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Schengen Confusion

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llenrocip
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Posts: 2


« on: October 23, 2015, 09:59:18 am »

I am in this really weird situation that I don't understand. I had Schengen visa (for business in Denmark) that was valid for 2 months ( and I stayed for 2 months - 66 days) and is now no longer valid. A week later, I applied for another visa to Spain (family) and was supposed to just stay for 14 days but the Spanish embassy gave me a 2 month valid visa with a maximum duration of 45 days (which obviously is over the 90/180 day rule). A month and a half later, I now need to go back on a business trip to Denmark. My Spanish Schengen visa will only be valid until a few days that I'm supposed to arrive in Denmark so I plan to apply for a new Schengen visa with the Danish embassy. My questions are:
1. Is the validity/allowed number of days in a Schengen visa more legitimate than following the 90/180 rule?
2. Why would the Spanish embassy allow me 45 days - knowing that I just spent 2 months in Denmark?
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« on: October 23, 2015, 09:59:18 am »

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danisara
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Posts: 280


« Reply #1 on: October 23, 2015, 02:54:04 pm »

It is true that 66+45 is more than 90, however note that the 90/180 rule is a moving time frame. I do not know your exact dates, but it is possible that your visa might be correct. See here for a sample Schengen visa 90/180 rule calculation: http://www.maxi-pedia.com/forum/index.php?topic=562.msg1838#msg1838 . If you calculate your stay with the help of this example, does the visa still appear not to be correct?

It can't be said which of those two, whether the 90/180 rule or the validity/duration on the visa precedes. When the embassy issues the visa, they do not know for sure when exactly you enter the country (you provide your itinerary, but it can change), so they do not calculate the 90/180 rule for you. It is up to you. You need to satisfy all three, the validity of visa, the duration of your stay allowed by the visa as well as the 90/180 rule.
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llenrocip
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Posts: 2


« Reply #2 on: October 24, 2015, 07:01:54 am »

It is true that 66+45 is more than 90, however note that the 90/180 rule is a moving time frame. I do not know your exact dates, but it is possible that your visa might be correct.

First visa valid - 26-06-2015 - 03-09-2015 - stayed for 65 days allowed 68 days
Second visa valid - 11-09-2015 - 09-11-2015 - stayed for 14 days allowed 45 days

Let's see what happens when I submit my passport for application for new visa. *finger's crossed*
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danisara
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Posts: 280


« Reply #3 on: November 11, 2015, 04:44:36 pm »

Ok, let us know if you were lucky.
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