How serious will it be if you are found to overstay?

Will it be a serious issue if you are registered with EES and are found to have ‘overstayed’ in France?

It will not necessarily be seen as more serious than now, but it will be flagged up by the digital system, whereas previously it would have to have been noticed during a passport stamp check. You will have to give reasons to the border guards.

We have been told that they have, in the past, often been flexible with regard to a short period of overstaying, though we have occasionally heard of people being given a €198 French fine.

If a person stays too long they will be added to an ‘overstayer’ list and alerts will be sent to EU countries using EES. 

Authorities such as passport control officers, immigration officers and staff issuing visas have access to the list, so this could count against you eg. for a future visa application, if applicable.

The EU says if you give credible evidence to guards of unforeseeable or mitigating circumstances your data could be amended in the system, allowing you to be removed from the list.

There can be additional consequences depending on national laws, however, the French police have previously stated that there is no specific sanction in France other than the fine.