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Problem applying 90/180 days rule... Help!

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Posts: 1


« on: January 18, 2012, 12:04:47 pm »

Hi,
I'm an Italian guy and my girlfriend is Serbian. I have some problems to apply the 90/180 days rule and I hope you can help me.
In summer 2011 she came in Italy on June 24th and returned to Serbia on August 27th. Then she came again in Italy about a month ago on December 25th 2011 and she will leave on January 21st 2012.
I'd like to know when she we'll be allowed to travel to me the next time according to the 90/180 days rule. I think that on March 21st 2012 she could return legally... am I right?
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« on: January 18, 2012, 12:04:47 pm »

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danisara
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Posts: 280


« Reply #1 on: January 25, 2012, 05:18:38 pm »

I think she can be back immediately, not for long though.

She left on January 21st. If you count 180 days back, you get back to roughly July 21st. How many days has she used up within that period? Some 36 days in July/August and some 27 days in December/January. So on January 21st, she has used up a total of roughly 36+27 days which is 63, less than the 90. She could have stayed longer, or she can come back immediately.

Agree?
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hola
Newbie
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Posts: 3


« Reply #2 on: April 23, 2012, 09:38:02 pm »

Hi everyone.
My question is:
You are only allowed to spend 90 out of 180 days in a Schengen Country, however some borders are started to imply fines by motivation that despite staying 90 days or less in a Schengen Country you must be in your country of origin in 180 days from your first entry (even if in 180 days you may have spent 5 days in a Schengen Country).
Is this written somewhere?
Pleaseeee help
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danisara
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Posts: 280


« Reply #3 on: April 24, 2012, 02:32:16 pm »

despite staying 90 days or less in a Schengen Country you must be in your country of origin in 180 days from your first entry (even if in 180 days you may have spent 5 days in a Schengen Country).

I do not quite follow, can you rephrase the question, please?
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hola
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Posts: 3


« Reply #4 on: April 24, 2012, 03:56:48 pm »

despite staying 90 days or less in a Schengen Country you must be in your country of origin in 180 days from your first entry (even if in 180 days you may have spent 5 days in a Schengen Country).

I do not quite follow, can you rephrase the question, please?


The problem is that the situation is sort of unclear to me as well and I was wondering if there is a legal written background about this.
A friend of mine got a fine (monetary) and the situation was the following:
She first entered the Schengen Zone in January 29th, 2011(stayed 2 days)
In July, 2011 she spent 2 weeks in the Schengen zone and re entered the country July 30th,
She got a fine because 6 months from her first entry January 29th, she wasn't in her country of origin, instead she entered 1 day later thus she did not exceed the 90/180 days rule. She stayed 17 days in the Schengen Zone, from her first entry in Jan. 29th
On the other side
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danisara
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Posts: 280


« Reply #5 on: April 27, 2012, 10:40:28 am »

This is very weird. The 90/180 rule only says that you must not spend in the Zone more than 90 days within any 180 days. That is all. Getting a fine for not being out of the Zone for 180 days since last departure (or last arrival) would prevent people from coming and going, and it would be a total nonsense. I bet there must have been something else in the fine. Has your friend received any letter or written explanation in regards to the fine that was paid? Has she spent any time in the zone in 2010?
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George
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« Reply #6 on: April 27, 2012, 02:02:37 pm »

Hi all
Help please urgently!!

I entered to Schengen zone on November1 2011 - 7 January 2012=68 days.
After 94 days I made my second entry is on 10 April 2012 .
My question is can I stay 90 days starting from 10 April because I was out for more than 90 days or I can stay only 22 days, and go out as soon as first 90 days are over on May 3 ?

Many thanks in advance

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hola
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« Reply #7 on: April 27, 2012, 02:54:51 pm »

This is very weird. The 90/180 rule only says that you must not spend in the Zone more than 90 days within any 180 days. That is all. Getting a fine for not being out of the Zone for 180 days since last departure (or last arrival) would prevent people from coming and going, and it would be a total nonsense. I bet there must have been something else in the fine. Has your friend received any letter or written explanation in regards to the fine that was paid? Has she spent any time in the zone in 2010?

she wrote a letter of complaint to the Ministry of Foreign Affairs and to the European Commission as the fine was considerable (600 eur) where she claimed that she was not aware of this regulation because no one made it available to read or see and as far as I am concerned none of us was. EC has not responded yet and our Ministry of Foreign Affairs responded with a formal letter, confirming the motivation of the fine as I described it and saying this was not the first time they received such complaints. Go figure!
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danisara
Sr. Member
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Posts: 280


« Reply #8 on: May 07, 2012, 08:26:32 am »

Wow, this is really weird. Would you mind posting a copy of the letter from the Ministry of Foreign Affairs here? (You can send it via a private message to me if the form does not allow you to post a picture.)
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porsche
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« Reply #9 on: May 07, 2012, 08:34:41 am »

she wrote a letter of complaint to the Ministry of Foreign Affairs and to the European Commission as the fine was considerable (600 eur) where she claimed that she was not aware of this regulation because no one made it available to read or see and as far as I am concerned none of us was. EC has not responded yet and our Ministry of Foreign Affairs responded with a formal letter, confirming the motivation of the fine as I described it and saying this was not the first time they received such complaints. Go figure!

Try to read through the Schengen Acquis, perhaps you can find there something related to this, but neither I am aware of such regulation.

Code:
http://consilium.europa.eu/uedocs/cmsUpload/SCH.ACQUIS-EN.pdf

Maybe some special interpretation by the Ministry of Foreign Affairs with the goal of improving their budget. Shocked)
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s4sidd@gmail.com
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« Reply #10 on: May 18, 2012, 01:51:23 pm »

Hey Guys,

Is it possible to have a Schengen Visa without the hotel bookings for the whole trip. As in I got the tickets, my credit limit is decently huge, my bank a/c is quite respectable, and I have traveled 5-6 countries across Asia and Africa.

I am planning to Travel Italy, Switzerland, Germany, Benelux, France and Spain in close to a month.

The question is will it be possible to get a Visa without hotel bookings, as we are planning to stay in hostels and travel impromptu? Please help me out, Thanks in advance.

What are the hassles that I may face?
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danisara
Sr. Member
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Posts: 280


« Reply #11 on: May 20, 2012, 06:56:13 pm »

Yes, it is possible. However, if you can show them your itinerary supported with travel tickets and hotel reservations, it may go smoother. You can make hotel reservations without paying first. You can cancel them after you get the visa.
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