how to check illegal stay in Schengen? mobile phone use logs

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Joined: 03 Nov 2014, 10:48

how to check illegal stay in Schengen? mobile phone use logs

Postby hello2world » 03 Nov 2014, 10:50

Dear all,

I'm from South Korea. I am staying in Italy for more than one year illegally as a traveler (Koreans are granted to stay without visa for 3 months) and even used my mobile phone of my identity here (precisely a sim card that I bought with my passport). I would like to know if the Italian authority can check my whole (including illegal) stay history in Europe when I apply for a visa to Italy.

Theoretically, I can claim that I was traveling around Schengen area because there is no passport control, and no logs remain. Also I went from Italy to Croatia once, and when I entered Schengen area again, there was no passport control fortunately. (So there is a log that I left Schengen area, but no log to enter here.) And soon I will leave for Korea from Italy. (So my passport will have logs like this: Korea-->Italy, Italy--> Croatia, and after one year, Italy-->Korea.) Regarding the rule that I shouldn't be in Schengen area for more than 3 months, I may claim that I was in those countries where a bilateral agreement has priority than the Schengen agreement.

But the problem is the mobile phone. I bought the sim card with my passport so that if the authority want to check, they may see the fact that I used the phone continuously in Italy.

Will they check mobile phone use logs? Will they reject my visa application because of the phone usage or unclear passport logs?

Best regards.

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Re: how to check illegal stay in Schengen? mobile phone use

Postby arturo.c » 23 Nov 2014, 16:20

When you leave Italy they will check your passport at the airport and will very likely find an exit from the Schengen area but no entry stamp, meaning that you have stayed illegally, and therefore they could record your exit and put a stamp in your passport barring you to return to the Schengen area for a certain number of years.
If I were you, I would consult with an Immigration lawyer to see if you could be eligible for the terms of the 2012 amnesty for visa overstayers.

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