Visitors to Europe who are not citizens of a European Union country or Schengen Area member state either currently require (or soon will) a Schengen Visa or ETIAS to enter or transit through the greater European area. Citizens of EU or Schengen countries are not required to possess a Schengen Visa when travelling in either jurisdiction nor will they be required to have an ETIAS, which is currently being introduced.
The Schengen Area comprises 27 countries (23 of which are also members of the European Union), and a Schengen Visa is a mandatory requirement for visitors from all countries who do not enjoy visa-free access to Europe. There are different types of Schengen Visa, each issued for a specific purpose, but all are valid for between one and five years.
The new Electronic Travel Information and Authorisation System (ETIAS) will become mandatory for citizens of countries that currently enjoy a reciprocal visa-exemption policy with the European Union. This will include the United States and Canada as well as Australia, New Zealand, Japan, South Africa and the United Kingdom and the new system is expected to be fully operational by late 2024.
Although a Schengen Visa and ETIAS cover the same reasons for travel, there is a difference:
ETIAS is for non-Europeans who currently require no visa or other form of approval to enter the European Union.
Schengen Visas are for citizens of countries who require a visa to enter any of the Schengen member states
The application process for an ETIAS or Schengen Visa is completely different but a common facet of both are the penalties imposed for overstaying the permitted time limit.
Strict Time Limits
The most common reasons for issuing a Schengen Visa or an ETIAS are short-term visits to Europe. The vast majority of applicants wish to visit Europe for a short vacation or to visit family or friends. The third most common reason is to attend business meetings and this is closely followed by students wishing to partake in a short study course.
There is a different type of Schengen Visa for each of these purposes (and more), while an ETIAS will cover all of these intentions. A Schengen Visa can be issued for a period of between one and five years, but an ETIAS is only valid for a maximum of three years.
During the period of validity, the holder may enter and exit the EU or Schengen Zone (depending on which is held) on multiple occasions but there is one important stipulation that applies to both. The maximum period that can be spent within the EU or Schengen Zone cannot exceed 90 days in a 180-day period. The 90 days can be used in one block (which is ideal for students attending a short college course) or broken down into a number of smaller visits.
The total number of days spent within the EU or Schengen Area must not exceed the allocated total of 90 within the 180-day limit. This is called the 90/180 rule and applies to both ETIAS and Schengen Visas. Once the 90 days have been used up, the holder must leave the area in question and cannot re-enter until the 180-day deadline has passed. At this point, the process restarts and the ETIAS or Schengen Visa holder is free to return while the Schengen Visa or ETIAS is still valid.
The 90 days allocated are sufficient for most purposes and the majority of travellers happily abide by the rules. However, some are tempted to push the envelope and remain a little longer than is permitted. While the traveller may not see overstaying the permitted time by a few days as a big deal, this view is not shared by either the Schengen Visa or ETIAS supervisory authorities.
Whether overstaying an ETIAS or Schengen Visa, the transgression will be spotted almost immediately as both systems are highly automated and closely monitored. There are different rules governing ETIAS and Schengen Visas and the punishment for staying beyond the allotted number of days can vary from fines to deportation but one thing is for sure: there will be a punishment.
Overstaying a Schengen Visa
Remaining in the Schengen Area beyond the permitted time, whether intentional or not, is a serious matter and one not taken lightly by the authorities. Even the most minor of infractions will be recorded and some form of punishment will ensue.
Regardless of the type of visa held, the authorities regard breaches of the applicable rules as an offence and there are several punitive measures that may be taken:
- A monetary fine
- Deportation
- Ban from the Schengen Area
Even first-time offenders, or those who have made a genuine error, cannot expect to break the rules and get away without paying a price. A fine is usually the most common punishment, and the amount will vary depending on the country and the length of time involved. A deportation is not just unpleasant but can also impact future applications, not just for a Schengen Visa but any type of travel authorisation for any country. A ban will, of course, mean that the offender will not be able to enter any of the Schengen countries for a fixed amount of time, which could be as long as three years or more.
Overstaying an ETIAS
The 90/180 regulation applies to ETIAS in precisely the same way as it does to a Schengen Visa. ETIAS is being introduced by the European Commission primarily to strengthen security and any arriving travellers have been thoroughly checked during the application process before the ETIAS was granted. In theory, this should mean that non-Europeans travelling with an ETIAS are deemed to pose no security threat to Europe but this does not mean that their movements are not followed and monitored.
Overstaying an ETIAS may not be top of the ETIAS authorities areas of concern but, as with a Schengen Visa, any breaches of the time limit will be recorded and punished. Although a visa and an ETIAS are entirely separate entities the punishments imposed on those breaking the time regulations are very similar in nature.
Overstaying an ETIAS can result in:
- Fines
- Arrest and deportation
- Difficulty in securing an ETIAS in the future
A prison sentence, though rare, is also a possibility but this will depend on what the ETIAS holder has been doing and whether these activities break other ETIAS rules. This could be anything from taking up employment (which is not permitted with an ETIAS), partaking in illegal, criminal or terrorist activity or attempting to remain within the EU illegally.
Follow the Rules
For most visitors the issue of overstaying a Schengen Visa or ETIAS will not arise but it can happen to even the most cautious traveller if care and attention is not paid for longer stays or when travelling from one country to another.
Among the most common errors made are:
- Not counting every country visited. Every consecutive day spent in a Schengen or EU country as every country visited in one trip will count as part of the permitted 90 day limit.
- Disregarding hours and minutes. Even overstaying the 90 day limit by a few hours (even minutes) counts as one day.
- Days or months. Visitors often make the false assumption that 90 days is the same as three months or that 180 days constitutes six months. This is seldom the case and days should be counted individually and never presumed that a month is precisely thirty days.
Carefully adding up the total number of days to be spent within either the European Union or Schengen Zone will avoid the pitfall of inadvertently exceeding the permitted time limit.
Valid Excuses for Overstaying
As a general principle, any breach of Schengen Visa or ETIAS rules and regulations will result in a penalty or punishment of some nature. However, there are occasions when overstaying the time limit cannot be avoided and there are valid reasons for the delay in leaving the jurisdiction.
Some obvious reasons might be:
- Inability to travel due to a pre-existing medical condition or physical disability
- Onset of sudden illness
- Medical emergency
- Hospitalisation
- Involvement in legal proceedings
In some cases, there is no warning that travel will be impossible on the scheduled date, and this will be accepted by the authorities with punitive action unlikely to be taken. If, however, it is known beforehand that the departure date will be missed the authorities should be informed immediately and an application made for a possible extension to the ETIAS or Schengen Visa due to mitigating factors.
