Layover in International Terminal in MUC after flight from Schengen Zone considered out of Zone?

Two basic principles:

• You don't exit the Schengen Area until you complete exit passport control, which leads you to the airside gate area. On this itinerary, you will do this at Munich airport.
• Any part of a day spent in the Schengen Area counts as a full day.

Therefore, if you pass through exit passport control in Munich at any point of the 91st day of your stay, that entire day counts and you are overstaying.

In order to not overstay then, you'd have to pass through exit passport control in Munich on the 90th day before midnight, and then stick around in the airside gate area until your flight departs. I am guessing this could be quite a long while as I don't think there are any flights to the US that depart shortly after midnight (since any such flight would land in the US in the absolute middle of the night.)

When are your flights?

Thank you for your response Andrew! My flight is at 4:00 PM the 91st day. Originally my flight was at 10 AM but the airline switched the schedule. I am fine with waiting however long is necessary if I go through passport control on the 90th day until my flight leaves, just as long as it's legal for me to wait by the airside gate?

I realized my flight times weren't very specific. I fly from ALC to MUC and arrive at 8:30 PM. Then I leave MUC to DEN the next day at 4:00 PM.

Any possibility you will be leaving the Schengen during your 90-day stay. A quick weekend stay in a non-Schengen country would be solve the 90-day problem.

I’d suggest as Elizabeth notes that you reduce your time in Schengen by taking a weekend trip somewhere else (e.g., UK, Ireland, Morocco). Alternatively, change your flight to leave a day earlier. If for any reason your flight is delayed or canceled, you could end up overstaying.

Originally my flight was at 10 AM but the airline switched the schedule.

Since the airline changed the schedule on you, you should be eligible for a no fee change. You could see if they could get you on if you on an alternate flight that is within the 90 days, Do your research before you call to see what other flight options there might be.

Thank you for the suggestion Elizabeth! Unfortunately I am already leaving for a few days to gain the days so I can make it to the end of my study program, I'm in contact with the director to see if it's possible for me to be gone one more day but I haven't received a firm answer.

If at all possible, contact your airline and try to fly out a day earlier. You are entitled to a free change of flights because they changed your original booking. As it stands, you are in a very precarious position, and any other delay or cancellation leaves you vulnerable to some very unpleasant penalties.

If you are on a study program, don't you have s student visa?

Have you used this ( or similar) to calculate your permissible days?
https://ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=en

You want to be sure you are counting correctly, as you have left yourself no margin for error.

Unless you can find it in clear written format, I would not plan on being able to clear security and passport control 20+ hrs ahead of your flight

Unless you can find it in clear written format, I would not plan on being able to clear security and passport control 20+ hrs ahead of your flight

Quoted for emphasis. This is a super-important and insightful point!

A few points to reiterate:

You will not be allowed through passport control the day before your flight to the US.

You have left no margin for error. If your flights are canceled and you are moved to another day, that is no excuse for overstaying.

If you overstay because you "think" you have a plan, the penalty can be a hefty fine AND being banned from all Schengen countries for up to 10 years.

You need a student visa, which your program should be helping you obtain.

We never suggest I tourists cut it this close,; accidents and other emergencies can pop up. Penalties for overstaying can be severe. Luckily, you aren’t a tourist.

You have a reason for a visa. What did the consulate or embassy of the country where your program is located say to you?

ALC is the code for Alicante airport, in the southeast of Spain.

Good luck! The director of your program is not going to be any help on this type of issue. Hopefully the passport control officer when you depart the Schengen Area is in good humor on the day you depart and lets you slide through! Otherwise you need to make alternate arrangements as soon as practical.

I suggest you take it seriously. Schengen has been around for decades now, more than enough time to learn the rules. You may get a fine, temporary ban on entry to all Schengen states and your overstay will remain on the record meaning it may impact your ETIAS authorization when it becomes operational.

The assumption posters are making, that Ella is subject to the 90 rule and not under a student visa, is probably false.

Ella is the one who introduced the 90-day discussion, so presumably it's relevant to her.

Thanks to everyone for all your help! I super appreciate it. After talking to the director I was able to miss classes one day and stay in the UK an extra day giving me the right amount of days. And FYI, a spot in the program opened up very late for me so I was told it would be too late to apply for a student visa.

Presumably you are aware of the UK ETA program?
https://community.ricksteves.com/travel-forum/ireland/uk-eta-needed-from-january-for-american-citizens

so glad things working out