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90/180 day rule

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ncllws
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Posts: 1


« on: October 12, 2014, 11:49:28 am »

hi! i have a question about the 90/180 day rule. i took a vacation to europe in april, which started my 90/180 day limit in the schengen zone. after the weeklong vacation, i returned to the us. now i am back in europe and have been here since august.

i am wondering if, because i came here in april, my 180 day period will terminate this month, and then will my next 180 day period begin automatically? meaning that i can stay in europe for an additional 90 days without ever leaving?

really hoping someone has an answer to this!!!! THANK YOU THANK YOU THANK YOU!
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« on: October 12, 2014, 11:49:28 am »

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danisara
Sr. Member
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Posts: 280


« Reply #1 on: October 13, 2014, 08:12:17 am »

The 180 days in the 90/180 rule is a rolling 180 window. Upon entering the Schngen state, you look back 180 days and make sure you do not exceed 90 days. On the second day of your stay, you look back 180 days and see if you do not exceed the 90 days limit. On the third day of your stay, you agan look back 180 days ans see if you do not exceed the 90 days limit. See here for a sample 90/180 rule calculation:

I overstayed by Schengen visa?? HOW??? HELP!
http://www.maxi-pedia.com/forum/index.php?topic=562.msg1838#msg1838
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delboy1811
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Posts: 1


« Reply #2 on: October 23, 2014, 10:42:54 am »

to whom it may concern,

I have a 3 year Schengen visa with the 90 day rule.
Can I stay in the EU let's say for 89 days, leave to travel on biz to a Non Eu country then after several days return to the eu country with a renewed 90 days?

thanks
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robertarief
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Posts: 1


« Reply #3 on: October 24, 2014, 11:21:44 am »

Hi,

I hold a one year validity of Schengen visa with multiple entry from 6 Oct 2014 to 5 Oct 2015 type C with max 90 day stay within 180 days.
As per type of visa C, it allows me to stay 90 days from the first date on entry to Schengen.
I arrived on 7 October 2014 and plan to depart to my origin country on the 12 December 2014. It will mean a 36 days stay out of 90 days.

Then, I plan to arrive the same first Schengen country on the 27 March 2015 and stay for 50 days so the total stay would be 86 days, less than 90 days, from the first date of entry.

However, it will over the 180 days rule, but still within the validity of one year visa, as within 180 days takes me to the date of 5 April 2015. While I plan to stay from 27 March to 15 May 2015.

Alternatively, I will plan as follows:

Alt. 1. Arrival to the same Schengen country on the 27 March and departure on the 5th April 2015 to my origin country. Wait for another 90 days there until 5 July 2015 and arrive in the Schengen on 6 July and stay until 5 October 2015.

Alt. 2. Back to my origin country and stay there from 13 December 2014 to 14 March 2015 and arrive in the same first Schengen country on 15 March 2015 and stay for full of 90 day until 15 June 2015. Then back to my origin country again. Last, I may arrive in the Schengen country after 15 September 2015 and my stay until 5 October 2015 as the expiry date of my one-year visa.

Which one is correct ?

Thank you so much for kind assistance.









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danisara
Sr. Member
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Posts: 280


« Reply #4 on: October 24, 2014, 11:51:52 am »

I have a 3 year Schengen visa with the 90 day rule.
Can I stay in the EU let's say for 89 days, leave to travel on biz to a Non Eu country then after several days return to the eu country with a renewed 90 days?
The answer is no. The 90/180 days rule works in a way that today you look back 180 days and ask if you have spent 90 days in the Schengen zone, tomorrow you look back 180 days and ask if you have spent 90 days in the Schengen zone, and so on.
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steven
Full Member
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Posts: 223


« Reply #5 on: October 24, 2014, 12:22:12 pm »

I arrived on 7 October 2014 and plan to depart to my origin country on the 12 December 2014. It will mean a 36 days stay out of 90 days.
Then, I plan to arrive the same first Schengen country on the 27 March 2015 and stay for 50 days so the total stay would be 86 days, less than 90 days, from the first date of entry.
However, it will over the 180 days rule, but still within the validity of one year visa, as within 180 days takes me to the date of 5 April 2015. While I plan to stay from 27 March to 15 May 2015.

As from 18 October 2013 for the vast majority of the third-country nationals who intend to travel to the Schengen area for a short stay, the maximum duration of authorised stay is defined as "90 days in any 180-day period".

The notion of "any", implies the application of a "moving" 180-day reference period, looking backwards at each day of the stay, into the last 180-day period, in order to verify if the 90/180 rule continues to be fulfilled. Among others, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

When you calculate your dates, there are 106 days between your departure on 12 December 2014 and your arrival on 27 March 2015. So, on 27 March 2015, you start new 90 days period without the need to worry about your stay in October-December 2014.
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ash river
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Posts: 3


« Reply #6 on: November 12, 2014, 01:56:20 am »

need help i just got back here in philippines .. i stayed in france for 3 months from july to october 2014 but when i go to france embassy at the end of october for another visa application they refuse to accept my application ..the reason is i just got back and its imposible for me to apply and go back at france on november.. they said i need to wait for another 6 months to go back there.please help.
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steven
Full Member
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Posts: 223


« Reply #7 on: November 13, 2014, 10:14:16 am »

need help i just got back here in philippines .. i stayed in france for 3 months from july to october 2014 but when i go to france embassy at the end of october for another visa application they refuse to accept my application ..

See the answer in your other post. No need to post twice.
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