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Let's say I arrived on August 25th 2017 in Austria and filed for my residency thing that everyone has to do. Since my work was not able to get me a proper work visa, I was paid but I never got an e-card, they just got me private insurance. On my 89th day I filed with the residency people that I was leaving, but I never left. I left the Schengen area 3x, twice after my 90 days expired (to Romania), and had no issue. I am planning on going home in April. Question 1: Will I be banned from returning? for how long? Question 2: I have always wanted to see Morocco and want to do a trip there before leaving. Is this advisable seeing as I already entered/reentered? Thanks!

closed as off-topic by JonathanReez Jun 14 '18 at 5:29

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To summarize, you

  • entered Austria the first time illegally (the visa-free possibilites from US to Schengen are limited to certain reasons, getting hired is not one of them).
  • Worked illegally (illegal because no permit)
  • Worked illegally (illegal because no insurance)
  • Worked illegally (illegal because no taxes)

...

While I can't predict the future, a ban is certainly possible, as are formalized tax debts, fines, and legal actions against your employer.

No, I can't recommend you to rely on being able to enter again.

  • Romania certainly counts as leaving the Schengen area for the purpose of the 90/180 calculation, and indeed for pretty much any purpose. – phoog Feb 26 '18 at 16:27
  • @phoog Maybe you're right - recherching the current status more carefully, I'm not so sure anymore about the 90 days. (Sadly the position changes frequently now, and partially the countries have no consent themselves what the current status is) – deviantfan Feb 26 '18 at 17:00
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    It’s not clear from the original question if the asker actually work or only intended to work after obtaining the proper paperwork. Furthermore I would need to see a source to support the claim that US passport holders can not enter the Schengen zone visa free to be hired. Germany for instance allows US passport holder to enter visa free and then obtain a work permit after arrival. – Jacob Horbulyk Feb 26 '18 at 18:18
  • @JacobHorbulyk On your latter point, I believe you are correct. Some countries do seem to separate the visa (permission to be in the country) entirely from permission to work, so those working for fewer than 90 days in a 180-day period can use a normal Schengen visa (or visa-free entry if they are eligible). I believe France is like this. Others may require a national visa even for short periods of work, but I don't know any off the top of my head. The Schengen codes do not say much about allowable purposes for short-stay visitors, so it may be left to national law. – phoog Feb 26 '18 at 18:31
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    @JacobHorbulyk OP says "I was paid." I assume he worked for the payment. – mkennedy Feb 27 '18 at 0:15

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