Schengen who?

Last year when we were planning our extended tour of Europe, I stumbled across the term "Schengen rules."  The what?  I had to Google "Schengen" to discover that the Schengen Agreement (named for the city in Luxembourg where the agreement was signed) "...allows unrestricted trade and common visa policy among member countries."  This saves the governments money by greatly reducing border controls, and makes it easy for Europeans to travel within Europe.  It also acts as immigration control by limiting the length of time non-Eropean Union (EU) passport holders can legally be anywhere within the whole Schengen area to 90 days in every 180 days.  Good for Europeans; annoying for Americans like me wanting an extended visit.

In the late 1980's, I remember stopping at the border for immigration control driving from Germany to the Netherlands.  My military ID was scrutinized, my car license plate number recorded.  I won't have to stop now, because Germany and the Netherlands are both Schengen countries.

26 countries are now in the Schengen area. But it's anything but simple to follow.  Most participating countries are in the European Union, but some, like Iceland and Norway, are outside the EU.  And not all of the EU nations participate; Ireland and the UK have opted out, yet others like Croatia have not opted out and may apply.  (See the full list of 26 Schengen Area Member States here.)  To further complicate matters, not all Schengen countries use the Euro for currency, and some countries that do have the Euro are not part of Schengen.

This all has to do with immigration, not money and not customs (which deals with things, not people.)

Schengen really wants our visits to be "short term" (so foreigners do not try to get jobs that should be had by Europeans).  You can parse up the 90 days however you want to, but the 90-days clock starts the moment your passport is stamped in a Schengen country.  The 90-days clock will reset 180 days later.

This is actually pretty generous when you compare immigration and visa restrictions of other countries.  For example, foreign visitors to the US can stay up to 90 days in one year without a visa.  Brazil, Argentina and Costa Rica all allow 90 days.  One cannot go to China or Russia at all without an advance visa.  Egypt requires a tourist visa which is valid only for 30 days.

It is technically possible to stay in Europe longer than 90 days without breaking the law, if you're willing to hop in and out of Schengen countries.  For example:

• Start in France for 30 days (the 90/180-day clock starts) = 60 Schengen days remain/150 days left to clock restart
• England (non-Schengen) 30 days = 60 Schengen days remain/120 days left to clock restart
• Spain 30 days = 60/90 
• Morocco (non-Schengen) 30 days = 60/60, etc. 

With careful planning and an accurate calendar count, a visitor could remain in Europe indefinitely, without a visa.  Granted, this is impractical, and expensive.

What happens to visitors who intentionally overstay?  Among the unpleasant possible consequences are an expensive fine, a visa record making it really, REALLY tough to get a visa later, deportation, and/or they may be barred from re-entry into any Schengen country for a period of 1-5 years.  There is no "standard" penalty; it all depends on the country and the mood of the border agent who catches the violator.

We began our European travels with 5 weeks in Ireland and the UK (non-Schengen countries), and the past 2 months in Schengen countries.  We haven't yet decided whether we will extend our time in Schengen Europe by spending more time in non-Schengen countries.  But if we do not, we must leave and stay out of the Schengen area until our 180-day clock re-starts, or else risk penalty for violating the 90-day rule.

I'm thinking that Croatia looks good this time of year...