If you’re visiting Italy as a tourist, your time in the boot is limited unless you have a special visa. But what happens to people who overstay their welcome, and how strict are the rules really?
The 90-day rule has long been applied to non-Europeans such as Brazilians, Americans, Canadians and Australians, and since the Brexit also applies to the British.
However, it is not always clear what happens to people who exceed this deadline and whether the rules are being strictly applied in practice.
What does the rule say?
Citizens of countries outside the European Union can stay for 90 days out of every 180 in the EU without needing a visa or residence permit. This can be in the form of a single long stay or multiple short stays.
The limit applies to time spent within the EU, so you can't just move to another EU country, you need to leave the bloc and go to a non-EU country.
This does not apply to people who live in Italy and have a residence card.
If you want to stay longer than 90 days – whether because you are moving to Italy full-time or because you want longer stays – you will need to obtain a visa.
What are the penalties for exceeding the limit?
If you spend more than 90 days in the EU or the Schengen Area without a visa or residence permit, you will be considered a foreigner. And unlike pre-EU times when passport control consisted of a man in a booth with a stamp, scanning all passports upon entry/exit into the EU makes it quite easy to identify foreigners.
Within the system, anyone who exceeds may be subject to the following penalties:
- Deportation: If you are considered a foreigner, countries have the right to arrest and deport you or give you a certain number of days to leave. In practice, deportation is rare for people who are not working or receiving benefits, as they are more likely to be advised to leave as quickly as possible.
- Fines: Fines may be applied in addition to other penalties and vary depending on the country. In Italy, for example, individuals who are considered foreigners due to border checks while voluntarily leaving the country on their own are theoretically not subject to fines. However, those caught overstaying their visa on Italian soil theoretically face both an expulsion order and a fine ranging from 5.000 e 10.000 Euros.
- Entry ban: Countries can impose a complete ban on re-entry, usually for three years, although it can be longer. A complete ban is usually only applied to people who have overstayed for a significant period.
- Difficulties returning to the Schengen Area: Even if you avoid all the penalties above, the overstay warning on your passport will make it difficult for you to return to the EU. This applies to any EU country or Schengen zone, not just the one where you overstayed. People with this warning on their passports will likely face prolonged border checks and may even be refused entry. You will also likely encounter difficulties if you later apply for a visa or residence permit.
How is Italy actually enforcing these rules?
Among EU countries, Italy has a reputation for being one of the least strict, and deportations are rare for people who are not working or receiving benefits, unless they have been in Italy for many years without the correct documents.
If the issue is just overstaying for a few weeks, it is very unlikely that the police will come to your house and deport you.
However, that doesn't mean there aren't consequences for overtaking – what's likely to happen is that you'll get caught the next time you leave Italy.
Passports are stamped and scanned upon entry, which means border officers can see how long you've been in the country – if your arrival date was more than 90 days ago, you're likely to be identified as an alien offender. This should not lead to fines while in Italy, but there is a possibility that you could be banned from re-entering the country.
