How does the Schengen 90/180 rule work?

  • I have searched the web a lot and could not find an answer that fits my situation. Here are two links that are quite contradictory:

    My situation:

    I've visited Portugal in December 2012 for 29 days on a Schengen visa valid from December 1st, 2012 to February 1st, 2013 for research purposes (I am a Ph.D. student). I want to visit Sweden from February 10th, 2013 to May 10th, 2013 (89 days). I have applied for a Schengen visa again (for research). How will the 90/180 rule work in my situation?

    What type of visa did you apply for for research?

    Was it Schengen Type (C) visa?

    There are two websites which can help work out these kind of 90/180 visa rules in this older question: **How to calculate stays against 90/180 visa rules?**

    @Karlson I applied for a Schengen visa, but where it says "Purpose", i checked "Others" and mentioned "Research" in "Please specify". I always do that

    @HaLaBi Yes. The form doesn't ask whether I want a 'C' or a 'D' type visa. Here it is:

    @hippietrail The links do not help me, as they don't mention if the calculated period is over a single visa or multiple visas.

    As I understood it, the 90/180 rules is about when you're allowed to enter / when you must leave - it's not about whether you have one or several visas.

    So, in may case, would you say that I can enter on Feb 10, 2013, but will have to leave after spending 90-29 (days I spent in December in Portugal) days.

    @user4165 What type of Visa did you Receive for Portugal? And have you visited the consulate yet?

    @Karlson I received a type 'C' Schengen visa. No I haven't visited the consulate.

    This question is cross linked everywhere but it's answers aren't very helpful.

    @TimoHuovinen can you formulate a more helpful answer?

  • Relaxed

    Relaxed Correct answer

    8 years ago

    Prometheus's answer was originally correct but the Schengen Borders Code has been amended by Regulation (EU) 610/2013 to counter the court's interpretation.

    As of October 18, 2013 your stay should be “no more than 90 days in any 180-day period”. In particular, you should have been present less than 90 days during the past 180 days when leaving the Schengen area. Information about this is available on the website of the the EU commission along with a calculator.

    Also note that the new rules are in principle not applicable to citizens from the following countries: Antigua and Barbuda, The Bahamas, Barbados, Brazil, Saint Kitts and Nevis, Mauritius, and Seychelles. For these countries the old rules still apply because the visa waiver agreements still contain the older definition.

    In any case, the rule always applies to a person. It does not matter if you have several passports, Schengen visas or nationalities.

    Unless of course one of those nationalities is of an EU or Schengen country.

    @phoog Well, yes of course but in that case you wouldn't get a Schengen visa or be concerned about all that at all.

    Perhaps, but many people seem to think that if a dual national enters a Schengen country on a non-Schengen passport, even though their other nationality is of a Schengen country, that they must therefore abide by the 90/180 rule. My comment was intended to contradict that belief.

    @phoog Yes, I have heard such stories too, good point!

    @phoog a dual national entering the EU on the wrong passport would need a schengen visa too so of course the rule would apply. But why would they ever do that?

    @JamesRyan Not necessarily, many third country nationals do not need a visa so you might be tempted to use another passport e.g. if you have no time to renew your EU passport. I assume that that's the kind of scenario phoog had in my mind. I still don't think you would be under any obligation to leave the Schengen, even if you actually went to the trouble of obtaining a Schengen visa and used it to enter but that's of course very unlikely to happen in practice.

    @JamesRyan Relaxed is correct. This is how it would work for a dual national who had entered the Schengen area on the "wrong" passport: Officer: You have been in the Schengen area for more than 90 days in the last 180. Citizen: You are concerned because I used my non-EU passport when I last crossed the border, but I am an EU citizen. Officer: Have a nice day. This has actually happened to my mother, and she's not even an EU citizen; she's just married to one.

    @phoog one instance does not mean thats how all countries/officers will treat it. Many have rigid or automated systems that will count that as an overstay and reject you the next time you try to use the wrong passport. Yes you may be able to get it sorted out in the end but when you are creating unnecessary admin for them don't expect them to make things easy for you. The best idea is to plan to use the proper passport.

    @JamesRyan true, but a cursory glance at the case law on the matter makes it clear that the ECHR would never support restrictions on freedom of movement for an EU citizen, regardless of what passport they use to enter the country, as long as they can prove their European nationality when someone is trying to restrict their freedom of movement. There could be administrative headaches, sure, for using the wrong document, but legally the 90/180 rule cannot apply to anyone who enjoys freedom of movement, regardless of the country.

    @phoog You mean the EUCJ, right?

    Could you make this a community wiki as well? :)

    The 180 day period count starts 180 days before the date of entry to the country.

License under CC-BY-SA with attribution

Content dated before 7/24/2021 11:53 AM