Schengen-Europe
How to count your Schengen 90 days
Non-EU visitors can stay in the Schengen countries for maximum 90 days any 180 day period, but the calculation is not easy!
What is the βSchengen areaβ?
The Schengen area includes 27 EU countries:
π ππππππΊ, π‘πΎπ ππππ, π’ππΎπΌπ π±πΎπππ»π ππΌ, Croatia, π£πΎπππΊππ, π€ππππππΊ, π₯πππ πΊππ½, π₯ππΊππΌπΎ, π¦πΎπππΊππ, π¦ππΎπΎπΌπΎ, π§ππππΊππ, π¨πΌπΎπ πΊππ½, π¨ππΊπ π, π«πΊππππΊ, π«ππΎπΌπππΎππππΎππ, π«πππππΊπππΊ, π«πππΎππ»ππππ, π¬πΊπ ππΊ, ππΎπππΎππ πΊππ½π, πππππΊπ, π―ππ πΊππ½, π―ππππππΊπ , π²π πππΊπππΊ, π²π πππΎπππΊ, π²ππΊππ, π²ππΎπ½πΎπ, πΊππ½ π²πππππΎππ πΊππ½.
These countries have signed an agreement that allows people their citizens to travel freely within their borders
Who does/does not need a visa to travel to Schengen?
Citizens from certain countries (for example USA, Canada, Japan, Australia) are allowed to enter and stay in the Schengen area for up to 90 days every 180 days without requiring a visa, while for other countries (for example China, India, etc.) any entry β despite the intended duration β will require a visa.
Do you need a visa to travel to Schengen? you can check it here:
https://ec.europa.eu/home-affairs/system/files/2020-09/visa_lists_en.pdf
Below you can scan an interactive map with a full list of countries whose citizens must have a visa when crossing the Schengen external borders and a list of countries whose citizens are exempt from that requirement
How long can you stay in the Schengen area?
Third-country nationals (e.g person who is not a citizen of the European Union and Iceland, Norway, Liechstein and Switzerland), irrespective of being visa required or exempt β who intend to travel to the Schengen area for a short trip, business or tourism, can stay for
How are the 90/180 days calculated?
Date of entry: shall be considered as the first day of stay on the territory of the Schengen Member State
Date of exit: shall be considered as the last day of stay in the Schengen Area.
This rule applies only to short-term visitora. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.
Reference to βany 180-day periodβ implies the application of a βmovingβ 180-day reference period, looking backwards at each day of the stay (be it at the entry or at the day of an actual check), into the last 180-day period, in order to verify if the 90 days / 180-day requirement continues to be fulfilled.
Calculation is often not easy and the EU has created an online CALCULATOR
which can be used by any traveller. More detailed guidelines can be found in the USER MANUAL FOR USING THE SCHENGEN CALCULATOR.
What happens if you overstay the 90 days?
A non-EU national who stays in the Schengen area beyond 90 days (without a residence permit or long-stay visa) is illegally present, which can result in a re-entry ban to the Schengen area. Working in the Schengen area without a work permit is also illegal (even if less than 90 days) and can likewise result in a re-entry ban to the Schengen area.
Depending on each Member State, administrative and monetary penalties may also apply.
The new Entry/Exit System (EES): over-stayers shall be automatically identified
The entry into force of the Entry/Exit System (EES) has been further delayed until summer 2024 (starting date to be confirmed). It is an automated IT system for registering travellers from third-countries, both short-stay visa holders and visa exempt travellers, each time they cross an EU external border.
The system will register the personβs name, type of the travel document, biometric data (fingerprints and captured facial images) and the date and place of entry and exit.
EES will replace the current system of manual stamping of passports, which does not allow a systematic detection of over-stayers (travellers who have exceeded the maximum duration of their authorised stay).
EES will contribute to preventing irregular migration also identifying more efficiently over-stayers as well as cases of document and identity fraud.
See Entry-Exit System (europa.eu)
Disclaimer
The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.
