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90/180:Embassy official says that trips out of Schengen in between doesn't count

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janny27
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Posts: 1


« on: December 20, 2016, 11:41:24 am »

Hello everyone,

So here's my situation: I'm a Malaysian planning to fly to Greece in spring to study the language. Taking into account school duration, travel and rest time, I'd end up staying for about 93 days, and that will be reflected on my return ticket.

Buuut, there will be a trip to Albania (non-Schengen) in between for about 4 days.

Most people tell me that the trip to Albania would knock off 4 days from the 93 days making it 89 days, so I'd be safe. And people have done visa runs like this before.

However, I called the Greek and even the Dutch embassy (because they're Schengen too) and they said that "It's still 93 days. The trip in between doesn't count because the counter starts from day of arrival."

Any thoughts?

Thank you!
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« on: December 20, 2016, 11:41:24 am »

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porsche
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Posts: 186


« Reply #1 on: January 02, 2017, 04:43:04 pm »

The seccond opinion is correct. The 90/180 rule is explained in The Schengen acquis, Title II, C H A P T E R 3, Visas, SECTION 1, Short-stay visas, Article 11, paragraph 1 (a) as follows:

Code:
(a) a travel visa valid for one or more entries,
provided that neither the length of a continuous visit
nor the total length of successive visits exceeds three
months in any half-year, from the date of first entry;

You take your day of planned departure from Greece and look back 180 days. If you had stayed within Schengen zone for over 90 days, you have overstayed. You can see that the 4 days in Albania do not help you in this regard, unless they are at the very beginning of your Greek stay.

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