ValTay0607

I am still not with the 90/180 day rule calculation, I thought I was but looks like I've caught the bull by the tail. Maybe someone can clarify and put me right. I was in Spain, as a non-resident Brit, between October 11th 2020 and 21st February 2021. As the 90 day rule came into effect on 1st Jan 2021, my 90 days in Spain would have been calculated from 1/1/21. I left Spain for the UK on 21/2/21, therefore my total days in Spain amounted to 52 days leaving me 38 days. Now when can I return to Spain to complete my 90 days of my 180 days, which I understood to be from 1/1/21 - 30/6/21 or will I have forfeited my remaining 38days. If so, when will the next 180 days be counted from? Am I confused or what? Don't say it!

stevesainty

If you have been out of the Schengen area for 90 days or more, you can then stay for a further 90 days. This means that as you have been out of the Schengen area for 104 days today (4 June 2021), you can return anytime for 90 days. If you stay for the full 90 days, you have to be out of the Schengen area for 90 days before you return.

DLC

Try this:

Schengen-calculator

Dxf

Hola.

If you have not used all of your 90 days, then you can return whenever you want to use the rest. So in your case with 38 days not taken, you can return and use all or part of them as you wish.

It is a rolling 90 days in the last 180 days. So to make it simple, today is always day 180 (tomorrow, today will be day 179 as tomorrow is automatically day 180)
So simply count the number of days you were within the Schengen area to know how many days you have "in hand"

Davexf

ValTay0607

Sorry Davexf, am still confused. So can I go to Spain on 1st July for 38 days and after that when does the next 180 day period start? Sorry I have a mental block on this.

Dxf

Hola,
The rolling 180 day period starts every day. So today is 180 and therefore this period started 180 days ago and does so every day. So in the last 180 days, how many have you spent in the Schengen area.
Davexf

EU.flag

Very good point from Davexf.
Always think, on todays day, how many days have I spent in Schengen in last 180 days.
Then do same calculation tomorrow and days after. Dont fall in for trap counting it as months, always count days.

ValTay0607

Thanks Davexf, Mental block cleared, I think. Best. Val

Stingychips

Wonder why the police are not doing anything about the blatant overstayers on the Costa del sol. They all seem to think it’s business as usual.

Stingychips

From what I have heard. The policia nacional and the normal street police are not even bothered about undocumented Brits in Spain. Maybe the airport police might be but from what I have heard the Brits are happy staying put and not going the airports lol.

DLC

They're not going out of their way to round up Brits because they have better things to do but if they stop you for something the first thing they'll do is ask you for ID, and then the game's up.

Stingychips

that’s the thing. They have been stopping Brits and looking at their ids. And then letting them go again. The police arnt arsed.

DaveLovesDee

I calculate it this way. Arrive in Spain on 1st July (Day 1), leave on or before 7th August (31 days in July + 7 in August = 38) to stay within the rules You have to spend a minimum of 90 days outside Schengen Area, so August 8th-31st (23 days), September (30 days), October (31) + November 1st-6th (6 days) (23+30+31+6=90). The first date of return (assuming you left on 7th August would be 7th November for another 90-day max.

A simpler way look at the 90-day outside of Schengen, which resets the clock, is use the same calender date 3 months apart. 7th August to 7th November. That works for 99% of the year.

I suspect that they'll keep a record somewhere, and wait to see how many times they stop the same faces. After 91 days from the first stop, those Brits won't be able to claim they're visitors only there for 3 months, will they?

DLC

They're not going to frog march them to the airport... yet. A recent story says they're being warned they have 15 days to leave.

Stingychips

yes maybe time will tell. The police arnt stupid though. I’m sure one of the lads who was stopped had been arrested months ago. So they already had that on record. They searched the car then had a laugh with them all then sent them on their way. It was policia nacional that did the stop so they would of been able to access all information.to me it looks like the visa issues are dealt with by the airport police.