1

You stayed in Schengen more than 3 month, but, evidently, were not caught out. The Schengen-rules allow you to stay 90 days out of 180 in the Schengen-area. If you plan to go back to the Schengen-area, whether for the Oktober-fest or otherwise, within the 180days period, you have a fair chance that you are denied entry.

2

Since you say you did a summer in the schengen area working in the Greek islands, were you holding some sort of Greek working holiday visa? Or did you enter under the visa exemption that allows NZ and Australian nationals to visit the Schengen Area as a tourist for 90 out of 180 days (in which case you were working illegally)? What visa did you overstay?

when we left Italy through Slovenia to Croatia to do the sail we did not get stamped out of the schengen area or stamped into Croatia
Did you see immigration swipe your passports through a reader instead?

It was only three weeks ago that we left but there is no record on that or will they think we are in Croatia illegally??
Maybe, maybe not - that's not quite clear from what you've written here. If I were you I would definitely keep some proof (ferry/train/bus tickets, receipts from restaurants, hotels, shops etc) of when you were in which country.

Now we want to reenter the schengen area to do oktoberfest in Munich and not sure what will happen
We don't know that either. From what you've written here, it seems no one noticed your overstay in the Schengen Area and as long as you can show a boarding pass or any other document showing the date of your entry into Croatia you should have no problems exiting there either. But if your passport data and exit date from Schengen were stored electronically, you might as well be in trouble if immigration notices your overstay when you try to re-enter; you won't know for sure until you give it a try.

Edited by: Aribo

3

If you have had a visa it was surely a working visa and only for Greece as normally you dont need a visa?
But back to your question, the point is the date of your arrival as probably you come by plane and your passport was checked at the entrance - and scanned. This date is important. Count from the first, past, day of entrance + 90 days + again 90 days and you have the next date when you can come back again.

4

Theoretically, it's actually fairly clear what will happen.. You will be denied entry by most ports that check and stamp, if you attempt to enter before the 180 days is up. Without the exit stamp, they simply assume you used all your 90 days on your first visit.

Entering WITHOUT a stamp is risky, as it you are risking being labelled as an overstayer if anyone checks, as they can only take the first stamp as proof of entry.

You could of course turn up at a border before the 180 days are up and see what happens. You may be allowed in, you may not, I certainly wouldn't advise entering without having your passport stamped. After 180 days, you have no worries. The exit stamp is not a requirement for obtaining a new entry stamp, as there are so many lax borders that don't give exit stamps even if you ask.

You might find this thread interesting

http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=1841750

5

I don't understand the question being asked. Aussies and Kiwis don't need a visa for the Schengen zone.

As mentioned above, if you did have a visa it had to have been a work visa for Greece -- if not, then you were working illegally in Greece.

If you did have a visa explicit for Greece then nothing you say about overstay makes sense. The time spent legally in Greece would not count towards time in the rest of the Schengen zone.

The overstay would have to be for Greece, not for Italy-Slovenia-Croatia.

6

In this age of information it is not necessary to stamp your passport. Basically the passports are scanned, the results put into the Schengen-database and when you leave the passport is scanned again and compared to the information in the database. When you enter a second time the same will happen and possibly the system will tell that this person or these persons are in the Schengen-zone for more than 90 days or that the 180 days between the first entry and the one you plan to do have not yet passed and you'll be denied entry.

7

Hi guys,

Just a follow up to the thread. We were only in the schengen area on a 90 day tourist visa and no working visa for Greece. I left the Schengen area with no exit stamp after more than 90 days, actually 110 days. As they did not stamp they did not notice the overstay. The question was whether i would be allowed back in as in theory i was long over and couldnt start another 90 for 6 months from when i first entered. I took the risk anyway and took a train from Rijeka, Croatia, via Slovenia to Austria. Upon the border patrol checking my passport on returning to the Schengen area, they scanned it, he noticed no exit stamp and started trying to count the days. He seemed to just get lazy and stamped us back in with a new entry stamp.

Whether this gives me a new 90 days as i didnt have a first exit were not sure?.... As to my girlfriend on a NZ passport theoretically she has 90 days in each of the schengen countries as they have some kind of recipricol visa agreement. Hope this helps any1 in the future.

8

Hope this helps any1 in the future
You mean the fact that you got away with working illegally in Greece, or that you got away overstaying your 90 days as a tourist?

It's a shame how poorly some Schengen officials seem to enforce the rules and let people who work illegally and overstay their visa-free period get away with that.