overstaying schengen 90 day period

[germanstudent]

Hello,
I am a canadian student and I moved to german to study for one year in May 2012 with a one-year youth visa. This visa expired in May 2013. After May I spent the entire summer travelling around Europe, and to Morocco. I had the impression that if I left the Schengen zone I could reenter for an additional 90 days but after doing (unfortunately some very late) research I just learned about the fact that these 90 days are within a 180 day period. It is now October 8th, and so I have definitely overstayed my 90 day allowance. Does anyone know what sort of fine I could encounter for doing this, or what the penalties could be? I have read about fines as large as 700 euro and possibly being banned from the Schengen zone for a few years which would be terrible. I had planned to spend some time in England, and was going to return to canada in early december. Does anyone have any advice on what I should do to avoid getting in trouble.... I feel absurd for not realizing this sooner and now out of complete naivety am in an auspicious situation to say the least.

any advice would be very appreciated...

[cafeconleche]

Since your last entry, have you stayed for more than 90 days? If the answer is no, then you're practically ok. Legally, maybe not, but in general, you're not really in trouble.

You're right that your 90 day stay is allowed only once per 180 days, but, depending on which country you enter through, this is enforced in varying degrees. For example, German and Swiss immigration tend to be stringent, while Spanish or Italian immigration are MUCH more lax. If they let you in (and stamped your passport), anecdotal evidence shows that you won't be penalised. However, you COULD be refused entry when you come back from the UK if an immigration officer chooses to review the stamps in your passport.

Now, if you've been in the zone for more than 90 days since your last entry, then definitely try and leave through a Southern European country. Check Lonely Planet's ThornTree forum for discussions on this.

Finally, if you're white, your chances of being scrutinised are MUCH lower than if you're not. It's just a fact.