EU 90-180 rule and overstay [duplicate]

I got stuck in Italy during Covid-19. I entered from the usa Feb 20th and left July 26.My question is what date can I return and for how long. I'm on an American passport. Obviously the 90 days is up Oct 26th but what confuses me is the 180 day rule. Thats why I asked "what date can I return". Must I wait 180 days out of Italy ? Im not really considering the pandemic rules in my travel because I can't go until Nov 1 anyway…

90-180-visa-rules

Best Answer

Your situation is actually straightforward. You need to stay out of the Schengen area for 90 full days, after which you may stay for another 90 days, at least as far as this rule is concerned. So on October 25 (not 26), you could be admitted for a 90-day stay (if you are admitted at all, obviously). The rule is stated in a somewhat confusing way to counter an earlier interpretation from the EU court of justice and deal with some corner cases but that doesn't make a difference in simple cases like yours.

Note that the 90/180 day limit is not the only restriction on visits to the Schengen area. Among other things, border guards are also supposed to evaluate the purpose of your trip and your ability and willingness to leave the Schengen area in case. An earlier overstay could in theory raise questions about that, although the Covid-19 situation should work in your favor in this case.

In other words, the overstay doesn't change anything to the application of the 90/180 maximum stay rule but could be an issue in itself.

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What happens if you overstay your 90 days in Europe?

The Schengen law states that you can't stay in the Area for more than 90 days. If you do, you're subject to a fine and possibly deportation and being banned from re-entering the Schengen Area.

Can you stay in Europe for more than 3 months after Brexit?

The 90-Day Limit Once you are allowed to enter the Schengen Area \u2014 with just your passport or with a short-term visa \u2014 you are ONLY permitted to stay for 3 months (90 days) in any 6 month period (180 days).

What happens if I overstay my 90 day visa?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

What happens if I spend more than 90 days in France?

If, as our reader asked, you spend a full block of 90 days in France, then you will not be able to return until 180 days after the first day of your last trip to France. This is the equivalent to 90 days after the last day of your trip.

STAY IN EUROPE FOR MORE THAN 90 DAYS… JUST DO THIS! Schengen area and the 90 day rule for Van Life.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Ann H, Charles Parker, Anete Lusina, Wikimedia Commons