1

Suppose that you get a working and holiday visa for one year in Poland. Now, if I understand it correctly, you can stay in other Schengen countries for up to 90 days in any 180 days.

However, suppose that you stay in Italy for the whole period. Since you can travel around the Schengen area without any passport check, no one has a chance to stop you.

But eventually you might get caught randomly, for whatever reasons.

In that case, does it affect the future entry to the Schengen countries as a 90/180 visa-free traveler, not with another working and holiday or any residencial visa for any Schengen countries? Also, does it depend on each country and/or an immigrant officer, or is the deny of the entry decided uniformly?

  • The country that finds you can penalize you according to its laws or possibly hand you over to Poland, so no, it won't likely be uniform. But you're likely to get a Schengen ban out of it. – phoog Dec 2 '17 at 16:43
  • @phoog According to the country's law? Is there any thing like the "Schengen law", prescribing the penalty for overstaying for a resident? – Blaszard Dec 2 '17 at 16:59
  • No. The Schengen codes do not prescribe specific penalties. – phoog Dec 3 '17 at 5:43
  • @phoog Then how can it be a Schengen ban? Do countries share the deportation history on each individual? If I try to enter it in the future from a country except the one I get caught in, will it still lead to the deny of entry? – Blaszard Dec 3 '17 at 15:57
  • Because EU law provides for Schengen bans on the basis of national law. Do countries share deportation history? Yes, through the Schengen Information System. If you try to enter in the future from a country other than the one you are caught in, it could indeed lead to a denial of entry. See my answer for more details. – phoog Dec 3 '17 at 19:02
2

It can affect your ability to enter the Schengen area in the future, but it will depend on the country and the officer.

If the person is caught, the penalty depends on national law, so it will depend on where the person is caught. Furthermore, individual officers may differ in their application of national law, even if they are not supposed to. But in the worst case, national law could specify a ban on entry into the Schengen area, and the officer could impose such a ban. The ban could be entered into the Schengen Information System, in which case it should be effective for the entire Schengen area.

The relevant EU laws are

In particular, a condition of entry under the Schengen Borders Code is articulated at 6(1)(d):

they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry

That is further defined at 2(7):

‘persons for whom an alert has been issued for the purposes of refusing entry’ means any third-country national for whom an alert has been issued in the Schengen Information System (SIS) in accordance with and for the purposes laid down in Articles 24 and 26 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council

For its part, the regulation says in Article 24, Conditions for issuing alerts on refusal of entry or stay, at section (1), that

Data on third-country nationals in respect of whom an alert has been issued for the purposes of refusing entry or stay shall be entered on the basis of a national alert resulting from a decision taken by the competent administrative authorities or courts in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. Appeals against these decisions shall lie in accordance with national legislation.

Relevant to your question, it goes on in section (3) to say that

An alert may also be entered when the decision referred to in paragraph 1 is based on the fact that the third-country national has been subject to a measure involving expulsion, refusal of entry or removal which has not been rescinded or suspended, that includes or is accompanied by a prohibition on entry or, where applicable, a prohibition on residence, based on a failure to comply with national regulations on the entry or residence of third-country nationals.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.