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I'm a citizen of a third world country with long-term residence in EU country (Czech Republic). I'm currently spending some time in Norway, where I'm allowed to stay up to 90 days withing 180 days. But when I was buying return ticket I seem to have made a mistake in my calculations and I'm flying back on 97th day.

What are the chances of getting caught? Should I ditch the return ticket and buy an earlier one? (Do airlines pass flight information to local authorities, who follow every persons' ins and outs?)

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  • How far away from the Swedish border are you?
    – Alexander
    Apr 28, 2015 at 9:05
  • Yes, I am, too, thinking about going to Sweden by bus and flying from there. :) Apr 28, 2015 at 9:08
  • @Alexander and lewildintegral How would that make a difference?
    – Relaxed
    Apr 28, 2015 at 9:10
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    The rule is 90 days in a 180-day period in the Schengen area but out of the Czech Republic, not 90 days in Norway or 90 days per country.
    – Relaxed
    Apr 28, 2015 at 9:11
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    @downhand I am pretty sure, yes. My reference would be article 5(1) and 5(1)(b) of the Schengen Borders Code. What other basis is there for either the right to be in another Schengen country at all or a 90-day limitation?
    – Relaxed
    Apr 28, 2015 at 9:17

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No, airlines don't generally pass this information to the authorities. Some countries might still have more specific records but there is no general framework or legal basis to track people's movements within the Schengen area. It does however happen in other situations, including for flights in and out of the Schengen area.

Very often, for internal Schengen flights, you don't have to provide anything else than your full name (i.e. no passport number, date of birth, etc.) which is not enough to uniquely identify you. A number of cross-border roads are also fully open. All this means the chances of getting caught are generally pretty low.

However, the lack of stamps or systematic controls does not mean it's absolutely impossible to be found out. Border checks do still occasionally take place and if all you have is a return ticket with 97 days between the two legs, there is a strong presumption that you overstayed, which could be enough to prompt further investigations.

Also, you mentioned in a comment that you regularly go to Norway. What you are doing there is none of my business but note that many people residing illegally in a country do get caught, not at the border or by a fancy database, but during some old-school police raid/inspection of their workplace. That's not relevant if you do not work but it's just one example of the way the rule is intended to work and how people get found out.

I know absolutely nothing about Norwegian procedural rules in this area but if it comes to it, entry/exit records are not the only type of evidence that could be used against you (think shopping receipts, student registration, phone contract…). If the presumption is strong enough it might even be up to you to prove you haven't stayed too long in the country by producing evidence of your travels or presence abroad (that's certainly how it works for short-stay visa holders who miss a stamp).

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  • When I fly, they always ask me for my passport and my residence card, which contain all mentioned data. Which is more than enough in case they store it somewhere. Apr 28, 2015 at 9:07
  • @lewildintegral It depends, flying where? With which airline?
    – Relaxed
    Apr 28, 2015 at 9:09
  • Wizzair. I've been flying back and forth between Norway and Czech Republic over the last few months. Apr 28, 2015 at 9:11
  • @lewildintegral Some airlines do, some airlines don't. I don't have any details about Wizzair and/or the Czech Republic, I just know there is no Schengen-wide system like that.
    – Relaxed
    Apr 28, 2015 at 9:14

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