How do Schengen countries know if someone has overstayed internally?

How do Schengen countries know if someone has overstayed internally? - Top view of different types and colors American dollars placed together on each other

How does the EU countries know if someone has overstayed when they do not enter/exit the external border/airport?

For example, if you travel by plane, you'll get stamped on your passport and maybe you will get register for your traveling in the Schegen information system (SIS).

However, if you travel by bus or train, I don't think you will get travelling register.

So how do they know if you overstayed?

Edit: I mean for a person to traveling within the Schengen Area to another country other than the country that they have a residence permit

Because a friend of mine (he was an EU resident) travel to another EU country by bus. And he said the Police just look at his residence permit and not taking note/stampped/register anything at all

Because EU resident are allowed to stay 90 days visa free within the Schegen area. So when they overstayed those 90 days, I'm curious how will the gornverment know?



Best Answer

Enforcing this very strictly is not a priority. There are ways to know (asking neighbours, looking at financial transactions, rent agreements, local police noticing your car a lot, etc.) but I don't think they are used a lot. In some countries, hotels and other commercial accommodation providers also have to check their guests ID but that's not the case everywhere and I suspect those data are not used systematically either.

The main point of the rule is what it doesn't do: you don't have the right to live in another Schengen country, take up employment or avail yourself of public help. In that context, the 90-day threshold is just a pragmatic definition of where visits ends and residence starts, which happens to track the limit between Schengen short-stay visas and national long-stay visas.

Note that entries and exits from the entire Schengen area are not recorded in the SIS either (there is another system for that, which hasn't come online yet). That's what stamps are for but that too isn't enforced very strictly. We are getting used to the notion that states should use computer systems to check each and every traveller's comings and goings and that staying 91 days is a very serious offense but it isn't how immigration law worked until the 90s and simply isn't how most laws work even today. You don't need enforcement to be systematic and automated for a rule to have real effects or be useful.

On the other hand, if you attract negative attention to yourself or you're found working (illegally) on a construction site or in a restaurant, all these rules make it easier to remove you. That's how many immigration violations come to the attention of the authorities in the first place and was until relatively recently the only enforcement priority in many countries.




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What happens if you overstay your visa in Schengen?

A third-country national who stays for more than 90 days in the Schengen area (without a residence permit or a long-stay visa) is overstaying and is therefore in an irregular situation. This can lead to a criminal prosecution and a to an entry ban to the Schengen area.

Do Schengen countries share immigration information?

All Schengen countries share visa information through VIS. Denmark has also chosen to implement VIS. The central VIS system is linked to national systems, allowing Schengen states to exchange data. Sharing information regarding application decisions is particularly useful for preventing 'visa shopping'.

How are Schengen visas checked?

At the Schengen Area's external borders, the visa holder's finger scans may be compared against those held in the database. A mismatch does not mean that entry will automatically be refused - it will merely lead to further checks on the traveller's identity.

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.




More answers regarding how do Schengen countries know if someone has overstayed internally?

Answer 2

Within the Schengen area, they usually don't know. That's the price to pay for having low-friction travel over the internal borders.

  • Any attempt to work illegally could come to the attention of the fiscal authorities.
  • Similar for formal education.
  • The lack of a presence in the country where they are supposed to be could cause problems, e.g. for a job or student visa.

That leaves the option to get a weekend cottage and to stay there all the time. The Schengen countries are willing to take that risk.

Answer 3

Schengen doesn't register entries/exits electronically - SIS certainly has nothing to do with that.

It is through entry/exit stamps that overstays can be detected, though not all border agents are scrupulous about checking them.

When travelling within the Schengen Area, no stamps are issued, so there is indeed no easy way to check if the 90-day rule for residence permit holders has been respected or not.

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