Why am i restricted to the 90 day rule when EU citizens can come to the uk and not be stamped ?. If this is an option for you, we will be pleased to advise you and help you with the application. As mentioned it is the Schengen area and not the EU that has the 90 days in 180 days rule. However, the regulations are not easy to understand so weve put together some FAQs to help make sense of the puzzle. This refers to the whole of the EU apart from Bulgaria, Croatia, Cyprus, Romania and Ireland. So just looking at the calendar you know when you can enter and for how long. So effectively, that means . In reality, if you enter on June 1, you can remain for up to 90 days without contravening the 90/180 rule. background: rgba(0, 168, 211, .10); Re posting this 30 mins later as it has been deleted. No, if your Schengen visa is valid for a duration of 90 days, you cannot stay in Europe for 6 months. Read about long-term Spanish visas. Regarding the 90/180-day rule, here you have a Schengen Visa Calculator. Staying in Italy: Since you are an Italian citizen, theres no limit to how long you can stay in Italy. careful about taking advantage of those sea days. Your last day in the Schengen Zone will be 25 October as you will have been sailing in European waters which will be in the Schengen Zone. TY Schengen Simple for making my travels so much less complicated. background: rgba(0, 168, 211, .10); It's often easiest to think of this 180-days as a moving block of time that is counted backwards from each day of staying in the Schengen Area. Surly you statement below is incorrect? And since we wouldn't have been in the EU for over a year before the That can be very costly. Thank you for your comment. These penalties which can include considerable monetary fines, immediate deportation and future bans from re-entering the country, and possible imprisonment in the most severe cases may be brought against both the individual and the company for which they are working. font-style: italic; Contact us. width: 80%; Now you need to understand how the 90/180-day rule works. I counted forward, backward, and sometimes it seemed from the middle. Therefore, you will be able to do what you have planned. Hi myself and my wife use to travel around spain and Portugal for up to 6 months before brexit in our motorhome what way and means could we do this again thanks. For example: Finally, note that the date of entry is considered the first day of stay and the date of exit is considered the last day to stay. I have been alternating between England and Spain spending one month at a time in each country totalling 90 days in Spain in the last 180. However, it is important to keep in mind that the 90-day limit applies to the cumulative total of your stay in the entire Schengen Area. However, there could be other factors at play, and the interpretation of these rules can vary. We are your best source of information for entry, health, and visa guidance during the COVID-19 pandemic, .nav-side-content { You must leave Spain (or anywhere in Schengen) immediately because there are stiff penalties for out-staying the 90-day limit. Check the date you plan to leave the Schengen area on your next trip. There are also slight differences between the countries included in each group: The EU comprises Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Calculator of travel days remaining. Regarding your questions, as an EU citizen, you can exercise the right to freedom of movement, therefore, there are no restrictions for you. However, if you plan to stay in Europe for 6 months or longer, you would generally need to obtain a long-stay visa or a residence permit from a specific Schengen country. Does Spain recognise this interpretation of the legislation? So after 10 minutes of looking at my passport my dads passport (comparing the stamps to see that we ALWAS traveled together and looking at my old boarding pass he accepted it. That makes sense to my befuddled brain. All of this comes at ZERO cost to our readers. The Schengen Allowance permits a third-country national - such as UK citizens - to visit the Schengen Area for a maximum period of 90 days within a rolling 180-day period. Non USA Days, count 24 hour days outside of the USA, for the Foreign Earned Income Exclusion. You can try to argue all you want with the agent but he/she only has the stamps to go on. Thank you for answering all these questions. Despite their differences, in general, the Member States apply the following penalties on those caught overstaying, including on Britons starting from this year: Despite the consequences listed above, some travellers may not be subject to any of them, particularly those who cannot travel for a strong reason that can be proved. Hi, I come to Tenerife and stay for 3 to 4 weeks at a time and the go home for six to 8 weeks then come back will the days I go home be added back on to give me more days I have tried to get a visa I have all the correct documents and privet medical cover but it is a nightmare at the Spanish consult I was told that I would have to pay tax in Spain as well as the uk on my earnings can you help. You can still buy and own property with the same rights and obligations as Spaniards. As an Italian citizen with an Italian passport, you are an EU citizen, and this comes with certain rights when it comes to freedom of movement within the European Union and the broader European Economic Area (EEA). But keep in mind if you are close to that number of days or you are arguing in and out time or you have something odd you ARE going to annoy the agent as they will have to take time and figure everything out vs glancing at your passport stamping it and sending you on. Tourist visa extensions can only be based on exceptional circumstances (humanitarian and illness reasons). A vital tool if you are likely to maximise your 90/180 allowance! Note that arrival and departure days count as full days. At first glance, you might believe that you've spent 59 days in the area within the preceding 180-day period, leaving you with 31 days for your upcoming stay. Its often easiest to think of this 180-days as a moving block of time that is counted backwards from each day of staying in the Schengen Area. In this case, if he has spent 3 full months in the Schengen area, he will have to wait 3 more months after leaving before he can re-enter: he will have completed 90 days within a period of 6 months. They would not look at any of my documentation this time, and told me not to contact a lawyer. The question is - Does our departure date from the EU count from October 2nd when we embark ? The 90/180 days rule is a rule that applies to Uniform Schengen Visas (USV). However, if you would like to stay longer than 3 months residing in Spain, it is necessary to register as an EU citizen in Spain, which is a very simple process. Keep track of entry and exit dates to calculate your days in the Schengen Area. Will I be able return back to italy say within a month. So if you take boat or teleport or get Superman to fly you out of the zone for a few days it does not matter the stamps still show you as in zone. An option that does not require you to stay in Spain for 6 months in order to renew the residence permit is the Golden visa, which allows you to come to Spain any time you wish. But the non-EU citizen is under the 90/180 days rule unless you were registered as a non-EU family member of an EU citizen in an EU country (holder of a residence card indicating your quality of a family member of an EU citizen) and also, you must be accompanied by the EU citizen. We are going skiing in Italy on 5 March -19 March and then going to our house in Menorca for various times until we have done 89 days I total leaving on July 31 st. Can we return on September 4 th to stay until Oct6 or 9 th ? This publication is not intended as a substitute for legal advice. On the 181st day after any given day in zone that day is free to use again. Schengen-calculator. Under the Schengen Area rules of stay for third-country citizens, non-EU citizens entering the territory under the visa-free regime can stay for a maximum of 90 days, for every 180 days. WOULD WE BE ALLOWED TO DO THIS IF WE APPLIED FOR A VISA AND IF WE APPLIED FOR A VISA WHAT IS THE LIKELIHOOD THAT WE WOULD BE ACCEPTED. Would the permit remain valid if we were to leave Spain and then return again a few weeks/months later? if I went to italy for holiday for 2 weeks and came back to United Kingdom Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. } .nav-side-content .client-solutions-image { Is there a limit? Please see this old thread, in which so many were so patient with me. Unfortunately, that is not possible. The Schengen Calculator calculates the length of stay you are allowed to travel in the Schengen Area on a short term Schengen visa. At first glance, it seems a very simple rule, but its often misunderstood, and many people overstay it, resulting in penalties. I had been struggling to understand the rolling 180 days concept. If you spend more than 90 days in Spain within a 180-day period violating this rule you will face penalties. When I plane my holidays I always count first day back of my 90 days away, then 180 days forward and make sure I leave Schengen in that time. Many thanks for your reply. Could you please clarify? It is always what has happened in the prior 180 days. Bulgaria, Croatia and Romania are currently in the process of joining the Schengen Area and the EEA states of Iceland, Liechtenstein, Norway and Switzerland are also members. We have holiday booked from Jan through March 2023 in Portugal in schengen before returning to work. You can stay 90 days in any 180-day period within the Schengen area. background-image: url("/resources/CIBT/eng/filemanager/Marketing/2019/Icons/passport-duotone.svg"); Schengen Calculator - Calculate Your Legal Short-Stay in Europe You receive a multiple-entry Schengen visa valid for a year (January 1, 2023, to December 31, 2023). It does not require you to stay continuously for the full 90 days. By it's allowing me to not count sea days and the 4 non-schengen ports - gave me an "extra" 11 days.. Each day they stay in the Schengen Area will advance the 180-day timeframe so the calculation on 2 November 2021 would advance the 180-day block by one day to 7 May 2021. Regularly check entry dates and calculate days spent within the Schengen Area. } I have the German citizenship but my daughter is American. Thank you all so much! Brexit has caused many complications for Brits living and travelling in the EU, from residency issues to health insurance and customs problems to confusion surrounding how long British nationals can spend in the EU. Some people said I can stay over the 90 days with no restrictions .can you please help me. I have lived in Spain for about twenty five years my wife is Spanish and have a 17 year old daughter. But, whether you plan to enter Europe for tourism, work, or study purposes, it is important that every traveler understands the concept of the 90/180 rule. As a European national, you can stay in Schengen land for longer than 90 days in 180. It is not free, but it is worth the money. Familiarize yourself with the 90/180-day rule. I have spanish friends who work here in uk and same for them. .nav-side-content .side-content { This means that, as you travel between countries, the days spent in each country count towards the 90-day limit. I have italian citizenship with Italian passport but residing in united kingdom as my main home residence. HELLO, MY PARTNER AND I ARE TRAVELLING TO SPAIN AT THE END OF OCTOBER 2023 FOR HOLIDAY PURPOSES AND WANT TO STAY FOR A FURTHER 30 DAYS LONGER THAN OUR 90 DAY ALLOWANCE. Schengen Simple is really an amazing app. Yet, overstaying has its consequences, which often may be quite harsh. In that case, the Double Treaty Tax will apply. We always recommend using the Schengen Visa Calculator. Frank explains it quite well. This means that your stay may actually extend longer than you initially thought. As the whole of Europe continues to adjust to Brexit, many UK nationals are faced with new travel requirements and restrictions. Or is it a static period from the first day of entry? If you are visiting more than one Schengen country with equal stay duration, you must apply for a Schengen Visa at the Embassy or Consulate representing the Schengen country you will enter or visit first. Automatic combined Schengen Area day count. My plan was to spend about 65 days in the EU - mid-May to mid-July return to the States. Whats the rules for this. We could help you with that. By signing up, you will create a Euro Weekly News account if you dont already have one. Here you have it. MY question: if you stay LESS than 90 days, i.e. background-repeat: no-repeat; Brits Overstaying EU's 90/180 Days Rule to Face Penalties Hrth, North Rhine-Westphalia, Germany Daily Weather | AccuWeather I tried many apps, at last I found the perfect one! What is the total number of days you have been in the Schengen zone (not EU) during those prior 180 days. The Schengen Area's - CIBTvisas Cruising in Europe: How to cope with Covid and Brexit issues padding: 15px; padding: 15px; height: 72px; The Schengen Area, on the other hand, is intended to abolish border and passport controls within the zone of the 26 signing countries. Sometimes things happen. Hi miss Castro: Im an American married to a Philippina that like to travel so much that I havent returned to the US in more than six years and the only reason we are back in the Philippines is because we were told we had to return to apply for a visa to Europe. } So unless you get stamped out as you get on the ship you are still considered in zone. Schengen Visa validity: How to avoid overstaying your visa | AXA CIBTs immigration division, Newland Chase, understands how important these decisions are and can help ensure a traveller always holds the right visas and permits. 2023 Rick Steves' Europe, Inc. | CST# 2086743 | Terms of Service | Privacy Policy, https://community.ricksteves.com/travel-forum/general-europe/schengen-clarification-please.