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1 year tourist visa: Does the "visa duration/year" trump the "90/180 days" rule?

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mozguc
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Posts: 1


« on: October 19, 2015, 05:54:25 pm »

First, I understand the 90/180 days rule  Smiley

Suppose you have a multiple entry, 1 year Schengen tourist visa, with a duration of 90 days.

1) Theoretically, can you stay in Schengen more than 90 days in a year (observing the 90/180 rule, you can stay up to 180 days in a year), or between your visa dates (1 year period) your max stay is 90 days, no matter what? (until you get another tourist visa perhaps)

2) If the answer is 90/360, practically speaking, is this enforced as much as the 90/180 rule?

Related: I know enforcement depends on many variables, but let's assume all those are the same. Can you rank the enforcement/seriousness of the cases below:

A) Departing from Schengen AFTER the visa expiration date, regardless of duration spent in Schengen
B) Obeying the 90/180 rule AND the visa expiration, but staying in Schengen longer than the allotted days (90 in our example) in the visa validity period (1 year in our example)
C) Breaking the 90/180 rule,  which probably automatically includes case B as well.


3) "Bonus question" about dual-citizens: In practice, does 90/180 apply to the individual or the passport?
I assume if both passports are of third country nationals (meaning requiring visa), then since they are giving biometric info at the entry, they can be cross referenced easily. But if one or both passports don't require visas, then no biometrics are collected, and even though the passports themselves contain biometric info, they probably aren't cross-referenced (assuming due to anectodal evidence from friends. Asking for more anectods or accurate policy info).

Thank you
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« on: October 19, 2015, 05:54:25 pm »

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Prarthna
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Posts: 3


« Reply #1 on: October 23, 2015, 11:02:00 am »

Dear All,
I seek your advise in letting me on below:
I currently reside in Brussels on a work assignment and I am here from may 2015 holding a valid visa ,work permit and residence permit until may2016.
I had applied for my parents visa visa for a period of 60 days to stay with me by sending them a commune invite stating that I have a rented accommodation until next year April where they can reside with me during their period of visit.I had sent all necessary documents as mentioned in their checklist along with their application along with their to and fro flight tickets but unfortunately their visas were refused with below mentioned reason

The visa is refused on the basis of artikal 32 of vcerordening (EC) No 810/2009 of the European Parliament and the Council of July 13, 2009 establishing a common code.

 

* You have not been shown to have sufficient means of subsistence, both for the duration of the intended stay and for the return to their country of origin or residence, or for the transit to a third country where you will be admitted with certainty, or to be in the position to acquire such means lawfully,

- Coverage is inadmissible: the guarantor does not have an unlimited residence in Belgium.

- No or insufficient evidence of financial coverage for the stay.

The reimbursement is not accepted. Also has concerned does not have sufficient financial resources to the submitted bank account to fund the travel and accommodation of himself and his wife (94 853) in Belgium.

Your intention to leave the territory of the Member State before the expiry of the visa could not be ascertained

Concerned offer no or insufficient guarantee of return considering he may never previously traveled within the Schengen area and also wish to be in the company of his wife (94 853) making him perhaps no family interests has increased its country origins.

I wish to submit an appeal with below additional documents proving their subsistence.

o Business registration certificate / Partnership Deed / Proof of proprietorship, or other proof of ownership
o Last 3 month’s personal & business bank account statements
o Company’s Income Tax Return for the last 2 years
o Documents showing the property ownership

Kindly help in guiding with the appeal along with how the same can be applied.I wish to understand what they mean by a registered letter,can an appeal by directly send via a post to above stated address in Belgium.

Regards,
Prarthna
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porsche
Full Member
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Posts: 203


« Reply #2 on: October 23, 2015, 02:38:08 pm »

See here for a sample 90/180 rule calculation, I hope that will explain the topic. 90/180 Schengen visa rule (http://www.maxi-pedia.com/forum/index.php?topic=562.msg1838#msg1838).

Departing from the Schengen area AFTER the visa expiration date is a more serious infringement than failing the 90/180 rule. It is also more visible. Departing from the Schengen area after the visa expiration date can be seen at a first glance. To spot failing the 90/180 rule, you have to do the math or look into the system.
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danisara
Sr. Member
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Posts: 280


« Reply #3 on: October 23, 2015, 02:59:38 pm »

Prarthna, please, do not post your questions multiple times. Here is another pretty long thread on Schengen visa appeal, feel free to review it, hope it helps.

http://www.maxi-pedia.com/forum/index.php?topic=555.msg1824#msg1824
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