how they kno illegal stay in Schengen? mobile phone use logs

[hello2world]

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.

[the hurricane]

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.

Unfortunately, you have been misinformed. First of all, you should have gotten an entry stamp on your passport , which shows your entry in the EU, and this entry stamp is automatically registered in the system. So, as a Korean national you can only stay in EU for max. 3 months ( 90 days). So, obviously when you are leaving the Schengen area it will show that you breached the 90 days rules. Hence, there will be consequences for that ( not sure what type of penalties exist for breaching the visa rule). It doesn't matter whether you have been travelling around the EU, the whole point is that you didn't leave the EU. You shouldn't worry much about the sim card much even without that they will be able to see that you breached the 90days rule . Good luck
Will they check mobile phone use logs? Will they reject my visa application because of the phone usage or unclear passport logs?

Best regards.

[charlson_]

not sure if they would go that far...that sounds a bit too engaging if they do this kind of check for everyone applying for a visa. But cannot tell you for sure...