Overstayed in Europe? What actually happens next

You miscounted. Your 90 days in Europe ran out last week, or your flight was cancelled and you're still here. What happens now?

Probably less than you fear, and possibly more than you hope. The rules are set by EU law, but each country applies them its own way.

What EU law says

Every Schengen country applies the EU's Return Directive. Its basic process:

1. A return decision. Once you're found staying without the right to, the country must formally tell you to leave.
2. 7 to 30 days to go. The decision normally gives you a window to leave on your own. It can be longer, for example if you have children in school.
3. A ban only in some cases. An entry ban is required if you weren't given a window, or didn't leave within it. Otherwise it's up to the country. Bans are normally up to five years.

So there's no automatic ban for an overstay. Leaving within the window you're given is what counts most.

Country rules differ

The fines and bans are set nationally:

• France doesn't fine a simple overstay. The risk starts if you're ordered to leave and don't: ignoring a removal order can mean up to three years in prison and a ten-year ban from France.
• Spain chooses either a fine of €501 to €10,000 or expulsion with a ban of three to ten years. Spanish courts favour a fine for a simple overstay.
• The Netherlands usually bans you for a year if you overstayed by more than 3 and up to 90 days, and two years beyond that. The ban starts the day you leave.
• Germany: entry bans are up to five years as the general rule, and much longer only after a criminal conviction or for security reasons.

We have the details for 26 countries.

You'll be noticed now

Before 2026, a short overstay might go unseen. Today the EU's Entry/Exit System logs every crossing and flags overstays automatically.

If you're stuck or wrongly flagged

• Contact the immigration authority before your stay runs out if something outside your control, like illness or a cancelled flight, is keeping you. The EES Regulation lets overstay records be corrected for unforeseeable, serious events.
• Wrongly flagged? If you did leave on time, you can have the record corrected.
• Plan ahead. Check your dates with our calculator before booking a return flight.

This is general information, not legal advice. If you've received a return decision, talk to the authority that issued it or a qualified adviser.