Overstaying Schengen Visa New Rules

Travel in 2024 will get more strict when it comes to entry and exit from the EU. Borders are getting stronger, and so is technology to identify Schengen Zone overstays on your Schengen visa.

One of my most popular posts is breaking down how the 90 days in 180 day rule works when visiting the Schengen Zone in Europe. Many people come to Europe for tourism, relationships, family, work, and the list goes on – but what my blog recognizes is that the Schengen Zone system has many loop holes and misunderstandings. The EU Council is looking to patch those holes like a pair of old jeans. Here is what to expect:

What is the Entry/Exit System (EES)?

This is what you see when you go through border control coming in/out of Europe. Many times there is border police checking your passports, other times it is electronic biometric checks where you scan your passport yourself and have your picture taken. The EES system calculates how long you can stay within the EU, based on your rights of residency or your 90-day allowance, and also checks whether your passport has ever been flagged for immigration issues (such as overstaying a visa.)

So what changes in 2024 for Schengen Visas?

If you’ve read any of my previous posts and comments about Schengen loopholes, you would know that the checking of passport stamps was not very uniform and some people would get caught at borders overstaying, and some would not. So, in 2024, it all becomes more hi-tech and streamlined. The European Commission’s stated aim is security, making it easier to spot security risks at the border. Here’s how:

For non-EU nationals who have residency in an EU country: The end of inconsistent passport stamping.

For visitors to the EU :this tightens up application of the 90-day in 180 day rule. It doesn’t change the rule itself, but means that anyone attempting to over-stay or ‘play’ the system will instantly be spotted. 

ETIAS – European Travel Information and Authorization System

This is only for non-EU travelers who don’t have a residency permit (so it applies to tourists, second-home owners, those on family visits or doing short-term work)

Since as long as we can remember (more or less after WW2), citizens of many non-EU countries including the UK, the USA, Canada, Australia and New Zealand can spend up to 90 days in every 180 in the EU or Schengen zone without applying for a visa – the so-called ’90 day rule’. Well…..not anymore, at least for free. Now all these “no-visa” citizens coming into Europe must fill out an application that costs around 7 euro ($10), and it’s valid for 3 years. If you think that sounds annoying, all Europeans already have to do this to enter America, so it looks more like payback to me! They say that the visa will be approved within minutes, or 72 hours – so chances are this is more of a financial means with the added bonus of better security.

What this means if you overstay

Ok so maybe you didn’t realize there was a 90/180 day rule, and that’s why you’re here. Or maybe you overstayed your visa on purpose, or got confused on the days of how long you were allowed to stay. From the end of 2022, you will 99.9% be caught when you exit with this new system if you overstayed your welcome (instead of the 20% chance you will be caught without the new system).

I will further write on this topic as it develops, but please write your questions or comments below!