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Application of Schengen 90/180 Rule

Application of Schengen 90/180 Rule

Old Apr 14th 2021, 3:31 pm
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Default Application of Schengen 90/180 Rule

I have been using an EXCEL spreadsheet to try to improve my understanding of the Schengen Area 90 days in 180 days rule, as it applies to UK citizens. Am I correct in assuming that the check is applied on the date one leaves by calculating backwards the total number of days a person has spent in the Schengen Area in the preceding 180 days, regardless of whether it is one visit, or several separate visits making up one's total period in the EU? For example, if you enter the Schengen Area on the 30/09/21 and leave on 23/12/21 your total stay will be 85 days. If you make a second visit from 20/04/22 and leave on 1/06/22 a backwards calculation of the 180 days preceding 1/06/22 will yield an overall stay of 64 days (43 days for the second visit plus 21 days of your first visit i.e. from 3/12/21 to 23/12/21 inclusive).

If my calculations are correct, it seems to me it would be quite easy to fall foul of the Schengen regulations if one is not careful
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Old Apr 14th 2021, 3:45 pm
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Default Re: Application of Schengen 90/180 Rule

You will indeed need to take care. I would hope authorities will be sympathetic to those who inadvertently stay a few days due to a miscalculation (?)

You might find this helpful >>> Schengen Calculator - Calculate Your Legal Short-Stay in Europe (schengenvisainfo.com)
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Old Apr 14th 2021, 4:20 pm
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Default Re: Application of Schengen 90/180 Rule

Thanks for the pointer to the Schengen calculator. When I put in the dates from my OP the calculator comes up with the same figures I got using Excel so I guess my understanding of the backwards rolling 180 days is correct. For non-residents such as myself, keeping tabs on my visits would be tricky without computer assistance.
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Old Apr 14th 2021, 8:18 pm
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Default Re: Application of Schengen 90/180 Rule

One could always do it old school by using a calendar to mark of the days and count
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Old Apr 14th 2021, 8:21 pm
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Default Re: Application of Schengen 90/180 Rule

Originally Posted by missile
One could always do it old school by using a calendar to mark of the days and count
Thats so 20th century

Mind you its not rocket science though is it??
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Old Apr 14th 2021, 8:23 pm
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Default Re: Application of Schengen 90/180 Rule

There are several Schengen apps available for iOS and Android.
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Old Apr 15th 2021, 3:34 pm
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Default Re: Application of Schengen 90/180 Rule

Interesting development...

https://international-adviser.com/do...e-deportation/"The legal grounds on which those who own property in the EU Schengen countries may be able to challenge these rules are as per the European Convention on Human Rights (ECHR), which contains three distinct rules:
  1. The general principle of peaceful enjoyment of property;
  2. The rule that a deprivation of possessions should be subject to certain conditions; and,
  3. The rule that states are entitled to control the use of property in accordance with the general interest by enforcing such laws as they deem necessary for this purpose.
Irrespective of whether the country in question is a person’s main residence, restricting them from peacefully enjoying their property would appear to directly contravene the right enshrined in Article 1.

Not only is the UK still a signatory to the ECHR, but an individual doesn’t need to be a national of one of the states bound by the convention if the violation has been committed by one of those states within its ‘jurisdiction."
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Old Apr 16th 2021, 9:05 am
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Default Re: Application of Schengen 90/180 Rule

That's not the rule. The 'rule' is Protocol 1, Article 1 of ECHR which actually reads 'Every natural or legal person is entitled to the peaceful enjoyment of his possessions'. Non residents aren't covered by this.
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Old Apr 16th 2021, 9:11 am
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Default Re: Application of Schengen 90/180 Rule

Originally Posted by SanNico
That's not the rule. The 'rule' is Protocol 1, Article 1 of ECHR which actually reads 'Every natural or legal person is entitled to the peaceful enjoyment of his possessions'. Non residents aren't covered by this.
Well, that seems to have kiboshed that loophole!
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Old Apr 16th 2021, 9:25 am
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Default Re: Application of Schengen 90/180 Rule

If the European Parliament does not ratify the FTA, signed by the UK and EU Commission, by the end of April we could be reverting to WTO trade rules. In this scenario the 90/180 rule would be swept away plus many other arrangements flowing from the Brexit WA & FTA. Hopefully, this will not happen and an extension is granted to the timetable for European Parliament ratification.
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Old Apr 16th 2021, 9:30 am
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Default Re: Application of Schengen 90/180 Rule

Was that the 'oven ready' deal?




Schengen 90/180 rule hangs in the balance then...
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Old Apr 16th 2021, 10:38 am
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Default Re: Application of Schengen 90/180 Rule

Originally Posted by avionisto
If the European Parliament does not ratify the FTA, signed by the UK and EU Commission, by the end of April we could be reverting to WTO trade rules. In this scenario the 90/180 rule would be swept away plus many other arrangements flowing from the Brexit WA & FTA. Hopefully, this will not happen and an extension is granted to the timetable for European Parliament ratification.
Hopefully BoJo & Co will reach agreement on Schengen
Spain is a party to the Schengen Agreement. This means that U.S. citizens may enter Spain for up to 90 days for tourism or business without a visa. Your passport should be valid for at least three months beyond the period of stay. You must have sufficient funds and a return airline ticket.
If not Brits would require a visa e.g.
Russian citizens need a visa for travelling to Spain . The stay is usually short with a period of 90 days and visa expires in 90 days. Applicant is required to be present when applying for Spain schengen visa.
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Old Apr 16th 2021, 3:59 pm
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Default Re: Application of Schengen 90/180 Rule

Originally Posted by missile
Hopefully BoJo & Co will reach agreement on Schengen If not Brits would require a visa e.g.
What agreement??? Schengen is not part of any agreement, other that WA.
Only option then was should UK nationals will be visa exempt for 90 days visit, nothing else was/is there to discuss.

https://ec.europa.eu/info/relations-...l-agreement_en
The
Withdrawal Agreement entered into force on 1 February 2020, after having been agreed on 17 October 2019.

Signing-off of trade agreement this year has no relevance to WA.
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Old Apr 16th 2021, 6:28 pm
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Default Re: Application of Schengen 90/180 Rule

It is not FTA or bust. If the morons at Westminster had any sense they could easily agree a deal for visa free entry like the USA have.

In practice with no agreement, obtaining a visa will be no more onerous for British tourists than going on holiday to USA.

Last edited by missile; Apr 16th 2021 at 7:30 pm.
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Old May 9th 2021, 6:57 pm
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Default Re: Application of Schengen 90/180 Rule

Have they settled the issue with UK nationals who are legally resident in one EU country but like to travel and spend time in another, even if both are part of Schengen? Do they still enforce any limits even though there are no passport controls?

For instance what limits apply for someone who has residency in Malta (on a self-sufficient basis, no job) but suddenly decides to spend most of the year in Spain?
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