What happens if you overstay your 90-day limit in France?
If you're visiting France from a non-EU country your time here is limited, unless you have a visa - but what happens to people who overstay and how strictly are the rules really enforced?
The 90-day rule has long applied to non-EU nationals like Americans, Canadians and Australians and since Brexit is also applies to Brits.
However it's not always clear what happens to people who overstay, and whether the rules are being strictly enforced on the ground.
What is the rule?
Certain non-EU nationals, including Brits, can stay for 90 days out of every 180 in the EU without needing a visa or a residency permit. You can find a full breakdown of the rules HERE, but broadly you can stay for up to 90 days in every 180 - this can be in the form of one long stay or several short stays.
The limit is for time spent within the EU, so you cannot simply move to a different EU country, you need to leave the Bloc altogether and go to a non-EU country.
This does not apply to people who live in France and have a residency card.
If you want to stay longer than 90 days - either because you are moving to France full-time or because you want longer visits - you will need to get a visa.
You can find full details on the types of visa HERE and how to apply HERE, but the key thing is that visas must be applied for in advance from your home country - you cannot come to France and then apply in order to extend your 90-day stay.
What are the penalties for people who overstay?
If you spend more than 90 days in the EU or Schengen zone without a visa or residency permit then you are officially an overstayer. And unlike the pre-EU days when passport control consisted of a man in a booth with a rubber stamp, scanning of all passports on entry/exit of the EU makes it pretty easy to spot overstayers.
This is set to become even more stringent when the EES scheme comes into effect next year - full details on that HERE.
The EU lists a range of possible penalties although in practice some countries are stricter than others.
Within the system, anyone who overstays can be subject to the following penalties;
Deportation - if you are found to have overstayed, countries are within their rights to either imprison you and deport you, or give you a certain number of days to leave. In practice, deportation is rare for people who aren’t working or claiming benefits, they are more likely to be advised of the situation and told to leave as soon as possible
Fines – fines can be levied in addition to other penalties and vary according to country. Fines issued so far by France for overstaying the 90 days are of €198.
Entry ban – countries can impose a complete ban on re-entry, usually for three years although it can be longer. A complete ban is usually only put in place for people who have over-stayed 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 more difficult for you to return to the EU, and this applies to any EU or Schengen zone country, not just the one you over-stayed in. People who have this alert on their passport are likely to face extended checks at the border and may even be turned back. You will also likely encounter difficulties if you later apply for a visa or residency
People who simply stay in an EU country without securing residency become undocumented immigrants and will not be able to access healthcare or social security provisions. If caught, they face deportation.
How is France really enforcing these rules?
Among EU countries France has a reputation for being among the less strict, and deportations are rare for people who are not working or claiming benefits, unless they have been in France for many years without the correct papers.
If it's a question of simply over-staying by a few weeks it's very unlikely that police will come to your home and deport you.
However, that doesn't mean that there are no consequences of your over-stay - what's likely to happen is that you will be caught next time you leave France.
Passports are stamped and scanned on entry, which means that border officials can see how long you have been in the country - if your arrival date was longer than 90 days ago you are likely to be flagged as an overstayer.
This is likely to lead to a fine - €198 is the standard amount but it can be more in certain circumstances - and you may be banned from re-entering France.
A re-entry ban can be either for a limited time period or indefinitely and even if you avoid a ban your passport is likely to be stamped as an over-stayer, which can lead to complications for further travel anywhere within the EU.
See Also
The 90-day rule has long applied to non-EU nationals like Americans, Canadians and Australians and since Brexit is also applies to Brits.
However it's not always clear what happens to people who overstay, and whether the rules are being strictly enforced on the ground.
What is the rule?
Certain non-EU nationals, including Brits, can stay for 90 days out of every 180 in the EU without needing a visa or a residency permit. You can find a full breakdown of the rules HERE, but broadly you can stay for up to 90 days in every 180 - this can be in the form of one long stay or several short stays.
The limit is for time spent within the EU, so you cannot simply move to a different EU country, you need to leave the Bloc altogether and go to a non-EU country.
This does not apply to people who live in France and have a residency card.
If you want to stay longer than 90 days - either because you are moving to France full-time or because you want longer visits - you will need to get a visa.
You can find full details on the types of visa HERE and how to apply HERE, but the key thing is that visas must be applied for in advance from your home country - you cannot come to France and then apply in order to extend your 90-day stay.
What are the penalties for people who overstay?
If you spend more than 90 days in the EU or Schengen zone without a visa or residency permit then you are officially an overstayer. And unlike the pre-EU days when passport control consisted of a man in a booth with a rubber stamp, scanning of all passports on entry/exit of the EU makes it pretty easy to spot overstayers.
This is set to become even more stringent when the EES scheme comes into effect next year - full details on that HERE.
The EU lists a range of possible penalties although in practice some countries are stricter than others.
Within the system, anyone who overstays can be subject to the following penalties;
Deportation - if you are found to have overstayed, countries are within their rights to either imprison you and deport you, or give you a certain number of days to leave. In practice, deportation is rare for people who aren’t working or claiming benefits, they are more likely to be advised of the situation and told to leave as soon as possible
Fines – fines can be levied in addition to other penalties and vary according to country. Fines issued so far by France for overstaying the 90 days are of €198.
Entry ban – countries can impose a complete ban on re-entry, usually for three years although it can be longer. A complete ban is usually only put in place for people who have over-stayed 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 more difficult for you to return to the EU, and this applies to any EU or Schengen zone country, not just the one you over-stayed in. People who have this alert on their passport are likely to face extended checks at the border and may even be turned back. You will also likely encounter difficulties if you later apply for a visa or residency
People who simply stay in an EU country without securing residency become undocumented immigrants and will not be able to access healthcare or social security provisions. If caught, they face deportation.
How is France really enforcing these rules?
Among EU countries France has a reputation for being among the less strict, and deportations are rare for people who are not working or claiming benefits, unless they have been in France for many years without the correct papers.
If it's a question of simply over-staying by a few weeks it's very unlikely that police will come to your home and deport you.
However, that doesn't mean that there are no consequences of your over-stay - what's likely to happen is that you will be caught next time you leave France.
Passports are stamped and scanned on entry, which means that border officials can see how long you have been in the country - if your arrival date was longer than 90 days ago you are likely to be flagged as an overstayer.
This is likely to lead to a fine - €198 is the standard amount but it can be more in certain circumstances - and you may be banned from re-entering France.
A re-entry ban can be either for a limited time period or indefinitely and even if you avoid a ban your passport is likely to be stamped as an over-stayer, which can lead to complications for further travel anywhere within the EU.
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