What are the consequences of a US citizen overstaying a Schengen visa?

Question

According to law, what are the consequences of a US citizen overstaying a Schengen visa?

In practice, how likely is one to be penalized for overstaying by a day, 10 days, and a month?

Are there countries that are more likely to enforce the rules on departure?

Answer 1

Where you're from is likely irrelevant. Overstaying is overstaying, you're not going to get treated more harshly or kindly because of who your president/king/prime minister is.

There's a great piece "Overstaying Schengen visa" that is relevant to this.

Consequences of overstaying

This could result in a:

• no consequence - if you're lucky, and this will depend greatly on who you deal with and what mood they're in.
• fine - the smallest and easiest problem - although it can be expensive, it's solvable with money. Have heard of 700 Euro fines for being 20 days over.
• record - they may put something on your personal record for the Schengen countries, making it hard to get a visa in future.
• ban on entry - you may be banned for 1-3 years (usual length of time).
• deportation - very bad to have on your record, can affect all other travel to non-Schengen countries as well.

In terms of some countries being more strict, if you are 'banned', you're more likely to get back in by applying to one of the countries only recently admitted to the area. They're allegedly more likely to approve (presumably either lack of records, or for touristic purposes).

If you're then denied further re-entry, you can at best try to appeal for a visa - say for example, on grounds of compassion. For more information, read about the Schengen visa appeal process.

Answer 2

There is actually no set law to answer any of these questions besides that you get 90 nonconsecutive days in Schengen as an American. If you are thinking to leave to Turkey for 4 days when your counter hits 86 days in Schengen, expecting to clear your stays (like many people assume), and you come back to Schengen, the counter starts right back up from 86 days. You have to be out of Schengen for 3 months in an 180 day period before you are cleared of your 90 days in.

As for being penalized: You can get the full 1200 euro fine for overstaying by one day. It depends on the officer, the country, what you look like, how you act...hence me saying just play dumb and oblivious in my previous comment.

However, if you want to hear of countries that could be more relaxed on this subject, this would not be a 'legal' answer, because those with the knowledge of that, have already done an 'illegal' thing by overstaying. And I guess I cannot give these answers according to experience on stack exchange!

Good luck!

Answer 3

You won't get caught. I overstayed my Schengen visa for like 6 months each year for 4 years. I am alive and kicking and now I have a permanent working visa in a Scandinavian country. It is all about confidence and knowing the rules, and then playing dumb if you get yourself in a sticky situation.

You hold the blue passport, which makes you a VIP man. Sorry if that sounds bratty. I wrote a whole post how to escape the Schengen Zone once you have overstayed it. Check it out if you want ideas! http://youmeeveryoneinbetween.blogspot.se/2009/02/schengen-treaty-and-overstaying-visas.html