If you’re visiting Italy from a non-EU country, your time here is limited, unless you have a long-stay visa. But what happens to people who overstay and how strictly are the rules enforced?
What is the ‘90-day’ rule?
The so-called ‘90-day’ rule states that non-EU, non-EEA nationals who benefit from visa-free travel to the Schengen area can stay for up to 90 days within any 180 days.
If they wish to stay longer than this, they need to apply for a long-term visa.
The rule applies to individuals who enjoy visa-free travel to the Schengen area, including American, Canadian, Australian, New Zealand and, from January 2021, British citizens.
Other non-EU nationals, including Indian, Chinese and Russian citizens, must apply for a visa for any visit to a Schengen country, even a short holiday.
The Schengen area encompasses 29 countries:
Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
Remember: the 90-day period can be in the form of one long stay or several short stays.
It also should be noted that the rule applies to all Schengen-area countries. This means that the time you spend in any of those countries is counted towards your 90 days.
For example, if you spend 30 days in Germany, then 30 days in France, and 30 days in Italy, you’ll have ‘used up’ your 90 days in the Schengen area.
Citizens of EU/Schengen-area countries benefit from freedom of movement across the Schengen area, meaning that they’re not constrained by the 90-day rule.
If you are a non-EU/non-EEA national and you are resident in an EU country with a residency permit, the 90-day rule does not apply to your country of residence.
It does, however, apply once you travel to another Schengen country.
What consequences are there for overstayers?
If you spend more than 90 days in the Schengen area without a valid visa or residency permit, then you have officially overstayed.
Unlike the pre-EU days when passport control consisted of a man in a booth with a rubber stamp, modern technology means that passports are scanned on both entry to and exit from the Schengen area, making it easy to spot people who have overstayed their welcome.
The EU’s border control system is set to become even more stringent when the EES scheme comes into effect. You can find full details on that HERE.
READ ALSO: How you can prepare for travel under Europe’s new EES and ETIAS rules
The EU lists a range of possible penalties for overstayers, though enforcement is known to be stricter in some countries than it is in others.
Under the system, anyone who overstays can be subject to the following penalties:
Deportation – If you are found to have overstayed, Schengen countries are within their rights to deport you, or give you a certain number of days to leave.
In practice though, deportation is rare for people who aren’t working or claiming benefits.
These individuals are more likely to be officially notified of their situation and ordered to leave as soon as possible.
Fines – Fines can be levied in addition to other penalties and vary by country.
In Italy, those found to have overstayed their visa as a result of border checks conducted while they are leaving the country of their own accord are not subject to any fine, but those caught overstaying their visa on Italian soil face both an expulsion order and a fine ranging from €5,000 to €10,000.
Entry ban – Schengen-area countries can impose a complete ban on re-entry for up to five years.
A complete ban is usually imposed on people who have overstayed for a significant amount of time.
Difficulties returning to the Schengen area – Even if you avoid all of the above penalties, the overstay alert on your passport will make it difficult for you to return to any Schengen-area country, not just the one you overstayed in.
People who have this alert on their passport are likely to face extended checks at the border and may even be turned back.
They are also likely to encounter difficulties if they later apply for a visa and residency permit.
People who stay in an EU country without securing residency are considered undocumented immigrants and don’t have access to healthcare (barring emergency treatment) or social security provisions.
If caught, they face deportation.
Prison sentences – In extremely rare cases, people who overstay their visas can face up to a year in prison.
However, aggravating factors like working for several months or committing a criminal offence while in the country would likely be involved.
READ ALSO: EXPLAINED: How to apply for an elective residency visa to move to Italy
How does Italy enforce these rules?
Though the above sanctions are Schengen-wide, each member state has the autonomy to enforce them at their own discretion.
Italy has a reputation for being among the least strict member nations, and deportations are rare for people who are not working or claiming benefits, unless they have been in Italy for several months or years.
If it’s a question of simply overstaying by a few weeks, it’s very unlikely that police will issue a deportation order.
However, that doesn’t mean your overstay will have no consequences. What’s likely to happen is that you will be caught next time you leave Italy.
Passports are scanned on entry, which means that border officials can see how long you’ve been in the country. If you’ve exceeded the 90-day limit, you’re likely to be flagged as an overstayer when you exit the Schengen area.
While in Italy this shouldn’t lead to a fine, there’s a possibility you may be banned from re-entering the country for up to five years.
And even if you avoid a re-entry ban, your passport is likely to be flagged for overstaying, which can lead to complications for further travel anywhere within the Schengen area.
How can I avoid overstaying my 90 days in Italy?
One of the best ways to avoid an accidental overstay is to fully familiarise yourself with the Schengen rules.
It’s worth remembering, for example, that the date you arrive counts as the first day of your stay, even if your flight lands just before midnight.
The same goes for the date you leave: anytime after midnight counts as the next day, even if it’s in the early hours of the morning.
If you’re planning to make multiple shorter trips in any 180-day period, you can use this handy calculator to work out how many more days you are allowed to stay.
Keep in mind that the 90-day rule applies to all Schengen-area countries. This means that the time you spend in any of those countries is counted towards your 90 days.
Camellia Pingree
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