BRP holders and non visa nationals travelling to the EEA
How long can I stay for? The Schengen’s conundrum
Since 2013, the maximum duration of authorised stay is 90 days in any 180-day period.
This new definition has given rise to many uncertainties. Indeed dealing with a ‘moving’ 180-day reference period, looking backward at each day of stay into the last 180-day period to verity if the 90 days/ 180-day requirement continues to be fulfilled, can be challenging at times. In addition the calculation of authorised stay varies between non-visa national and visa national. The following examples illustrate the ‘moving’ reference period:
Non-Visa Nationals In The Schengen Region
A traveller, who is not subject to the visa requirement, entered the Schengen territory for the 1st time on 1 January 2015 and left on 2 January 2015. Then s/he re-enters again on 1 June 2015 and would like to stay until 20 September 2015.
On 15.6.2015: over the last 180 days (18.12.2014 – 15.06.2015) the traveller had stayed 2 days (01.01 15 to 02.01.15) plus 15 days (01.06.2015 to 15.6.2015) – calculated on that 15.06.2015, the maximum possible stay would have been until 29.08.2015.
On 29.08.15: over the last 180 days (03.03.2015 – 29.08.2015) the traveller reached the 90 days (01.06.2015 to 29.08.2015).
The traveller would not be able to re-enter the Schengen territory until the 28.11.2015.
Visa National In The Schengen Region
A third country/visa national issued with a multiple-entry Schengen visa valid for one year/12 months (01.01.2015 to 31.12.2015) allowing for a stay of 90 days per 180 days – The traveller in question enters the Schengen area on 01.01.2015 and leaves on 10.01.2015 (10 days), then re-enters on 01.03.2015 and leaves on 30.03.2015 (30 days) and enters again 01.05.2015 and leaves on 09.06.2015 (40 days).
On 20.06.2015: the traveller might enter for a consecutive 20 days maximum (10 days leftover from the authorised 90 days (20-29.6), plus additional 10 days since on 30.06.2015 the stay on 01.01.2015 becomes irrelevant on 01.07.2015, the stay on 02.01.2015 becomes irrelevant…and so on . (will be outside the 180-day reference period).
On 07.08.2015: the traveller can enter for a consecutive 20 days maximum as the 30-day stay starting on 01.03.2015 will only become irrelevant on 28.8.2015 (i.e. its corresponding 180-day reference period stars from 02.03.2015. It follows that the person should leave the Schengen area on the 26.08.2015, which is when s/he will reach the 90 days within the 180-day reference period.
Fortunately an official calculator has been developed for the general public and for the Member States. Although it is subject to a caveat that its calculation cannot be relied on to determine one’s right to enter and stay, it remains a very useful tool for those who travel to the Schengen area extensively.
The calculator has two functionalities:
- In ‘control’ mode it calculates the length of previous and / or on-going
stays and provides an answer whether the stay of the person
complied/complies with the 90 days / 180-day rule.
- In ‘planning’ mode it provides information on what is the maximum length of stay, which may be allowed on a particular day in the future