Traveling in the Schengen Area for Christmas and New Year Holidays: beware of overstaying!

The Christmas and New Year holidays are among the most popular times to travel in Europe. Christmas markets, illuminated cities, cultural events, and New Year’s parties attract thousands of visitors from non-EU countries every year. However, anyone planning a stay in the Schengen Area must pay particular attention to an often overlooked aspect: respecting the allowed length of stay and the risk of overstaying.

How long can you stay in the Schengen Area?

Schengen rules apply to all non-EU citizens, regardless of whether a visa is required. Citizens of certain nationalities can enter without obtaining a visa in advance, while others must obtain a visa for Italy or another Schengen country before departure. In both cases, the rules are the same: a maximum of 90 days of stay within a 180-day period, calculated using a “rolling” system.

This means it is not possible to “reset” the count by quickly leaving and re-entering the Schengen Area. Exceeding the limit by even a few days can have serious consequences, especially during periods of high tourist traffic such as Christmas and New Year, when controls are more stringent.

Why overstaying is a real problema

Many travelers, caught up in the excitement of the holidays or last-minute unexpected events, may be tempted to extend their stay beyond the allowed period. It is important to know that border authorities have advanced computerized systems that record entries and exits, making overstaying easy to detect.

Whether a person is a tourist, entered with a Schengen visa, or is exempt from the visa requirement, exceeding the allowed period is still recorded and registered.

Possible consequences of overstaying

Penalties for overstaying are not the same in all Schengen countries, but they can be particularly severe. The most common consequences include:

• Fines, the amount of which varies depending on the country where the violation is recorded
• Ban on re-entry into the Schengen Area for one or more years, especially in cases of prolonged irregular stay
• Immediate expulsion, with forced return to the country of origin

The situation can worsen further if, during the overstay, the person has carried out work without authorization or a valid residence permit. In such cases, in addition to administrative sanctions, criminal proceedings may be initiated.

Attention to visa and residence permit

It is essential to distinguish between a visa and a residence permit. A visa for Italy allows entry into the country but does not automatically authorize staying beyond the allowed limits. For long-term stays, for work, study, or family reunification, it is essential to apply for a residence permit within the deadlines established by law.

Staying in Italy or another Schengen country without a valid residence permit constitutes an irregular stay, even if the initial visa was issued correctly.

How to avoid problems during the holidays

To enjoy the Christmas holidays peacefully, it is advisable to:

• Accurately calculate the days already spent in the Schengen Area
• Plan the return with a safety margin
• Check in advance the conditions of your visa for Italy or the type of residence permit required
• Do not rely on possible extensions: they are rare and granted only in exceptional cases

Conclusion

Traveling in the Schengen Area during Christmas and New Year can be an unforgettable experience, but only if done in full compliance with the rules. Overstaying, even unintentionally, can compromise future travel opportunities and create serious legal problems. Information, planning, and attention to deadlines are the keys to a safe and trouble-free stay.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.