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90/180 day rule on different visa

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sharath
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Posts: 1


« on: April 18, 2017, 01:09:51 pm »

Hi ...

I'm confused with the 90/180 day rule when it is being checked between 2 visas  Huh  Huh

Short Term Business Visa issued by Germany:I have stayed in Germany from 6th Feb 2017 to 16 Feb 2017 (11 days) and then from 27 Feb 2017 to 17 Mar 2017 (19 days) - 2 visas where both were for single entry & duration of stay have expired

Short Term Business Visa issued by France: This is valid for 90 days over a 2 year period from 24th Mar 2017 with multiple entry. I'm staying in France from 29th Mar 2017 and planning to stay until the 23rd June 2017 (87 days).

On 23rd June 2017, the corresponding 180 day period would be 25th Dec 2016 to 23rd June 2017.

My Question to this forum is:
1. Does the stay in previous Visa count for 90/180 day rule?
2. If yes, By what date should I be leaving the schengen state without violating the 90/180 day rule
3. If no, is there any reference that i can use

Would also appreciate if anybody could redirect me to a similar thread, if any.

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« on: April 18, 2017, 01:09:51 pm »

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danisara
Sr. Member
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Posts: 259


« Reply #1 on: April 20, 2017, 12:33:02 pm »

My Question to this forum is:
1. Does the stay in previous Visa count for 90/180 day rule?
2. If yes, By what date should I be leaving the schengen state without violating the 90/180 day rule
3. If no, is there any reference that i can use

The 180 days period according to the 90/180 rule is a moving time frame, it does not get reset with a new visa or at some specific date. The 90/180 rule (90 days allowable stay per 180 days) is defined 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), see a quote in this post:

Schengen visa 90/180 rule (Schengen Acquis)
(http://www.maxi-pedia.com/forum/index.php?topic=1092.msg2847;topicseen#msg2847)

So, yes, all stays in current or previous visa count towards the 90 days limit. In your case, you have

11 days between 06/02/17 and 16/02/17
19 days between 27/02/17 and 17/03/17
87 days between 29/03/17 and 23/06/17

This gives you a total of 117 days of stay in the 180-days period from 26/12/16 to 23/06/17 and 27 days of overstay in the period from 28/05/17 to 23/06/17. A departure from France on 26/05/17 would put you on the safe side.

Cheers.
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