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EUROPEAN UNION

How many travellers are turned away at European borders because of 90 day limit?

Many Non-EU nationals, including Britons since Brexit, need to make sure they don't go over the 90-day rule in the EU/Schengen area. But how many people are turned away at European borders because they overstayed?

How many travellers are turned away at European borders because of 90 day limit?
How many travellers are turned away from the EU's borders because they have passed the 90 day limit? (Photo by GEOFFROY VAN DER HASSELT / AFP)

The 2021 Ironman 70.3 World Champion, UK’s Lucy Charles-Barclay, may not be able to participate in the next race of the season, on the 21st of May in Kraichgau, Germany.

The reason? She has already used 88 of the 90 days she could spend in the Schengen area over a 180-day period, the athlete said on Instagram.

Non-EU travellers, who since Brexit include Brits, have to be aware of the 90-day rule when it comes to visiting the EU and Schengen area.

People can travel without border checks within countries that have signed up to the Schengen Agreement. These include EU members except for Bulgaria, Cyprus, Ireland and Romania. Non-EU members Iceland, Liechtenstein, Norway and Switzerland are also part of the Schengen zone.

Non-EU passport holders who are allowed to visit Schengen countries without a visa can stay for maximum 90 days in any 180-day period, regardless of the number of states they go to. This means frequent visitors to EU countries, such as those who own second homes there, need to keep a careful check on how many days they have built up.

READ ALSO: How does the 90-day rule work for the EU/Schengen area?

The 90-day limit is meant for visits only, so people who intend to become residents have to follow different procedures.

Anyone who wants to stay longer than 90 days in every 180 must apply for a national visa for the country they intend to visit.

Passengers wait under panels at Roissy Charles de Gaulle airport, in the northeastern outskirts of Paris, on March 4, 2023.(Photo by Geoffroy Van der Hasselt / AFP)

If overstayers are caught they will most likely be ordered to leave, fined or even banned from the Schengen zone for a period of time. Since Brexit, these rules also apply to UK citizens, to the frustration of many second home owners in France and Spain.

The European Union plans to introduce a new border system, the EU entry/exit system, that will require biometric data, including facial images and fingerprints of all passengers entering the EU, helping authorities to systematically identify overstayers.

Travellers refused entry over the 90-day rule

Overall, some 141,060 non-EU citizens were refused entry into the EU in 2022 for various reasons, which are explained below.

Overall the largest number of refusals were reported by Poland (23,330), Hungary (15,780), Croatia (11,800) and Ireland (9,240). Ukrainian citizens accounted for the largest number of refusals, as has been the case in recent years.

According to the latest data published by the EU statistical office Eurostat, in 2022 almost 20,000 people (19,290) were refused entry at the Schengen area’s external borders because they has already exceeded the 90-day limit on previous trips.

This figure was a slight rise on the 2019 figure of 17,695. In the 2020 and 2021 the number dropped to around 10,000 travellers refused entry for having passed the 90-day limit, but the drop can be explained by fewer people on the move due to the Covid-19 pandemic.

Of the 20,000 refused entry in 2022 over the 90-day rule, more than two thirds were stopped at the Polish (7,570) and Hungarian (5,475) borders. Again most of them were from Ukraine as was the case in 2019. It is not clear whether these were recorded before Poland and Hungary opened their borders to the hundreds of thousands of Ukrainian’s fleeing the Russian invasion in late February.

Among the countries covered by The Local, Italy refused entry to 695 non-EU citizens because of the 90/180 Schengen rule; Germany denied entry to 465; Spain 345; Switzerland 175; France 170; Austria 125; Sweden 40; and Denmark 30, according to data published recently.

Despite the confusion for Britons after Brexit it appears most travellers are at least aware of the 90 day rule given the small number that were refused entry.

Only 195 British citizens were refused entry into European countries in 2022 because of the 90 day rule. Of these, Switzerland rejected 25; Sweden, Austria and Denmark 10 each; France 5. The figure for Spain read “zero”, suggesting Spanish authorities had not made the data available.

For US citizens the number of travellers turned away at the EU borders last year for having already passed the 90-day limit was 90. The numbers were even smaller for Canadians and Australians but this will be likely linked not only to a low number of frequent travellers to the EU from distant countries. In other words if they have passed the 90 day limit they are unlikely to return within the 180 day period.

As for travellers from India, the 90-day rule does not apply to them because they need a visa to enter the Schengen area.

Other reasons non-EU citizens are turned away

Apart from the 90 day rule there are other reasons why non-EU travellers will be turned away at Europe’s borders ranging from whether they are considered to be public threat or an alert has been issued about them to the fact their passport may be out of date or they have no valid visa or residency permit. Officially non-EU visitors could be turned away if they are not considered to have the means to pay for their trip, however the figures show only 10 people were refused entry (all to the Netherlands) for this reason.

READ ALSO: Are UK tourists in Spain really being asked to prove €100 a day?

Whilst most non-EU travellers have been aware of the rules around valid travel documents it appears many Britons have been caught out since Brexit.

Visitors entering Schengen countries must have a document issued in the ten years before the date of entry and valid until three months after the planned departure date. Since Brexit many British travellers, unaware their passports were invalid, have been turned away at airports and ports.

France for example denied access to its territory – and the Schengen area – to 105 UK citizens because they held no valid travel document.

The total for British citizens turned away from European countries because of invalid travel documents was 335, with 40 denied access to Italy and 30 to Switzerland.

In total 1,305 UK nationals were denied entry at the European external borders in 2022 because of reasons ranging from overstays to no valid visa or document, insufficient means of subsistence or being considered a public threat.

France – which has the largest number of arrivals from the UK due to its proximity – recorded the largest number (440), followed by Switzerland (150), Sweden (75), Italy (60), Germany (45), Denmark (40), Austria (15). Data for Norway was not available at the time of publishing.

Sweden, where authorities have come under pressure over their treatment of British residents after Brexit, refused entry to 40 Britons in 2022 who did not have a valid visa or residence permit.

When it comes to other nationalities, some 1,020 American citizens were turned away at Europe’s borders for various reasons in 2022 and the figure for Indian nationals was 2,045. Just 140 Canadians were turned away and 50 Australian nationals.

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EES PASSPORT CHECKS

EES border checks could undergo ‘soft launch’, UK says as app concerns mount

The UK government is preparing for a "soft launch" of the new EU border system – the Entry/Exit (EES) system - in October but authorities are still waiting for European Commission to confirm the start date, amid concerns over the delay of a new app.

EES border checks could undergo 'soft launch', UK says as app concerns mount

The UK government is preparing for a soft launch of the new EU border system – the entry/exit (EES) system – on the assumption that it will go live on October 6th, ministers told a hearing at the House of Commons European scrutiny committee this week.

But the European Commission is expected to confirm the exact launch date of the new biometric checks for non-EU travellers entering the Schengen area at some point this summer, they added.

“We are very much working on a basis whereby this policy will go live on the 6th of October. It is important that we plan for that eventuality. We are expecting to hear definitively from the European Union that ‘go live’ arrangement in the summer,” Tom Pursglove, UK Minister for Legal Migration and the Border told the committee.

The parliamentary committee is conducting an inquiry on the disruptions the system will cause in the UK.

Pursglove also said that “precautionary measures” have been agreed by the EU, that will be put in place in certain circumstances after the start of EES, for example if delays at the borders exceeded a certain length of time.

Guy Opperman, Under-Secretary of State at the Department for Transport, said that in practice this meant a “soft launch” of EES for 6 months before “a full go live”. During that soft launch EU member states and the UK could deploy flexibility measures should problems occur.

“The likelihood is, after multiple delays, that the 6th of October will proceed” and the implementation looks “very different” compared to previous scenarios considering the flexibility allowed in the first 6 months, he argued.

No details were given on what these “flexible” measures would involve however. 

READ ALSO: Your questions answered about Europe’s EES passport checks

He conceded that “a lot of work” still needs to be done but the UK “should be as ready as everybody” and “better be at front of the queue”.

App not ready

During the meeting, it also emerged that a much-anticipated app that would allow remote pre-registration of non-EU citizens subject to the checks will not be available for testing until August “at best”, prompting concerns about the EES launch date.

“You don’t need to be a sceptic about future projects to think that the provision of the app in August for going live in October is optimistic,” Opperman said.

Ministers confirmed that the app will not be ready in time for October and the committee previously stated it might be delayed until summer 2025.

The app will facilitate pre-registration, but photo and fingerprints will still have to be taken at the border in front of a guard, the committee heard.

READ ALSO: How do the EU’s new EES passport checks affect the 90-day rule?

Several MPs asked whether the entry into operation of the EES should be delayed again if technology is not ready. But Under-Secretary Opperman said the app “is not going to be a panacea to fix all problems”.

The main aim of EES is to increase security and to ensure that non-EU nationals visiting the Schengen area for a short-term do not stay more than 90 days in any 180-day period.

The entry into operation of the system has already been delayed several times and there have been calls from certain travel companies and national authorities to delay it again.

Under the new scheme, non-EU/EFTA travellers who do not need a visa will have to register their biometric data (finger prints and facial images) in a database that will also record each time they enter and exit the Schengen area.

Instead of having passports manually stamped, travellers will have to scan them at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are concerns the extra time needed will generate long queues, especially in Dover, Folkestone and St. Pancras station in London, where there are juxtaposed French and UK border checks.

Progress in preparations

Minister Pursglove also updated MPs on ongoing preparations. He said some testing of the system will take place within days, 5 kiosks have been installed at St. Pancras station and are available for testing. “You are beginning to see the physical infrastructure appear,” he said.

Kiosks and extra lanes are also being created at the port Dover and it was agreed with the EU passengers travelling by coach will be checked away from the Eastern dock, where controls usually take place, allowing to gain space. The vehicles will then sealed and drive on the ferries.

MPs also discussed the infrastructure cost linked to the introduction of the EES. Opperman said all EU countries will have to make “huge investments” in their ports. In the UK, he argued, this will help “address problems that have existed for some time”. Because of this “massive investment”, in a few years time “Dover will be totally transformed,” he said.

This article is published in cooperation with Europe Street News.

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