Overstaying in Schengen area due to COVID-19 and travel restrictions

As everyone who goes through the application process quickly learns, Schengen visas are valid for up to 90 days, which means that if you get one, you can stay in the Schengen area for exactly that long. Individuals who remain in the Schengen area for longer than 90 days will violate their Schengen visa, and could face serious consequences, including deportation and even a future Schengen entry ban. However, while overstaying in Schengen area countries is normally a punishable offense, the recent COVID-19 pandemic and resulting global travel restrictions has created an unprecedented situation. Many people, through no fault of their own, are stuck in the EU due to coronavirus. In recognition of these unique circumstances, EU countries are more willing to make exceptions for people who are overstaying in Schengen area states. Read on for an overview of Schengen COVID-19 related travel ban and solutions for overstay, visa extension due to coronavirus, and for an explanation of Schengen visa overstay by country. 

Schengen COVID-19 related travel restrictions and solutions for overstay

• • Many countries around the world have introduced travel bans due to the coronavirus pandemic. Flight bans and other related travel restrictions have resulted in a number of travelers being stuck in the Schengen area. 

• • Many travelers originally entered the Schengen area on Short Term (Type-C) Schengen visas, fully intending to be able to leave the zone prior to the allotted 90-day period. They now find themselves stuck in the EU due to coronavirus, with their visa about to expire. In danger of overstaying in the Schengen area, they want return home, but simply have no legal way of doing so. 

• • For example, if you are a citizen of a non-Schengen, non-EU country who is trying to return home from the Schengen area, but the EU has banned flights to your country due to the pandemic, you might find yourself trapped in the EU. 

• • In recognition of the unprecedented situation some travelers find themselves in (through no fault of their own), individual EU and Schengen countries have come up with solutions for overstay, in order to prevent innocent travelers from facing the traditional punishments for violating Schengen visa terms and conditions. 

Visa extension due to coronavirus

• • If you are currently in the Schengen area in danger of overstaying your Schengen visa, you should immediately notify the consular authorities of the Schengen country who issued your visa. It is critical that you do this BEFORE your visa expires, rather than after.  

• • If you begin the Schengen visa-extension process after your visa has already expired you will almost certainly be denied an extension, be found guilty of overstay, and face the traditional penalties for violating the terms of your Schengen visa (deportation, future bans from the area, etc). 

• • All Schengen countries have provisions for emergency Schengen visa extensions, which existed even prior to the coronavirus epidemic. These provisions were meant to cover emergencies that necessitated travelers overstaying Schengen visas. 

• • The majority of countries therefore allow Schengen visa extensions due to “Force Majeure” i.e. exceptional, unforeseeable circumstances (like the coronavirus pandemic). 

• • Applying for a Schengen visa extension based on the principle of Force Majeure due to coronavirus related travel restrictions is perhaps the best solution for those facing an overstay in the Schengen area. 

• • For example, the Netherlands has historically allowed no-penalty Schengen visa extensions in emergency situations (via Force Majeure), so long as certain conditions are met. These include presenting materials/documents showing your reason for being unable to return home, having valid passport, and being able to financially cover your extended stay. 

• • Theoretically, you could apply for a Schengen visa-extension in the Netherlands due to the coronavirus, so long as you credibly demonstrate that your inability to return to your home country is due to COVID-19 related travel restrictions, and not because, for example, you are trying to obtain residency under false pretenses. However, if you do obtain an emergency Schengen visa extension in the Netherlands due to coronavirus, your Schengen visa duration (number of days) may be extended at the expense of its scope (where you can travel on it). What this means is that if you do receive a Schengen visa extension for the Netherlands, it may allow you to stay in the Netherlands longer than 90 days, but prevent you from travelling outside of the country, throughout the rest of the Schengen area. 

Schengen visa overstay by country

• • In addition to having historical, country-specific provisions for emergency Schengen visa overstays, many countries are now offering Schengen visa extensions specifically due to coronavirus. 

• • Ultimately, different countries have different conditions regarding visa extensions for coronavirus. 

• • At the moment, there is no Schengen-wide policy of Schengen visa extension due to the coronavirus pandemic. However, general awareness of the current extreme travel environment means that many Schengen states are sympathetic to extension requests from travelers who find themselves at risk of overstaying their visa due to COVID-19 related travel issues. 

• • In early Spring/Summer 2020, the Schengen states individually decided to issue extensions of various forms of legal stay (including Schengen visas) due to COVID-19. 

• • In effect, the European Commission urged the Schengen states to collectively consider any overstays that occurred during this period as legal. 

• • However, the grace period for overstays that extended collectively throughout the Schengen area is no longer widely applicable. Now, different countries have broader rules regarding overstaying in Schengen area. 

• • In March 2020, countries like Germany issued decrees extending Schengen visas due to the coronavirus pandemic in the spring, which covered the period until September 2020. Since then, the country has largely declined to extend the extensions of Schengen visas due to the coronavirus pandemic. 

• • Therefore, if you want to extend your Schengen visa to Germany due to the coronavirus, you will have to make an individual, strong case for the pandemic as having credibly prevented you from returning to your home country.  

• • Similar to Germany, France issued provisional authorization of stays (APS) to Schengen visa holders in March, allowing them an additional three months overstay on top of their 90-day Schengen validity period. However, these extensions have not been renewed to cover this period, meaning that if you are seeking to extend your French Schengen visa, you will likely have to apply for an extension by claiming Force Majeure.

• • For information on overstay in any other Schengen Member States, please contact the consular section of that specific country. 

Schengen area entry ban

• • At various points throughout the COVID-19 pandemic, the Schengen area has instituted a ban on travel to the Schengen area for most non-Schengen and non-EU citizens. This has resulted in family separations and chaos for many travelers who find themselves marooned outside the Schengen area, trying to reunite with relatives and loved ones. 

• • Travel restrictions have even been put in place for citizens of countries that normally have visa-free access to the Schengen area. For example, Americans, who can usually enter the Schengen area without a visa, are at the moment mostly banned from all but essential travel to the Schengen area.

• • Contact the embassy of the Schengen country you are attempting to enter for the most up-to-date information on entry conditions for non-Schengen, non-EU citizens.