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90 day rule.

90 day rule.

Postby billarita » Fri Oct 01, 2021 11:43 pm

Can some one help in simple terms?.

Came to Spain 28th May- left 29th July 63 days.

Coming back 28th October -until 17th December. Have not been anywhere else in Europe whilst away. This means we have been back in the UK for 91 days.

Is this within the rules.
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Re: 90 day rule.

Postby Espanabums » Sat Oct 02, 2021 6:13 am

Your 1st day outside the areawas 30 July
30 July to 27 October is 90 days
This means that you are OK to come to Spain on 28 October and stay until 17 December.

If you do not come into the area from 18 December for another 90 days, you are able to return on 18 March 2022.
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Re: 90 day rule.

Postby Babu » Sat Oct 02, 2021 7:56 am

Espanabums wrote:Your 1st day outside the areawas 30 July
30 July to 27 October is 90 days
This means that you are OK to come to Spain on 28 October and stay until 17 December.

If you do not come into the area from 18 December for another 90 days, you are able to return on 18 March 2022.


I'm sorry but that's not how it works at all.. Its not how long you are outside the EU but how long you are In it in any 180 days.
So in the above example having been in EU for 63 days they have another 27 to be there before their previous 1st day expires after 180 days (around 28th Nov) so the proposed return looks like the 90 day rule is broken.. The shengen calculator tells you if this is so..
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Re: 90 day rule.

Postby Paul58 » Sat Oct 02, 2021 8:29 am

billarita wrote:Can some one help in simple terms?.

Came to Spain 28th May- left 29th July 63 days.

Coming back 28th October -until 17th December. Have not been anywhere else in Europe whilst away. This means we have been back in the UK for 91 days.

Is this within the rules.



You should be fine. According to this calculator, https://www.visa-calculator.com/ you could stay until 25/01/22

" OK. You can stay for 39 days more, until 25-01-2022.

Date of Entry

Date of Exit

Days of Stay

63

Days of Stay in the Last 180 Day

63

Last Day to Stay

25-08-2021
51
90

25-01-2022
**** EDIT sorry couldn't copy data but put your own dates in to check***
"
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Re: 90 day rule.

Postby Bee » Sat Oct 02, 2021 11:38 am

People are making it very complicated. Every time you enter the Schengen area it is going to be a different 180 days.


You look back 180 days from the day you leave which is 17th Dec and it takes you back to 21st June.

How many days have you stayed since 21st June. In your case it is
21st June to 29th July=39 days

You have used 39 of your 90 day quota so you have 51 days left

You arrive on 29th October and leave on 17th Dec so you will use 50 days of your 51 so you leave with a day to spare on this occasion!


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Re: 90 day rule.

Postby Jonnno » Sat Oct 02, 2021 12:47 pm

Someone said use calculator was simple. Doh!
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Re: 90 day rule.

Postby Paul Uden » Sat Oct 02, 2021 1:24 pm

Your dates are OK and in fact you could stay until 25 January if you wanted to.

Official calculator here: https://www.schengenvisainfo.com/visa-calculator/

Bee has accurately described the calculation in words, but although you will have reached 90 days in the last 180 on 17 December, the same applies all the way until 25 January because, as has been said, the 180 day reference period moves on a day every day.

The calculators are good, but I agree it can get complicated trying to work it out without them.
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Re: 90 day rule.

Postby [email protected] » Sun Oct 03, 2021 1:08 pm

The 180 days starts the first day you are here. If you are here 40 days, you have 50 days left in the 180 that started the first day you were here. Hard isn't it?
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Re: 90 day rule.

Postby billarita » Sun Oct 03, 2021 1:32 pm

Thank you all for your help. I now understand and have rearranged my flight to suit.
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Re: 90 day rule.

Postby Espanabums » Sun Oct 03, 2021 1:37 pm

Babu wrote:I'm sorry but that's not how it works at all.. Its not how long you are outside the EU but how long you are In it in any 180 days.
So in the above example having been in EU for 63 days they have another 27 to be there before their previous 1st day expires after 180 days (around 28th Nov) so the proposed return looks like the 90 day rule is broken.. The shengen calculator tells you if this is so..



I´m sorry Babu, but it is you that is mistaken. Here is a link to FAQ from the Spanish government.

http://www.exteriores.gob.es/Embajadas/ ... %20FAQ.pdf

Here is the relevant passage quoted.

"• The date of entry is considered as the first day of stay in the Schengen territory;
• The date of exit is considered as the last day of stay in the Schengen territory;
• Absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days."
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