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Confusion About Schengen Rule 90/180

Last activity 29 October 2021 by gwynj

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smatchetboy

Greetings,

Totally perplexed here.  It is my understanding that the Schengen rule is basically 90 days in EU (Schengen nations) and then 90 days out.  I am currently spending time in Andorra and figured I could return to Spain sometime in December.  But, now, my attorney in Spain tells me I have to be out a total of 180 days!  Is this correct?  Just to get another legal opinion, I paid an attorney on-line 5 euros for a quick answer and he replied that yes, it's 90 days in and then 180 days out before I can return to a Schengen country. 

I guess I'll go to Istanbul for 3 months before I can re-enter.

Any help with this question would be appreciated.  There is a lot of information on being able to stay for 90 days maximum within a 180 day period, but very confusing on when I can return.  Most forums say 90 days in 90 days out.  I was hoping for that, but I think I'll have to rethink my plans.

SimCityAT

I am no lawyer, I will have to check, but I am pretty sure it is 90 days in 90 days out.

SimCityAT

A quick video https://www.youtube.com/watch?v=eLsxK8jc5gI

SimCityAT

https://ec.europa.eu/home-affairs/polic … culator_en

gwynj

The Schengen Zone allowance is for up to 90 days in 180 days (which can be 90/90 or many other combinations). It's very definitely NOT 90 days in, then 180 days out (if that's really what they were saying). Technically, it's a rolling count, you look back on the last 180 days... and count how many days you were there. If today makes it 91, you have overstayed. If, for example, you go back to the US for 6 months (or more), the clock resets, as you have 0 days in the last 180 days.

These days are counted in any Schengen country, so you can spend it only in Spain, or in a combination of Germany, Spain, and Netherlands (for example).

EU but not Schengen (Bulgaria, Cyprus, etc.) or non-EU (Serbia, Turkey, etc.) have a separate 90 days allowance.

Andorra is not EU (and hence cannot be Schengen), so I would have expected you to be able to spend 90 days there, then go to Spain for another 90, no problem. But Andorra/Spain might be a special case, if your lawyer says so. But I am surprised to hear this... and it sounds wrong to me.

Just pop down to the border tomorrow, for a coffee in La Seu d'Urgell. When the Spanish guy stamps your passport, ask him how many days you can stay in Spain. If he says "90" we're golden. If he says "how long were you in Andorra?" then your lawyer was right. :-)

As a US passport holder you will usually get your passport stamped when you change country. You can see your days in/out this way (as can the passport control dude). It's your responsibility to watch the limit. No big deal on entry (e.g. 3 months in Spain, 2 days in Andorra, try to get back in) they will spot it and say sorry, need to be outside until 3 months up. But if you go to Spain and then stay 6 months, you have overstayed your visa (or visa-free allowance), and they will be very upset with you. Not as bad as Trump and Nicaraguan illegals... but, still, not pleasant, and not recommended. :-)

However, EU mostly has no internal border control, so if you drive (or get a bus) you will not get a stamp out (from Spain) or in (from France, say). This means that if you were, accidentally, to overstay in Spain, the border control folks would catch you when you flew out of Madrid. But you if you drove out, you could keep going to non-EU (perhaps Serbia) or non-Schengen (perhaps Bulgaria) and nobody would be any the wiser.

smatchetboy

I am considering leaving for London for 90 days just in case. And I’m still doing research. I personally had never even considered that I’d have to leave for a 6 month period before returning to Schengen.

Part of me thinks my attorneys are incorrect. I mean, they are still trying to ascertain the facts. But, the fact that another independent attorney, albeit earning 5 euros for an online question, also said 180 days out before returning for another 90.

Do they hand out law licenses in Schengen the way they hand out architecture licenses?  It seems everyone selling real estate here is an architect.

Thanks everyone for your input. Much obliged.

Johncar

Just on one point

If you have stayed for 90 days, you need to leave for 90 days. 

If you return then, you can stay another 90 days.

That complies with 90/180 rule.

gwynj

UK is a good one: non-EU, but allows up to 180 days visa-free for US citizens. This can also reset your Schengen count to zero.

smatchetboy

Yes, I think it'll work.  I like the fact that I can stay for up to 6 months so I don't have to bounce around as much.

smatchetboy

Greetings everyone, I just finished speaking to attorneys and as others have confirmed it is a rolling 180 day count with no more than 90 days within the Schengen zone during the 180 day period of time.  Once one has left for 90 days, one is allowed another 90/180 period.  So, in essence, it's 90 days in, 90 days out. 

I can't believe how difficult this was to confirm even with attorneys. 

Thanks everyone for chiming in.  Hope this thread is of help to others.

gwynj

Getting a residence permit can also help reduce bouncing around. :-)

Some very easy ones are Spain (the no lucrativa visa) and Serbia (by incorporating a company or buying a property).

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