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I am in Italy for a short-term master programme. I am Albanian and we have the three-month Schengen visa available. However, my programme is 3 months and a half. I got my student visa (not Schengen) but the issue is that the embassy put 28/06, exactly the last day of school when I still have mandatory attendance. I wanted to return on 30/06.

Will there be any issues at the border? Can I get a fine for overstaying for two days or will my Schengen days start normally after the end of my visa?

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  • Isn't the date the embassy put the last date of entry? Apr 21 at 16:24

1 Answer 1

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I am of Albanian nationality and we have the three month schengen visa available.

Albanian citizens do not require a Schengen visa.

I wanted to return on 30/06. Will there be any issues in the border? Can I get a fine for overstaying for two days or will my schengen days start normally after the end of my visa?

The 90 Schengen days count will start on the day after the national visa ends. The Schengen Border Code, however, does not (yet) explicitly state this.

See this answer which contains the proposed changes:

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  • Does "... does not (yet) explicitly state this" mean "it is already like that, they just haven't updated the documentation yet" or, potentially much more dangerous, "it WILL be like that at some point, but right now it is NOT YET like that. So if you try to rely on it, you will be doing something illegal and get into trouble."?
    – Syndic
    Apr 22 at 7:31
  • @Syndic from my reading of the wording it is clearly the first option. This is because the two sentences are separately full sentences. The second sentence then only explains why this information is not more widely known / on google.
    – Hobbamok
    Apr 22 at 9:37
  • @Syndic bonus: The answer also links to a 2018 question where exactly this change (back then only a hypothetical) is being discussed. Googling 2017/2225 (the law id) yield this page stating the change is in effec: eur-lex.europa.eu/legal-content/de/ALL/?uri=CELEX%3A32017R2225
    – Hobbamok
    Apr 22 at 9:38
  • @Syndic Based on media reports the Entry/Exit System (EES) will start in October 2024. The proposed changes to the Schengen Border Code Article 12 (3) (Presumption as regards fulfilment of conditions of duration of short stay) is part of that package. Since the OP is eligible for a short stay without a visa, it is not illegal. Apr 22 at 9:50

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