What counts as an overstay
An overstay happens when the days spent in the Schengen area break the 90/180-day rule by going above 90 in a 180-day period, or above the authorised period on a visa sticker. The Commission’s short-stay calculator reports it as a “Possible overstay in the period” and gives the number of days. Each day over the limit is counted.
How an overstay is recorded
Since the Entry/Exit System (EES) became fully operational on 10 April 2026, the system automatically identifies a traveller who stays longer than permitted and records it. The traveller is identified as an overstayer, and the data is added to a list that passport control officers, immigration officers and visa staff can see.
What can follow
The consequences depend on the national legislation of the country concerned. The EU gives the following as examples:
- removal from the territory
- administrative fines
- detention
- being prevented from re-entering the EU in the future
A person who is illegally staying in the Schengen area must go through return procedures under the Return Directive, and as a general rule voluntary departure is preferred.
Entry bans
Return decisions are accompanied by an entry ban in certain cases, for example where no period for voluntary departure was granted or the obligation to return was not complied with. In other cases an entry ban may be issued. Return decisions and entry bans are entered into the Schengen Information System. The length of the ban is set with regard to the circumstances of the case and shall not in principle exceed five years.
Trying to enter after using 90 days
A person who has already stayed 90 days within 180 days and tries to enter again will be refused entry at the border. The refusal is registered in the EES, or, for people not subject to EES registration, a cancelled entry stamp is placed in the passport.
Exceptional circumstances
A person on the overstayers list who gives credible evidence to the border or immigration authorities that the stay was exceeded because of unforeseeable or mitigating circumstances, such as hospitalisation after a serious injury, can have the data amended and be removed from the list.
Keeping count
Travellers can ask passport control officers for the remaining authorised days. The questions about the result of the EES online tool are handled by the authorities of the country where you last entered or left the Schengen area.
Use the calculator on the home page to count your own stays.
Updated: 4 November 2026