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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?

What happens if you overstay your 90-day limit in France?
Over-staying your 90-day limit can cause problems for future travel to any EU country. Photo: Martin Bureau/AFP

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. 

Member comments

  1. The 90 day rule applies to the *Schengen* area. This is much the same as the EU plus Iceland, Norway, Switzerland and Liechtenstein but minus Ireland (where Brits have unlimited freedom of travel) and Cyprus. However, I believe France’s overseas territories (Martinique, Guadaloupe, Réunion, French Polynesia etc) are excluded so time spent there doesn’t count, see https://france-visas.gouv.fr/web/france-visas/competence-autorites-francaises. How this would be sorted out if you took two weeks out of a stay in France to go to Guada (which we do every year) I don’t know.

  2. Seeing the latest news regarding a British woman being forbidden entry to Spain because on a previous visit her passport had missed being date stamped, I wonder how long it will be before something similar occurs in France. The border police here seem to be gung ho in stamping every British passport with a leaving or entering date stamp, regardless of the owners being resident of visitor.. We’ve just returned to France and, despite showing and discussing our 10 year residential cards, the police still stamped an entry date on our passports. If we make another trip to the UK in 7 or 8 months time, I can certainly see the possibility of an officious policeman taking issue with us for having stayed too long in France. Knowing that police rarely accept that they’ve made a mistake, is it likely that the sight of our residential cards will persuade them that they wrongly date stamped our passports?

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TRAVEL NEWS

France to use iPads to check biometic data of travellers from UK

France has revealed its plans for new border checks of passengers arriving from the UK next year - including using iPads to take biometric data like fingerprints.

France to use iPads to check biometic data of travellers from UK

France plans to use tablet computer devices to register non-EU car passengers at land and sea borders – including its border with the UK – when the new EU border system EES becomes operational next year, a new document has revealed. 

In May 2023, countries of the Schengen area will introduce the new Entry & Exit System (EES) to record the entry and exit of non-EU citizens at their external borders. The EES was created to tighten up border security and will ensure the enforcement of the 90-day short-stay limit for tourists and visitors. 

You can read full details of how the system will work HERE.

The system will enable the automatic scanning of passports replacing manual stamping by border guards. Data collected will include the person’s name, type of travel document, fingerprints and facial images, as well as the date and place of entry and exit. The information will be kept in a centralised database on a rolling three-year basis that will be re-set at each entry.

The system will come into effect around the EU, but there have been major concerns about the France-UK border due to both the high volume of traffic and the Le Touquet Treaty border arrangements that mean French officials work in British ports of Dover and Folkestone – both of which saw long queues this summer as travel resumed after the pandemic. 

A document shared recently by the secretariat of the EU Council (the EU institution representing member states) and published by Statewatch, a non-profit organisation that monitors civil liberties, shows how countries are preparing. 

In the responses to the EU questionnaire, French authorities vowed they would be ready, saying simply Oui, La France sera prête (yes, France will be ready).

“The French authorities have carried out numerous studies and analyses, in cooperation with infrastructure managers, to map passenger flows at each border crossing post… and evaluate the EES impact on waiting times,” the document says. 

“France has prepared very actively and will be on schedule for an EES implementation in compliance with the EU regulation,” French authorities say.

Test runs of the new system will begin at French border posts at the end of this year, they added.

However despite the vow that the new system will be ready on time to deal with thousands  of passengers each day authorities admitted “the prospect of the impact of EES on waiting times at the borders worries infrastructure managers.”

French authorities admitted they are concerned about queues and backlogs at border crossings.

“The fact remains that fluidity remains a concern, and that exchanges are continue with each border post manager to make progress on this point,” they told the EU.

This same concern was expressed by the CEO of the Port of Dover, Doug Bannister earlier this month when he told The Local he was concerned the time it takes to check each vehicle under EES could jump for around one and half minutes currently to 10 minutes.

Tablets to be used at land and sea borders

The way checks would be carried out for passengers at France’s sea borders with the UK has been a major concern especially at the Dover-Calais crossing, the busiest car route between the UK and continental Europe, with 8.6 million passengers passing through in 2019. 

Bannister, told The Local that first-time registration at Dover was the most concerning part of the new process, as it would require taking four fingerprints and facial images “at the border in front of an immigration officer”. 

Bannister said the current process was “designed around an airport” but this would not suit “a busy ferry terminal”. He demanded a system be introduced whereby registrations are carried out without passengers needing to leave the car.

French authorities’ response to the EU questionnaire has revealed they plan to use tablets, such as iPads to register car passengers’ details under EES.

The responses by French authorities to the EU questionnaire seem to clarify that agents will use tablets to register passengers directly in their cars under the “close supervision” of border guards, who will validate the biometric data on the spot. 

France will set up “‘mobile’ registration solutions (tablets) to record the biographical and biometric data of travellers eligible for the EES directly on board vehicles,” the document revealed.

People getting off buses will instead be able to use self-service kiosks similar to those set up at airports.

Airports

For non-EU visitors arriving by plane, France will set up self-service kiosks “supervised remotely via video by a border guard”.

Here, third-country nationals will be able to pre-register their biometric data and personal information, and complete the entry questionnaire. They will then be directed to the booth for verification of the data with the border guard. 

According to the document, France plans to maintain the eligibility for certain third-country nationals to go through automated ‘Parafe’ checks for subsequent entries and exits. E-gates are currently available for the citizens of Andorra, Monaco, San Marino, Australia, Canada, South Korea, Japan, New Zealand the United Kingdom and Singapore (as well as EU citizens).

Doubts on gradual introduction

To facilitate the process, the European Commission has proposed a ‘progressive approach’ that would allow the creation of “incomplete” passenger files for 9 months following the EES entry into operation, and continuing passport stamping for 3 months. 

Dover had also favoured some kind of transition period to allow the port to get used to the new system. But the French appear to have rejected this idea. 

They described the option of “progressive” introduction as “not satisfactory”, because it would require other adaptations of the system. 

France has called for “flexibility” to mitigate the impact of EES in the first months of its entry into service. In particular, French authorities called for the possibility of not creating EES files for third-country nationals who entered the Schengen area before the system becomes operational, leaving this task to when they return later. 

This would “significantly ease the pressure” on border guards “during the first three months after entry into service,” the document says.

Responding to the questions, French authorities also said they intend to seek the support of Frontex, the EU border agency, in a more general context than the the entry in operation of the EES, in view of the 2024 Olympics. 

Non-EU residents in France

EES applies only to people entering the EU as tourists or making short visits – it does not apply to non-EU nationals who live in an EU country with a residency card such as a carte de séjour or a visa.

You can read full details on the system for residents HERE.

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