Overstayed in Schengen area, came back without issues and have to enter again
I am an Asian research student in UK. I took part in a European project so that I have to attend some short courses and do experiment in Schengen countries for a short period. I spent 2 months in Schengen area using a tourist visa from mid-April to mid of June and my visa was expired in August. I flew back to UK to apply for a new tourist visa then I got a new 2-year visa from August. After that, I went back again to continue my work in Schengen countries and spent another 2 months there. Note that. When I entered again, the border asked me how long I will stay and I said two months (As I thought that the new visa has resetted the 90/180). Then he allowed me to get in without any concerns (He should have been noticed that I will stay more than 90days within the last 180days).
When I finished my work, I came back to UK without any issues. And I just knew about 90/180 from my friend that there is not rule of resetting 90/180. According to the 90/180, I spent more than 90days within the last 180 days. So I'm a little confused that why I did not get a penalty when I passed the border or the new visa can reset the 90/180? Which one is true?
And now it has been 6 months already that I have not entered the Schengen area. What do you think if I enter the Schengen area again as I will have to visit some many strict countries (e.g. Germany, Switzerland etc.) for a meeting in the near future. Who should I contact about my situation? I’m happy to pay the penalty fee before entering the Schengen zone to make sure that I will have no problem to pass the border or with any black stamp on my passport.
Thank you very much in advance
Best Answer
The issue of a new type C visa does not reset the 90/180 rule. Assuming your visa is a type C visa, you should not have been admitted for two months. You were lucky: nobody noticed.
The Schengen area does not yet have a system-wide database recording entries and exits. They are working on one, but at the moment it exists only as legislation. For the time being, the 90/180 rule is enforced by examining passport stamps. This is probably why your overstay was not caught: at the end of the second visit, the officer probably looked for the entry stamp, saw that it was less than 3 months prior, and stamped you out without paying attention to the other stamps in your passport.
After you have been outside the Schengen area for at least 90 days, however, the 90/180 rule is effectively reset, so you should have no problem going back now.
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Can I leave the Schengen zone and come back?
If you leave the Schengen Zone, your time doesn't reset so it is really important that you keep track of how long you're in the Schengen Zone. If you're in the Schengen Zone for 90 days consecutively, you must leave after 90 days and can't return for another 90 days!What happens if I overstay in Schengen Area?
You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area.How long do you have to leave the Schengen zone before returning?
Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.Can I leave the country if I overstayed?
Visas allow travelers to stay in another country for a certain period of time before they must leave. Those who overstay their visa and remain in the country will usually face consequences and possibly prosecution by local immigration authorities.Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED
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