Illegal stay of American citizens – is that possible? What changes with the EES System

The Entry/Exit System (EES) became operational on 12 October 2025.

Its implementation across external borders is gradual, with full rollout expected by 10 April 2026*.

During this transition period, biometric data (such as fingerprints and facial images) may not yet be collected at all border crossings, and travelers’ information might not always be fully registered in the system.

You can find more details about EES on the official EU website:
https://travel-europe.europa.eu/ees

*April 2026 might not be the final date. European Comissions decides to agree for “partial suspension” of EES due to the high traffic during summer time (for 90 days after April 9, with an optional 60-day extension —ending no later than early September 2026). You can find more information here.

The implementation of the EES requires uniform treatment of all third-country nationals across the entire system.

Previously, citizens of countries such as the United States, Brazil, Chile, Argentina, Israel, Japan, and Honduras were often allowed to enter the Schengen Area for 90 days per visit without strictly following the standard rule of 90 days within any 180-day period.

Some of these allowances were based on

 between individual Member States and third countries, which could extend the permitted period of stay beyond the usual limits.

A full list of such agreements, in accordance with Article 20(2)(b) of the Convention implementing the Schengen Agreement, can be found here.

Those bilateral agreements were signed before Poland joined Schengen, which is why they remained in force.

If EES system might have impact on rules prescribed by those bilateral agreements?

According to the Polish Border Guard, the implementation of EES means that:

• Bilateral agreements extending the permitted stay will no longer apply in practice

• The 90/180-day rule will now apply consistently to all third-country nationals

This represents a significant shift from previous practice, where certain nationalities could rely on bilateral agreements to extend their stays beyond standard Schengen limits.

Importantly, this change may affect both travelers planning to enter Poland and those already staying in the country, as their legal status could be assessed under the new uniform rules.

At the same time, such information is not clearly communicated on official Polish government websites, which creates uncertainty and increases the risk of misunderstanding the applicable regulations.

For this reason, it is particularly important for travelers to carefully verify their individual situation and ensure compliance with the current rules.

To clarify the situation, we contacted the Polish Border Guard regarding individuals already in Poland or planning to travel.

Their response:

“In the case of border checks (including registration in the EES system) for US citizens, previous stays in Poland should be treated as stays under separate regulations arising from bilateral agreements between Poland and the US.

October 12, 2025, should be considered a ‘new opening’ date, initiating a new (first) period of permissible short-term stay under EU law, which cannot exceed 90 days in any 180-day period.”

To sum up:

October 12, 2025 resets the clock for short-term stays under EU rules.

• From that date forward, the 90/180-day rule strictly applies
• Previous stays under bilateral agreements are treated separately

You should carefully review your travel history and current status because:

• You may be denied entry at the border if you exceed the allowed stay
• If you are already in Poland and apply for a residence permit after exceeding your legal stay, your application may be:
  • Rejected
  • Followed by a return (deportation) decision

However, travelers should remain mindful that this interpretation applies specifically to Poland and may not extend to time spent in other Schengen countries, where standard Schengen rules would still apply.

As implementation details may evolve, it is advisable to monitor official updates and confirm individual circumstances before making travel plans, particularly for those intending to remain in the Schengen Area for extended periods or to travel between multiple member states.

Before traveling to Poland – or if you are currently staying there – make sure your stay complies with the new rules. The transition to EES may have serious legal consequences.

If you need any assistance, contact us.