more), and there is a chance that you won't be allowed back into Italy in three months' time.

    Whatever you do, DO NOT try to get back into Italy until you've spent at least three months outside of the country (this is another Schengen rule). If you do, it might seem like you're trying to 'cheat the system' twice.

    I'm sorry you've found yourself in this situation -- which I'm sure was an honest mistake. I think the best idea would be to get out of Italy ASAP, and act really contrite if the fellas at immigration give you an ear-full about overstaying your visa!
  • edited 7:28AM
    So, if i am hearing this correctly; a visa or a permit to stay( for various reasons) is the only way to be able to stay in Italy for periods longer than 90 days. Is it possible to obtain a visa while in Italy? (before the 90 days is up on the passport)--I have seen several sites that offer these services...are they valid or just a sham? They require that you send your passport through a courier service!!! Sounds iffy---but I am desperate to stay here, any way i can manage it.
    Any advice on quick fixes to a gal with 13 days left on her passport?

    Grazie!
  • edited 7:28AM
    Hi. I am an aussie over 30 and will be travelling extensively to the schengen areas for 2 years or more. If I was to enter Italy and stay for 4 weeks, can I leave Italy to a non-schengen country, say croatia for 4 weeks, then re-enter Italy and have the 90 days re-commence upon my return to Italy??? I hope this makes sense to anyone????!!!!!! PLease help!!!!
  • edited 7:28AM
    I'm intending to leave Denmark after being in Italy and Denmark for 76 days, and arrive in UK for 16 days. Then I hope to travel to Holland for 13 days, completing my 90 days allowed in Shengen. The way I understand the rules, this is okay. Thanks for any confirmation or correction of my thinking!
  • edited 7:28AM
    Hi 'Still Confused'
    I am an Aussie and I have been in Italy since the middle of July and must leave by the middle of October, when my 90 days are up. One can stay for 90 days in any Schengen country, but must leave when the 90 days are up. Basically, it’s a 3 month visit in a 6 month period. I contacted the Australian Embassy regarding the possibility of extending my stay, however, this cannot be done in Italy. I was advised that I would have to return to Australia, and apply at the Italian Embassy for a long term visa. As it is not feasible for me to return to Australian, I will depart Italy when my 90 days are up, then wait for another 3 months before I can return to Italy, or any Schengen country. Without the appropriate visa, it's 90 days in, 90 days out, then 90 days back in, and so forth.
    As far as I am aware the four weeks you will have been in Italy before going to a non-Schengen country, say Croatia, and then returning to Italy will count towards your 90 days, even though your arrival stamp will show a later date.
    In hindsight, I wish I had applied for a long term visa before leaving Australia. However, I didn’t so am now making the most of my spare time by traveling to other European countries that are not a part of the Schengen rule.
    Make sure the border authorities stamp your passport on your arrival in a Schengen country!
    Hope this information helps!
  • edited 7:28AM
    Thanks Tamarind!
    I just have to make sure I get my passport stamped when moving around the schengen countries.
    Thanks again!
  • edited 7:28AM
    Hi Tamarind,
    the Schengen rules allow nationals from specific countries to change their visa after entering while you are still inside the 90 days (at least the German rules tell that). This applies for citizens of the USA, Canada, Australia, New Zealand, Japan and Israel at least. I would check again.
  • edited 7:28AM
    My daughter went to Italy after marrying her husband which is stationed there in the airforce. Her 90 days were up a week ago. My question is what is the concequences she will have to pay when coming home in April? Or if she gets caught before then. Can she go to jail?
  • edited 7:28AM
    If your daughter is married to a member of the US military who is stationed in Italy, she may be able to take advantage of the stationing agreements with Italy that allow spouses of military personnel to stay past the "90 days in 180". Essentially Italy issues them a limited visa called a "Soggiorno" that allows them to stay as long as their sponsor/spouse is stationed in Italy.

    However, it may be that she should have applied for the Soggiorno before the 90 days ran, I don't know. She should talk with her legal assistance office. They may be able to help her get the Soggiorno, or to mitigate any fine for not having applied earlier.
  • edited 7:28AM
    I'm an american in France as a tourist. my 90 days expire at the end of sept. Originally i had hoped to extend my stay until nov. 20th as I have all the documentation they could possibly ask for, but apparently this is impossible. Tentative Plan B is to fly home friday and apply for a long stay visa or work visa (depending on offers after my cv circulates). If I leave Friday, and get a visa to return, do I still have to wait 90 days? Also, what is the (recent) penalty for overstaying a month in France if I have direct flight home? Are they likely to refuse my long stay visa application when trying to come back?
  • edited 7:28AM
    Hi Markus
    Thanks for your message.
    Unfortunately, I was not able to extend my visa. I have since left Italy and will return in 90 days.
  • edited 7:28AM
    hello my name is michael an i am in germany and i have been here for 4weeks and i want to stay hear and work. what shud i do? my girlfriend lives here and is a German Citizin and i want to stay to and find a good job. please help me if u can i really need it! thank you
  • edited 7:28AM
    Hi Michael

    What is your nationality?
  • edited 7:28AM
    Hello, I am in italy at the moment on the Schengen visa. I found family here that is really interested in me becoming a nanny for them. Would I be able to apply for a visa here, and just stay instead of going back to the US and applying there, or is that not possible?
  • edited 7:28AM
    Hello, I am a mother of an 8 year old German citizen, came to visit Germany so she could spend time with her father, but my 90 days that i am allowed to stay in the country are almost over, my questions is, will I get in trouble if i stay longer then 90 days?.
  • edited 7:28AM
    Hello, I am a mother of an 8 year old German citizen, came to visit Germany from USA so she could spend time with her father, but my 90 days that i am allowed to stay in the country are almost over, my questions is, will I get in trouble if i stay longer then 90 days?.
  • edited 7:28AM
    I am planning a 90 day trip within the Schengen zone with my family. We will arrive in Rome from the US. On the 90th day, we are planning to fly from Berlin to London, thus leaving the Schengen zone. We then want to spend 21 days in Great Britain and depart from London back to the US. Thus, we plan to be in the EU for a total of 111 days. Is this okay? Can I enter Britain after my 90 days are over and then come back to the US via Britain without going back to the Schengen zone? Bronwyn said above (April, 2011) that "even though England is not part of Schengen, they will count your days and refuse you entry if you have gone over." I don't understand what that means. Thanks!
  • edited 7:28AM
    Hi! my parents are touring Spain and Portugal this week, they hired a tour agency to arrange everything for their group and somehow my mom's visa is only until Nov 20 while everyone else's is until Dec 20. Their flight was supposed to be from Nov 8 to 23 and so she had to buy a another return ticket on the 20th just so they would allow her to leave! Her return trip is on the 23rd, which means she will be overstaying her visa for three days. Will this pose as a problem at the airport or the immigration? The agency cannot do it from here in Manila and have asked her to approach the polizia or any police station for help but they have been unsuccessful so far.
    The passport was stamped Nov 8, 2011. It said "Good for 30days". The Expiry: 201111 (Nov20, 2011). This is clearly a human typographical error. My mom is anxious and cannot enjoy her tour. Help!!
  • edited 7:28AM
    Markus said, "This [the 90 days out of a total of 180 days rule] applies for citizens of the USA, Canada, Australia, New Zealand, Japan and Israel at least".

    Just to clarify, this rule does NOT apply to New Zealand citizens, who can stay for up to 3 months in EACH of Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary*, Iceland, Italy, Luxembourg, The Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, regardless of time spent in other Schengen countries (*applies to Hungary only if it is the final Schengen destination). But, if travelling to Estonia, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, the normal '90 days out of a total of 180 days' rule applies to New Zealanders. This EU website has more info - www.delaus.ec.europa.eu/newzealand/eu_guide/faqsvisas.htm - as does this NZ Government travel advisory - www.safetravel.govt.nz/destinations/europetips.shtml
  • edited January 2012
    Hello - this discussion is very helpful, thank you.

    I just wanted to clarify (and rereading, i think this is the same question from someone three messages or so up): I am a US citizen, and will be travelling in Europe for 4 months. If I go into a Schengen visa area, the 90 day clock starts, and if I go the UK, the clock; get suspended? So if I spend a month of periodic visits in the UK and Ireland, I should be able to also visit the continent for 90 days?

    Thanks in advance!
  • edited 7:28AM
    Hello, I am an American living in Slovenia with my fiance. He has a work visa with his hockey team, and it was understood that they would get me one, but they didn't. They already booked my flight back for April 10th. Here are my details. I visited August 1-8 then spent 84 days back in the US, then came back November 1. So, my 180 day period started August 1 and will end January 27, and my current 90 days (including the 8 from August) will end January 21. Do the 180 day periods turn over after another? If I spend 6 days out of the Schengen area, am I allowed to come back for another 90? My flight path home is Venice > Paris > Minneapolis. Thank you so much for the response!
  • edited 7:28AM
    I arrived in Germany on August 22nd, 2011 and stayed there until January 10th, 2012 (just earlier this week). Clearly, I had overstayed my visa and was in the process of trying to arrange for a student visa in Germany while I was there, but unfortunately I had to come back to the US before I could get this done because of a death in my family. I was terrified that I would be stopped on the way back (I flew from Berlin to Amsterdam to NYC), however I had literally no problems along the way. I am currently renting a flat in Berlin and am getting ready to apply for school there and really need to return ASAP. I was hoping that I could figure out the logistics of all of this here where I live at the German Embassy (I live right outside of Washington, DC), however I decided to call before I headed over there and the woman I spoke with insisted that there was nothing they could do for me here in the States and that I would need to get in touch with the Immigration Office in Berlin (which is really not in the realm of possibility for me if I wish to return soon). So... this is what I am currently confronted with: I have a return ticket to Berlin for this coming Monday, January 23rd, 2012. A friend of mine who was in a similar situation seems to think that if I was not stopped or confronted on the way back about overstaying that I should have no problem getting back. Beyond the fact that I was not caught on the way back to the US for overstaying, I am concerned about the idea that one is only allowed to be in the Schengen Zone for up to 90 days out of every 180 days. Another friend of mine somehow circumvented this issue when she reentered Germany after having been there for about 3 months and then traveling to Istanbul and was then able to secure for herself a long-term visa when she registered for school in Berlin. What do you think? Do you think I will be allowed back into Europe if I am coming through Amsterdam? I look forward to hearing all of your thoughts. Thanks in advance and happy travels to everyone! :)
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