What is Schengen?

The Schengen Area is an area comprising of 27 European states that have officially abolished passport and border controls between their mutual borders. The European Union consists of 27 states, of which 23 participate in the Schengen Area. Of the four EU members that are not a part of the Schengen Area: Ireland has opted out, and Bulgaria, Cyprus, and Romania are legally obliged to join the area in the future. Iceland, Liechtenstein, Norway, and Switzerland, are not EU members but participate in Schengen. Monaco, San Marino, and the Vatican are de facto participants.
Rob984, CC BY-SA 4.0, via Wikimedia Commons

Schengen Member States

Austria
Belgium
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Switzerland

How does Schengen effect me?

If you’re not a citizen of a Schengen state, there are restrictions on how long you can stay in the Schengen Area. Some nationalities may enter visa free, while others need a visa.

How long can I stay in Schengen?

How long you can stay in Schengen depends on your nationality. There are 62 nationalities which may enter Schengen visa free, if you are not from one of these countries this information may not be relevant to you. If you are one of the 62 nationalities that may enter Schengen visa free, you can stay in the Schengen Area as a whole for a maximum of 90 days in a 180 day period.

Example: You fly to France (entering Schengen) and travel around mainland Europe (staying within the Schengen Area) for 80 days. After 80 days you fly across to the UK. The UK is outside the Schengen Area and does not count towards your Schengen days. You stay in the UK for 30 days and then decide to fly to Amsterdam (and back into Schengen). You can only stay in Schengen for another 10 days before your 90 days are up. After 10 days touring the Netherlands, your 90 Schengen days are up. You don’t want to go home just yet, you still haven’t visited Italy! You first entered Schengen 120 days ago (80 in Schengen, 30 in the UK, and another 10 in the Netherlands). If you want to re-enter Schengen you’ll need to wait for the 180 day period to expire. So 180 days minus the 120 since you first entered equals 60 days you need to spend outside of Schengen before you’ll be allowed to re-enter. You fly to the Balkans and travel for 60 days. On day 180 of your trip you’re allowed to re-enter Schengen. You fly to Italy and your Schengen clock starts again from day 1.

Australian citizens are classified as ‘Annex II’ foreign nationals and are permitted to stay visa-free in the Schengen Area as a whole for a maximum of 90 days in a 180 day period.

Wait, if there's no border control within Schengen can't I stay over 90 days?

Sure you could hypothetically stay in Schengen for another 30 days and have no problem (if you don’t get spot checked), the problem is when you leave. When you get your passport checked by immigration at the airport, they’ll realise you overstayed by 30 days and you’ll be in big trouble. You’re looking at a big fine and maybe worse – being banned from the entire Schengen Area.

Overstaying

It is illegal under EU law to overstay your visa free period, even by a single day. Playing coy will likely be of no help. Different countries have different policies regarding overstayers. Some may not care if you overstayed a couple of days, but others may land you in big trouble for a single day over.

How much trouble will I get in?

It depends on three things: which country you’re in, how long you’ve overstayed, and the indiviual border guard. These are some of the punishments you may face, and possibly a combination of all of them.

Fine: generally €500-€1200
Deportation: after being detained, you’ll be sent back to your home country. Your detainment, investigation, flight/s and any associated costs incurred will be at your own expense.
Ban: from 1 year, up to 20 years
Future Visa/Entry Denial: if you have overstayed previously, you may be denied entry to the entire Schengen Area at a friendly border guards personal discretion.

When the Entry/Exit System (EES) becomes operational, overstayers will not be able to escape.

Entry/Exit System (EES)

The Entry/Exit System (EES) is an automatic monitoring system which electronically logs and records the entry and exit of third-country nationals (non-EU/EEA/Swiss citizens) to and from the Schengen Area. The EES will replace manual passport stamps. The system will register the individuals name, date of birth, biometrics (photo and fingerprints), and the date and location of entries and exits to and from the Schengen Area (including refusals of entry). The system will make it easy for authorities to identify flagged passports and overstayers.

Personal data collected will be used by authorities in European countries using the EES such as border, visa and immigration authorities. It is also accessible by Europol. Carriers (for example airlines) will only be able to verify if your entry is valid. Personal data is erased from the system after 3 years, or if no exit has been recorded 5 years. 

– In 2013, the European Union adopted a regulation to establish the Entry/Exit System (ESS).
– In 2017, the ESS was officially adopted by the European Commission and European Parliament.
– The launch of the ESS has been delayed since 2020.
– The ESS is scheduled to become operational in late 2023.

ETIAS

ETIAS (European Travel Information and Authorisation System) is an a new visa-waiver system for electronic authorisation of visa-exempt visitors. ETIAS authorization will be required for travel to the Schengen Area, Bulgaria, Cyprus and Romania. ETIAS authorization will not be needed to visit Ireland.

Visitors will need to complete an online application and pay a €7 application fee (applicable to 18-70 year olds).

The system will process the majority of applications automatically, providing an immediate response. If your application requires manual processing, it may take up to four days to receive a reply. If you’re required to provide additional information or documentation, it may take up to 14 days. 

Once approved, authorisation will be valid for three years (or until the expiration date of your travel document if earlier). The authorisation will be automatically linked to the travellers passport. 

ETIAS is scheduled to become operational in late 2023.

Is there a way to Legally stay in Schengen for over 90 days?

Definitely! There are a number of ways to stay in Schengen for over 90 days.

How to legally stay in Schengen for over 90 days.