Given the current economic situation many countries have tightened up their rules on immigration and what a few years ago would have just been a shrug of the shoulders now becomes a money making opportunity.

<i>so if I leave the country in the middle of my 90 days and go to a non Schengen a couple times to even out my extra "8 days"... does that get counted off of my total 90? How do they regulate that? I do plan to go to England and Ireland during my stay so if I add those trips up to 8 days should I be fine?</i>

This should work. You should get a stamp when exiting the Schengen zone and you should get a stamp upon entering the UK or Ireland. You will then get another stamp upon re-entering the Schengen zone. This should be ample proof.

Even if you overstay, I think the likelihood of anything happening is slim to none. I think the likelihood of detention to be even lower. Depends how risk-averse you are.

For any other scofflaws out there, I would suggest exiting via Copenhagen if you want to avoid unpleasant questions.

I would do the weekend trips to UK and Ireland to counterbalance the 8 days. We travel alot and my hubby has a CDN passport and over the last year immigration going out of a country and immigration on the other side has definitely tightened. His passport was checked VERY well on the trips to Italy, France, and Portugal before leaving the UK, on arrival in the countries, on the way out of the countries, and back in the UK. They have all scanned his passport, PLUS gone through every one of the stamps (and he has a lot as we travel very frequently). So they are definitely taking more notice of stamps. And all the stamps are European.

Do you really want to take the chance?

Oh and his passport always gets stamped on arrival and departure in schengen zones so its all very clear.

I haven't noticed much increase in passport checking, with the exception of AMS, where they seem to have stepped up a bit. Considering they used to barely check at all, anything is a step up. My recent entries into the UK seem to have been less of a bother than in the past. Denmark remains a formality, with no apparent interest in the stamps at all. CDG seems to be pretty lax, though I don't transit through there as often as the other countries above.

Isn't all that passport checking only done at airports. I've driven in/out and trained in/out of Switzerland and don't recall any border control at all. I also took a ferry once from England to France and don't recall any passport check there. So what happens if he takes train from Italy up to Switzerland for a few days. How can he prove that. Conversely, how can anyone prove he didn't do that.

Bottom line, OP should check with authorities and not just rely on other people's experiences.

Switzerland, although not in the E.U., is now part of the Schengen area. There are therefore no passport checks going into or out of Switzerland if you use a land crossing.

There are invariably checks going into or out of the U.K., and these have tightened in recent years. This is especially true for non-E.U. citizens, since I believe it is possible for an E.U. citizen to travel throughout the E.U. using just some form of I.D., if your country issue such a document. I think you can always return to your home country without a passport, provided you can prove your identity and credentials to the satisfaction of the immigration officer.

These rules are all designed to prevent people staying for extended periods, and maybe getting work. The rule is 90 days, so that what you have to follow.

How understanding would a U.S. immigration officer be about a European staying longer than allowable? Would a shy smile persuade him to bend the rules?

<i>How understanding would a U.S. immigration officer be about a European staying longer than allowable? Would a shy smile persuade him to bend the rules?</i>

Since there is no check of your passport upon exiting, the likelihood of getting caught is pretty much zero. Unless you try to work, get arrested for something else, or otherwise actively involve the government in your life, you could probably stay as long as you wanted.

Don't they issue I-94Ws anymore?

<i>There are invariably checks going into or out of the U.K., and these have tightened in recent years.</i>

I have never undergone exit control when leaving the UK. I don't believe it exists.

<i>Since there is no check of your passport upon exiting, the likelihood of getting caught is pretty much zero. Unless you try to work, get arrested for something else, or otherwise actively involve the government in your life, you could probably stay as long as you wanted.</i>

Yes, but tracking of passengers is now done electronically after the introduction of ESTA and end of I-94W stapled to your passport, so even if there is no physical passport check, your departure is logged electronically through passenger information (supplied by your airline to Uncle Sam) and your overstay will be recorded, ready to confront you next time you try to enter US.

<i>I have never undergone exit control when leaving the UK. I don't believe it exists.</i>

Yes there is, but done electronically (e-Borders). All airlines supply advance passenger information (API) to UK government, which in case of non-EU citizens is matched to your entry record ('counting in and out'), so if you overstay in UK, the fact is likely to be recorded on its system and will show up next time you try to come to UK or apply for a visa. Currently, API is compulsory on airlines and Eurostar, with ferries due to implement later this year.

<i>Don't they issue I-94Ws anymore?</i>

Pretty sure they went away with the ESTA. Though I guess that has the same effect and you would have to leave or risk getting flagged.

<i>Yes there is, but done electronically (e-Borders).</i>

Got you.

"and your overstay will be recorded, ready to confront you next time you try to enter US."

So what happens if you leave via a land border, ship or boat?

<i>So what happens if you leave via a land border, ship or boat?</i>

Land border crossings are linked to ESTA. If you leave US (legitimately) through a pleasure craft, general aviation etc without informing ESTA computer, then potentially you will have problems next time you try to enter US (like in the past when the airline forgot to collect your I-94W). You are then supposed to write to DHS office in Kentucky and enclose any documentary record of departure. After verification they can then update your record.
http://london.usembassy.gov/dhs/cbp/i94.html explains what you should do with I-94W, but I think the same procedure should be followed with ESTA.

A quick search seems to indicate that a number of Schengen countries including Greece, Switzerland and Germany are increasingly strict on visa overstays. You therefore risk being flagged on the SIS II (Schengen Information System II) which could make life difficult in the future should one want to go back to the Schengen space.

Be that as it may, just to add an additional perspective, here a quote from another travel board for your consideration:

"In point, the reason why people with US passports are able to travel so freely is because we don’t have a reputation for overstaying our visas. Each American who wantonally overstays their visa makes it more difficult for every other American to enter and exit countries who follow them. Indians have a difficult time traveling internationally because they have a reputation of working illegally and not going home, the reasons why it is hard for Mexicans to visit the USA is because they have a reputation of working illegally and not going home.

You are doing the same thing in Spain.

I get mail all the time about how Americans feel they must overstay their visa in Europe because they don’t have the money to go home, have fallen ill, or are in love. I have heard it all, and I am sure the immigration officials in the region have as well."