If a person hypothetically had duel citizenship and two passports with two different last names on those passports, could they enter the Schengen area, leave before the 90 days is up, then come back into the area with the different passport that has the different name for a renewed 90 days?


It depends what you mean by “could”. It is not allowed; If you read the relevant regulations, the entry refusal form, etc. candidly the maximum duration of authorized stay clearly applies to a person and I consider it obvious that border guards (and, if needed, the courts) would interpret it in that way.

But, as of writing this, there is no Schengen-wide database of entries and exits so no easy way for a border guard to notice the person was previously in the Schengen area during a routine interview/database lookup so even with the same last name you might get away with it. Even another passport from the same country could be enough.

However, there are many other ways to get caught: if you are staying/living in one place and the local police notices, if someone turns you in, etc.

Beyond that, since that person would be staying illegally anyway, I am not sure it makes sense to say that they are coming for “a renewed 90 days”. They are simply evading detection at the border but since they are illegally present from day one, any notion of “maximum duration of authorized stay” becomes moot.

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  • The idea that someone can be considered staying illegally in the country from the moment he or she is granted admission does not sit well with me - assuming they did not directly lie or present fake document, of course. What if I present a passport from a country not eligible for visa-free travel and immigration officer (mistakenly) admits me to the country and stamps my passport? Does border control mistake make me illegal? – Evgeny Feb 11 '16 at 8:35
  • @EugeneXa No, it's your entering without a visa that's illegal. The thing is that border guards do not have the power to rewrite the law and a mistake on their part does not necessarily exempt you from knowing and following all applicable laws. But the question was not about a mistake from the border guards, it's about hiding some info and getting away with it because enforcement is not completely fool-proof. If you want an analogy, consider this: Is the fact that a shop has no CCTV and no alarm system make it legal to steal something? Would a mistake by the shop's security guard? – Relaxed Feb 11 '16 at 19:07
  • Note that there are countries where border guards officially grant a certain “duration of stay” upon entry. Not so in the Schengen area, the allowed duration of stay is entirely defined by the rules and/or the visa. In principle, border guards only check/enforce the rules, nothing else. – Relaxed Feb 11 '16 at 19:11
  • hiding is not lying. People are not required to volunteer negative information about themselves when they are not asked. No one ever said "Purpose of my stay is tourism. And by the way, I have criminal conviction in my country, no job, very little money and no return ticket" – Evgeny Feb 12 '16 at 22:57
  • @EugeneXa That's somewhat debatable in any case but you're confused about the nature of the situation. You still want to draw a parallel with negative information that could result in being denied entry but it's not what this answer is about. There is no decision on the part of the border guards either way, a person is not allowed to stay longer than 90 days under short stay rules, period. – Relaxed Feb 16 '16 at 20:26

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