Can't stay in Schengen zone more than 3 mos in 6 mos following first entry
Recently we've had questions about whether one can legally stay in one of the 25 "Schengen zone countries" (see list below) for more than 3 months.
Because we've had some confusion about resetting the 90-day clock by zipping over to the UK or Ireland for a few days, I did some research and here's what the regulation actually says:
Article 20, sec 1. Aliens not subject to a visa requirement (US and Canadian citizens, among others) may move freely within the territories of the Contracting Parties (this applies to 25 countries, basically all the "western European countries" except UK and Ireland) for a maximum period of 3 months during the 6 months following the date of first entry.
The 25 European countries now included in this are: Italy, France, Germany, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, and (apparently since Dec 2008) Switzerland.
According to a US embassy website: The tourist may enter and leave the Schengen area multiple times, except that the total number of days spent within any of these countries cannot exceed 90 days during the 6 months following the date of first entry.
Thus, the 90-day "clock" is not reset by making a quick trip to the UK/Ireland, if doing so would cause the total number of days spent in the Schengen area to exceed 90 days.
Please post here if anyone has factual information indicating that the above understanding is incorrect.
Kent
Pacific Northwest 1/4/09
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Thanks for doing the research. It is a good idea that people get the right advice so they do not need an immigration attorney while on vacation!
What confuses many people is that they think the 90-day rule is consecutive. As an example, if I enter France, then Germany and Italy, and then 15 days later, fly to England, I have used up 15 days of my 90. If on February 1, I then go back to France, I am legally allowed to stay in Schengen for a total of 75 more days to be used up by June 30. If I use up my 75 days by the end of April, let's say, I then have to leave and can't return until July 1.
Once the 90 days are used up, I'd have to wait 3 months before returning to Schengen and starting the 90 day clock again.
This is the standard tourist visa and is known as a Category/Type C visa.
Now, to stay longer than 3 months, there are two ways to do it:
1) Apply for a temporary resident visa of an individual Schengen country. If issued, you can then travel freely in Schengen. This is a category D and you'd have to prove why you need this to the host country. Until this is issued, you cannot leave the host country.
2) There is a combination category C & D which allows you to travel in other Schengen countries for 90 days in any 180 days while waiting for your resident visa.
What confuses people is the notion of a visa. Everyone who travels needs a visa. However, as an example, U.S. and Canadian citizens do not have to apply for a visa prior to visiting Schengen. Once they arrive, and are admitted to the that initial Schengen country, they are technically being granted a Schengen tourist visa--even if their passport isn't stamped.
Reference links:
Your understanding is correct. Or to quote "straight from the horse mouth" (i.e. the Schengen Convention of 1990:
Article 20 1. Aliens not subject to a visa requirement may move freely within the territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e).
This is from an article in Czech Business Weekly:
Under the new system, third-country nationals who are “visa-free” for short stays could only reside in Schengen states for three months in a six month period without any visa in case they stay for tourist purposes. After that time period, they would need to leave the country and reside in a non-Schengen nation, such as Romania or Ukraine. Overstaying a visa-free period, or worse, living and working here without a visa, could result in fines, arrest, deportation and ban on entering Schengen states in the future.
Kent,
Thanks for posting that! It certainly clarifys the terms of the Schengen Visa.
It's unfortunate that this Thread couldn't be applied as a "sticky" at the top of the "General Europe" section so it would be easy to access in future.
I was wondering, because a lot of the posters on this website rely exclusively on Rick Steves: do his books explicitly discuss this issue, other than mentioning only needing a passport for limited trips to most of Europe?
They probably just figure that none of us could actually afford a trip that long. I know I couldn't (I'm lucky if I can manage 2 or 3 weeks!).
Another point- this doesn't cover student visas either, although hopefully any student in a Study Abroad program gets their logistical information from their university.
I would agree with nearly all of the infomation above, but to add to a couple points. -You would not need to be out of the Schengen zone for 90 continuous days to "reset" the clock if you had been in and out of the Schengen zone and "used up" your 90 days. Basically you would look at your next planned Schengen entry, go back 180 days from that date, and count the number of Schengen days you had, with the difference from 90 being the days available to you. Any Schengen days "dropping off" the front of the 180 days during your stay would also become available. -Second, and very important, if you use the strategy to visit non-schengen countries to extend your Schengen visa past 90 consecutive days. Make sure you retain some type of documentation showing the visit. Passports are not always stamped, and if questioned, the burden of proof is on your shoulders, not the immigration authorities. Helpful items could be rail or plane ticket stubs, hotel receipts, restaurant checks, even a daily journal could provide some support. Border controls between Schengen and Non-Schengen countries are not always real formal, though with most of the relaxed countries now entering the Schengen agreement (Switzerland, Czech Republic, etc.) this may change.
Question:
What about if I enter Scengen territory, let´s say Spain or France, or whatever. I spend 90 days traveling around Schengen terriotry. The I go and enter England and spend 90 days there or 180 since I get a 6 month turist Visa, Can I go back to Schengen territory after that?
I guess the point is, is this a way to stay in Europe all year round without breaking the law?
90 Days in Schengen then 180 days in England, and then go back to Schengen for 90 days?
Thanks
Oh for the "good ol days"...I hitch hiked around Europe for a full year...changed countries frequently, but obviously, under the new rules, I would have been prohibited from my extended stay.
Yes, Roberto, you can do that.
What if you are studying for 3 months? Can you then stay another 3 months as a tourist?
Thanks for the info! That is what I thought.
Sara; If you are enrolled in a formal program, you should be able to obtain a student visa, typically for six months, that will cover you for both your class and any travel. work with your school.
FINALLY, my quest for a clear answer has been found! I am just confirming my understanding... I came to Germany APRIL 25, my date of first entry,and I can spend a total of 90 days in the Schengen countries, until October 25. Since I spent only 60 days in Germany and France, then returned to the USA, my next visit can only be for 30 days. AFTER October, I have another total 90 days to spend. In summary, six months total in a year. WHEW! For anyone wanting to 'test' the system and overstay your visit, I wouldn't risk it. There may not be the old physical check of our passports, but they are electronically checked...kind of like the cameras that get your license plate number and send you a ticket. Wish we could stay longer than 90 days...there is just so much to see, especially if your retired...money is the only obstacle;)
Terry; If you are retired, it may be worth checking into a Six-Month Visa. It can be some paperwork, and you will likely have to show proof of support (Bank reserves and any pension/SS checks) and health coverage; and may have to indicate your travel plans, but it may be worth it. EU countries are glad to have visitors spending money and your retirement status reduces any suspicion that you are coming to seek work. You can apply for a Schengen Visa at any member nation embassy, which always made me wonder if one embassy was easier to work with than another, but look in to it.
Paul, there is no such thing as a "Six-Month Schengen Visa" (or any kind of long term Schengen visa). To quote the Schengen Treaty:
Article 18 Visas for stays exceeding three months shall be national visas issued by one of the Contracting Parties in accordance with its national law.
The rules, laws and administrative practices of long term visas and residence permits vary considerably between the member states of the Schengen Area.
To extend what Mark wrote...the 6 month visa is for one country only. You still only get 90 days in the remaining Schengen countries.
Hi
I'm staying with friends in Greece,I only got a visa for 2 and a half months in the beginning of july from south-Afica and now they want me to stay a nother month or two?!?How do I go about extending my tourist visa?Please help!!!!!
Thanks
I'm afraid we can't help. You will need to get in touch with the consulates of whatever countries are involved and find out what you can do. We are not visa experts, nor can we offer legal advice. And I think it's safe to say that none of the regulars here has recent firsthand experience with visas for Greece from South Africa.
Hi, I have a question or 2... I arrived in europe on an Italian working holiday visa. Once in Italy I had to apply for a 'permission to stay'. Unfortunately the family I was staying with didn't work out so the process was not completed. I am now in Paris and would like to stay here til january 2010 if possible.What would be the best and easiest option? I read somewhere that it was 90 days per country but everwhere else says 90 days total for all countries.
Nadine: Your Q: "I read somewhere that it was 90 days per country but everwhere else says 90 days total for all countries."
Answer: It's not 90 days per country, it's 90 days maximum in the Schengen zone, which includes 25 countries and most of Europe except the UK and Ireland.
To clarify what is meant by date of first entry. If I take multiple trips to Europe over a span of let's say 5 years, I would have acquired many of this date of first entry, correct? I'm a U.S. citizen.
Let's say, I entered the Netherlands on May 1, 2009 and stayed until July 20,2009. May 1st would be my date of first entry.
If I then enter the Netherlands on November 1, 2009, that would be another date of first entry?
Contrarily, If I wanted to enter the Netherlands on May 1, 2009 leave on July 28, 2009. And then wait 6 months and enter Netherlands in February 2010 and stay until July 15, 2010. Would that follow Schegen?
Essentially, piggybacking 2 three month stays into a total trip of 6 consecutive months within 1 year.
Is this possible according to Schegen for a U.S. citizen?
You can stay 90 days during the 6 months following first entry.
So, if you enter on May 1, you can stay 90 days between May 1 and November 1. Anytime you enter after November 1, it starts again. In a sense, it restarts every six months.
Eva: The answer to your 2nd question/example is No.
Your 2nd question was "Contrarily, if I wanted to enter the Netherlands on May 1, 2009 leave on July 28, 2009. And then wait 6 months and enter Netherlands in February 2010 and stay until July 15, 2010. Would that follow Schengen?"
Frank's answer already covers this, but your 2nd span of dates would not comply with Schengen. You get a maximum of 90 days every 6 months. In your 2nd stay, your date of first entry would be sometime in Feb 2010, which means you would exceed 90 days sometime in May 2010.
Is this correct?
My date of first entry into Schengen countries was May 19, 2009. I stayed in Schengen countries continuously until August 4, 2008. Thus I stayed for a total of 78 days straight.
I want return to a Schengen countries on November 4, 2009 and stay 3 months straight. But I don't know if this allowed. It would mean that I would have stayed 78 days in Schengen countries, 90 days in the U.S. and then 12 days in Schengen plus 90 more days in Schengen.
Or do I need to wait to return until November 14th, which would be 180 days later?
I know its confusing. But if you look at a calendar and count the days it makes sense. I want to use up my the remaining 12 days of my May 19th date of entry period, and continue to stay on for 90 more days in my next 6 month period.
Thanks for giving this mind bender a look.
Your clock starts again without resetting when you re-enter the Schengen area on November 4. By November 16 you will go above 90 days in the Schengen area in the 6 month period that began on May 19.
Further, when you say "12 days plus 90 days" you're clearly planning to be in the Schengen area for 102 days. The rule works such that you can't be in the Schengen area more than 90 days in the 6 month period following any entry, so 102 days nonstop is out of the question.
Think of a 6 month "window" extending back from the current day. In that window you can't have more than 90 days in Schengen, regardless of how many times you visit. In your example you potentially violate this requirement twice.
Once you go above 6 months after your first entry, Schengen days would roll off the back end for every day that you're in Schengen on the front end, so you could once again spend the entire allowed 90 days in Schengen.
If you wait until November 7 or 8 to re-enter the Schengen area you won't exceed 90 days in the 6 months that began on May 19, and then I think you could stay a total of 90 days from that entry day (November 7). But without a visa you can't ever stay more than 90 days straight.
I don't know how you counted your days, and I don't know how "they" count days. To be safe you might want to count both the entry day and the exit day (so if you entered on the 10th and left on the 11th, that would count as two days).
You can't stay 102 days in a row. In order to avoid any question, you are better off waiting to reenter until the first period expires, then go back and spend another 90 days.
Thank you for your reply.
How do you get November 7th as the next entry date?
If I count 180 days from entry date of May 19, 2009, I come up with November 14th.
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