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Can't stay in Schengen zone more than 3 mos in 6 mos following first entry

Recently we've had questions about whether one can legally stay in one of the 25 "Schengen zone countries" (see list below) for more than 3 months.Because we've had some confusion about resetting the 90-day clock by zipping over to the UK or Ireland for a few days, I did some research and here's what the regulation actually says:Article 20, sec 1. Aliens not subject to a visa requirement (US and Canadian citizens, among others) may move freely within the territories of the Contracting Parties (this applies to 25 countries, basically all the "western European countries" except UK and Ireland) for a maximum period of 3 months during the 6 months following the date of first entry.The 25 European countries now included in this are: Italy, France, Germany, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, and (apparently since Dec 2008) Switzerland.According to a US embassy website: The tourist may enter and leave the Schengen area multiple times, except that the total number of days spent within any of these countries cannot exceed 90 days during the 6 months following the date of first entry. Thus, the 90-day "clock" is not reset by making a quick trip to the UK/Ireland, if doing so would cause the total number of days spent in the Schengen area to exceed 90 days. Please post here if anyone has factual information indicating that the above understanding is incorrect.

Posted by
157 posts

Thanks for doing the research. It is a good idea that people get the right advice so they do not need an immigration attorney while on vacation!

Posted by
16198 posts

What confuses many people is that they think the 90-day rule is consecutive. As an example, if I enter France, then Germany and Italy, and then 15 days later, fly to England, I have used up 15 days of my 90. If on February 1, I then go back to France, I am legally allowed to stay in Schengen for a total of 75 more days to be used up by June 30. If I use up my 75 days by the end of April, let's say, I then have to leave and can't return until July 1.

Once the 90 days are used up, I'd have to wait 3 months before returning to Schengen and starting the 90 day clock again.

This is the standard tourist visa and is known as a Category/Type C visa.

Now, to stay longer than 3 months, there are two ways to do it:

1) Apply for a temporary resident visa of an individual Schengen country. If issued, you can then travel freely in Schengen. This is a category D and you'd have to prove why you need this to the host country. Until this is issued, you cannot leave the host country.

2) There is a combination category C & D which allows you to travel in other Schengen countries for 90 days in any 180 days while waiting for your resident visa.

What confuses people is the notion of a visa. Everyone who travels needs a visa. However, as an example, U.S. and Canadian citizens do not have to apply for a visa prior to visiting Schengen. Once they arrive, and are admitted to the that initial Schengen country, they are technically being granted a Schengen tourist visa--even if their passport isn't stamped.

Reference links:

Belgian Embassy

Greece--Ministry of Affairs

Posted by
337 posts

Your understanding is correct. Or to quote "straight from the horse mouth" (i.e. the Schengen Convention of 1990:

Article 20
1. Aliens not subject to a visa requirement may move freely within the territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e).

Posted by
16198 posts

This is from an article in Czech Business Weekly:

Under the new system, third-country nationals who are “visa-free” for short stays could only reside in Schengen states for three months in a six month period without any visa in case they stay for tourist purposes. After that time period, they would need to leave the country and reside in a non-Schengen nation, such as Romania or Ukraine. Overstaying a visa-free period, or worse, living and working here without a visa, could result in fines, arrest, deportation and ban on entering Schengen states in the future.

Posted by
32345 posts

Kent,

Thanks for posting that! It certainly clarifys the terms of the Schengen Visa.

It's unfortunate that this Thread couldn't be applied as a "sticky" at the top of the "General Europe" section so it would be easy to access in future.

Posted by
12040 posts

I was wondering, because a lot of the posters on this website rely exclusively on Rick Steves: do his books explicitly discuss this issue, other than mentioning only needing a passport for limited trips to most of Europe?

Posted by
6788 posts

They probably just figure that none of us could actually afford a trip that long. I know I couldn't (I'm lucky if I can manage 2 or 3 weeks!).

Posted by
12040 posts

Another point- this doesn't cover student visas either, although hopefully any student in a Study Abroad program gets their logistical information from their university.

Posted by
7999 posts

I would agree with nearly all of the infomation above, but to add to a couple points.
-You would not need to be out of the Schengen zone for 90 continuous days to "reset" the clock if you had been in and out of the Schengen zone and "used up" your 90 days. Basically you would look at your next planned Schengen entry, go back 180 days from that date, and count the number of Schengen days you had, with the difference from 90 being the days available to you. Any Schengen days "dropping off" the front of the 180 days during your stay would also become available.

-Second, and very important, if you use the strategy to visit non-schengen countries to extend your Schengen visa past 90 consecutive days. Make sure you retain some type of documentation showing the visit. Passports are not always stamped, and if questioned, the burden of proof is on your shoulders, not the immigration authorities. Helpful items could be rail or plane ticket stubs, hotel receipts, restaurant checks, even a daily journal could provide some support. Border controls between Schengen and Non-Schengen countries are not always real formal, though with most of the relaxed countries now entering the Schengen agreement (Switzerland, Czech Republic, etc.) this may change.

Posted by
7 posts

Question:

What about if I enter Scengen territory, let´s say Spain or France, or whatever. I spend 90 days traveling around Schengen terriotry. The I go and enter England and spend 90 days there or 180 since I get a 6 month turist Visa, Can I go back to Schengen territory after that?

I guess the point is, is this a way to stay in Europe all year round without breaking the law?

90 Days in Schengen then 180 days in England, and then go back to Schengen for 90 days?

Thanks

Posted by
632 posts

Oh for the "good ol days"...I hitch hiked around Europe for a full year...changed countries frequently, but obviously, under the new rules, I would have been prohibited from my extended stay.

Posted by
2 posts

What if you are studying for 3 months? Can you then stay another 3 months as a tourist?

Posted by
7999 posts

Sara; If you are enrolled in a formal program, you should be able to obtain a student visa, typically for six months, that will cover you for both your class and any travel. work with your school.

Posted by
1 posts

FINALLY, my quest for a clear answer has been found!
I am just confirming my understanding...
I came to Germany APRIL 25, my date of first entry,and I can spend a total of 90 days in the Schengen countries, until October 25.
Since I spent only 60 days in Germany and France, then returned to the USA, my next visit can only be for 30 days.
AFTER October, I have another total 90 days to spend.
In summary, six months total in a year. WHEW!
For anyone wanting to 'test' the system and overstay your visit, I wouldn't risk it. There may not be the old physical check of our passports, but they are electronically checked...kind of like the cameras that get your license plate number and send you a ticket.
Wish we could stay longer than 90 days...there is just so much to see, especially if your retired...money is the only obstacle;)

Posted by
7999 posts

Terry;
If you are retired, it may be worth checking into a Six-Month Visa. It can be some paperwork, and you will likely have to show proof of support (Bank reserves and any pension/SS checks) and health coverage; and may have to indicate your travel plans, but it may be worth it. EU countries are glad to have visitors spending money and your retirement status reduces any suspicion that you are coming to seek work. You can apply for a Schengen Visa at any member nation embassy, which always made me wonder if one embassy was easier to work with than another, but look in to it.

Posted by
337 posts

Paul, there is no such thing as a "Six-Month Schengen Visa" (or any kind of long term Schengen visa). To quote the Schengen Treaty:

Article 18 Visas for stays exceeding three months shall be national visas issued by one of the Contracting Parties in accordance with its national law.

The rules, laws and administrative practices of long term visas and residence permits vary considerably between the member states of the Schengen Area.

Posted by
16198 posts

To extend what Mark wrote...the 6 month visa is for one country only. You still only get 90 days in the remaining Schengen countries.

Posted by
1 posts

Hi

I'm staying with friends in Greece,I only got a visa for 2 and a half months in the beginning of july from south-Afica and now they want me to stay a nother month or two?!?How do I go about extending my tourist visa?Please help!!!!!

Thanks

Posted by
9371 posts

I'm afraid we can't help. You will need to get in touch with the consulates of whatever countries are involved and find out what you can do. We are not visa experts, nor can we offer legal advice. And I think it's safe to say that none of the regulars here has recent firsthand experience with visas for Greece from South Africa.

Posted by
1 posts

Hi, I have a question or 2...
I arrived in europe on an Italian working holiday visa. Once in Italy I had to apply for a 'permission to stay'. Unfortunately the family I was staying with didn't work out so the process was not completed. I am now in Paris and would like to stay here til january 2010 if possible.What would be the best and easiest option? I read somewhere that it was 90 days per country but everwhere else says 90 days total for all countries.

Posted by
10344 posts

Nadine: Your Q: "I read somewhere that it was 90 days per country but everwhere else says 90 days total for all countries."

Answer: It's not 90 days per country, it's 90 days maximum in the Schengen zone, which includes 25 countries and most of Europe except the UK and Ireland.

Posted by
4 posts

To clarify what is meant by date of first entry.
If I take multiple trips to Europe over a span of let's say 5 years, I would have acquired many of this date of first entry, correct? I'm a U.S. citizen.

Let's say, I entered the Netherlands on May 1, 2009 and stayed until July 20,2009. May 1st would be my date of first entry.

If I then enter the Netherlands on November 1, 2009, that would be another date of first entry?

Contrarily, If I wanted to enter the Netherlands on May 1, 2009 leave on July 28, 2009. And then wait 6 months and enter Netherlands in February 2010 and stay until July 15, 2010. Would that follow Schegen?

Essentially, piggybacking 2 three month stays into a total trip of 6 consecutive months within 1 year.

Is this possible according to Schegen for a U.S. citizen?

Posted by
16198 posts

You can stay 90 days during the 6 months following first entry.

So, if you enter on May 1, you can stay 90 days between May 1 and November 1. Anytime you enter after November 1, it starts again. In a sense, it restarts every six months.

Posted by
10344 posts

Eva: The answer to your 2nd question/example is No.

Your 2nd question was "Contrarily, if I wanted to enter the Netherlands on May 1, 2009 leave on July 28, 2009. And then wait 6 months and enter Netherlands in February 2010 and stay until July 15, 2010. Would that follow Schengen?"

Frank's answer already covers this, but your 2nd span of dates would not comply with Schengen. You get a maximum of 90 days every 6 months. In your 2nd stay, your date of first entry would be sometime in Feb 2010, which means you would exceed 90 days sometime in May 2010.

Posted by
4 posts

Is this correct?

My date of first entry into Schengen countries was May 19, 2009. I stayed in Schengen countries continuously until August 4, 2008. Thus I stayed for a total of 78 days straight.

I want return to a Schengen countries on November 4, 2009 and stay 3 months straight. But I don't know if this allowed. It would mean that I would have stayed 78 days in Schengen countries, 90 days in the U.S. and then 12 days in Schengen plus 90 more days in Schengen.

Or do I need to wait to return until November 14th, which would be 180 days later?

I know its confusing. But if you look at a calendar and count the days it makes sense. I want to use up my the remaining 12 days of my May 19th date of entry period, and continue to stay on for 90 more days in my next 6 month period.

Thanks for giving this mind bender a look.

Posted by
300 posts

Your clock starts again without resetting when you re-enter the Schengen area on November 4. By November 16 you will go above 90 days in the Schengen area in the 6 month period that began on May 19.

Further, when you say "12 days plus 90 days" you're clearly planning to be in the Schengen area for 102 days. The rule works such that you can't be in the Schengen area more than 90 days in the 6 month period following any entry, so 102 days nonstop is out of the question.

Think of a 6 month "window" extending back from the current day. In that window you can't have more than 90 days in Schengen, regardless of how many times you visit. In your example you potentially violate this requirement twice.

Once you go above 6 months after your first entry, Schengen days would roll off the back end for every day that you're in Schengen on the front end, so you could once again spend the entire allowed 90 days in Schengen.

If you wait until November 7 or 8 to re-enter the Schengen area you won't exceed 90 days in the 6 months that began on May 19, and then I think you could stay a total of 90 days from that entry day (November 7). But without a visa you can't ever stay more than 90 days straight.

I don't know how you counted your days, and I don't know how "they" count days. To be safe you might want to count both the entry day and the exit day (so if you entered on the 10th and left on the 11th, that would count as two days).

Posted by
9371 posts

You can't stay 102 days in a row. In order to avoid any question, you are better off waiting to reenter until the first period expires, then go back and spend another 90 days.

Posted by
4 posts

Thank you for your reply.

How do you get November 7th as the next entry date?

If I count 180 days from entry date of May 19, 2009, I come up with November 14th.

Posted by
4 posts

Would it be valid if my entry date was May 19th stayed 78 days in Schengen countries, stayed 90 days in U.S., then returned to Schengen countries for 12 days plus 78 days.

Posted by
300 posts

How do you get November 7th as the next entry date? If I count 180 days from entry date of May 19, 2009, I come up with November 14th.

I did some calculations in my head (I might have been a day or two off on the early side). I was also being conservative in counting 6 months, which is longer than 180 days, but is how the rule mentioned in the first post is written. That's why I calculated from November 19, since that's six months rather than 180 days after May 19.

I'm not sure of the official wording of the requirement (it is 90 days in 180 or 90 days in 6 months?). Your absolute safest thing is not to travel back to europe until November 19, which is 6 months after your previous entry. I think there are ways to make use of the 12 unused days to arrive before November 19, but you still can't stay more than 90 days beyond your arrival, and I would allow a couple of extra days in there so you're not sitting right at 90 days at any time.

Posted by
9371 posts

Yes, Eva, 12 days plus 78 days would work.

Posted by
2 posts

Ok, so I came to Europe on June 17th and I returned to the US Aug 19th. Therefore this summer I was in Europe for about 2 months give or take a few days. Now it is December and I flew to Europe on December 17th and I want to stay till March 4th. Technically it has been about 6 months since my initial entry. Does the 6 months start over and I can stay till March? Or is my stay now included in the time I spent from June to August? Can I apply for a visa while in Sweden?
Thanks :)

Posted by
2 posts

Do I have to wait 6 months inbetween visits or does it start completely over in 6 months after initial entry?
Thanks Again.

Posted by
16198 posts

You returned to Europe six months after your initial entry so in a sense it starts again. You can now stay up to 3 months during the six month period starting Dec. 17. (Give or take a day.)

Posted by
430 posts

SARA -- I have not taken the time to look it up, but there is a student exception to the Schengen requirements. If you are studying and currently enrolled in a recognized university you are not using up Schengen days. You cannot, however, be enrolled as a student, then at the end use all your 90 days -- your total of 3 months is reduced, though never fully exhausted, by having made entry for the purpose of study.

Perhaps Kent is aware of this provision and can expand on it.

Posted by
56 posts

Our situation is similar to another posted, but I just want to be sure...
We live in Germany. Mother-in-law arrived to visit on Dec. 18 and plans to stay 2 or 3 months. She would like to be here on June 13 for my daughter's high school graduation. Does the 6 months/180 days reset even if she returns to Germany around June 10 (providing she leaves at the end of February having stayed 73 days)? In other words, if she arrives for the second visit on June 10, does she have 17 days or 90 days?

Posted by
16198 posts

She has 90 days in a six month period.

Let's say she enters Schengen on January 1 and stays two months. She now has a maximum of one month left until July 1.

She return on June 1 and stays one month. She is still in the legal limit of the six month period that started Jan 1. However, she has also started a new six month period on June 1. That means she can stay no more than 90 days between June 1 and Dec 1.

Every time you enter Schengen you start a new 6 month period but you may also still be under a former six month period if you had been in Schengen within six months prior to the new entrance.

Posted by
16198 posts

If you are a student studying in Schengen, you can request a student visa that will allow you to stay longer than 90 days but you must prove you are a student studying in Schengen. (You must have a letter from the school confirming your affiliation with them. And apply prior to arrival.)

Just showing up with your passport and student ID does nothing more than just showing up with your passport. The same rules apply.

Posted by
9371 posts

Amy, to more specifically answer your question, if your mother-in-law stays 73 days now, she will have 17 days left to use when she returns on June 10. However, since the 180 days runs out on June 18, she will only use 8, so no problem there.

As Frank said, her new 180 day period will start on June 10, and she'll use eight of her 90 days from June 10-18, leaving 82 more that she could stay before Dec. 18.

Posted by
337 posts

Amy, assuming that your mother-in-law is a US citizen and that she will not visit any other Schengen states besides Germany: Article 20(2) of the Schengen treaty reaffirms that earlier bi-lateral treaties between non-member states and a member state take precedence over the Schengen treaty in that member state. Which means that the relevant treaty for your mother-in-law isn't the Schengen Treaty, but the US-German Visa Treaty from 1953, which has a simple "90 consecutive days" rule, not the more stringent "90 days in 180" Schengen rule. So: yes, the clock does reset in this special case (US citizen in Germany).

Posted by
1 posts

Ok. I've read everything but what do you think about this one...I got to Berlin on August 17th and have remained in the Schengen zone since. On the The 17th of November, I'm flying to Morocco and will fly back to France on the 17th and intend to stay there another 3 months. It's cutting it close because it's right on the dates. I this possible?

Posted by
9371 posts

How long do you plan to be in Morocco? Flying into France the 17th of what month?

Posted by
1167 posts

The rule is 90 days in any 6 month period. The 6 months started on August 17 so as of today you have used 70 days. Between now and March 17 so can stay only another 20 days. The 90 day clock does not restart when you re-enter within the original 180 day period.

Posted by
2829 posts

To reinforce an important feature of the Schengen counting: the 180-day window is a "moving" one. It is no "reseted" after 180 days, but indeed moved one day forward, each day.

So, in a case like this:

  • arrival in Schengen Area (S.A.): day 1
  • departure from S.A.: day 40
  • arrival in S.A.: day 130
  • departure from S.A.: day 200

The visitor would be fully abiding to the regulations. However, someone travelling like this:

  • arrival in S.A.: day 1
  • departure from S.A.: day 40
  • arrival in S.A.: day 150
  • departure from S.A.: day 250

will be in violation of the regulations. The time-count is not reset on the 181th day from the first arrival.

In practice, there is no way to combine the "leftover" days from a "previous" 180-day window with new 90 days in a "new" window to stay more than 90 consecutive days. It is impossible to stay in Schengen for more than 90 consecutive days on a visa waiver for tourism or business, which misleads some people, even some professionals who write websites, that Schengen regulations limits your stay to 90 consecutive days. You surely can't, but that is for other reasons.

On a side note: with newer passports, a stamp is not needed for border agents to have control over your entrances in different countries. Information is just read from your passport chip and stored on FRONTEX.

Posted by
1 posts

Hello -- Is it possible for me to Study as a STUDENT VISITOR (not a visa that involves application) in the UK for 6 months and THEN after that time expires travel around germany for 1 month? I will also take trips to the schengen countries during my London studies (probably for a total of about 1 month). What I'm asking is will Germany allow me to enter even if my UK time has expired? I am a US citizen.
Thanks!

Posted by
9110 posts

JULIA, Having no idea what a student visitor visa is, the answer is that you're fine. The Schenegen crowd don't give a rat's rear bumper about your relationship with the UK. You'll only be cumulatively in the zone for sixty days or so, that's all that matters.

Posted by
2 posts

Thank you for this research! I need a few clarifications however: 1. The number of days spent in the UK count towards the 90 day limit under the Schengen agreement. So, if I enter the UK first, spend 7 days there, and then return to the UK after 83 days of travel in other Schengen countries, I could remain in the UK for another week if I chose to before returning to the US.
2. Although the clock is not reset by traveling to non Schengen countries (i.e. Turkey, Croatia) I could deduct the days spent there from my 90 total? Have I understood this correctly?

Posted by
9110 posts

NOOOO!!! The UK is not part of Schengen. Time spent in one has no relation to time spent in the other. Time spent in the UK is time spent out of Schengen.

Posted by
2 posts

Thank you for this research! I need a few clarifications however: 1. The number of days spent in the UK count towards the 90 day limit under the Schengen agreement. So, if I enter the UK first, spend 7 days there, and then return to the UK after 83 days of travel in other Schengen countries, I could remain in the UK for another week if I chose to before returning to the US.
2. Although the clock is not reset by traveling to non Schengen countries (i.e. Turkey, Croatia) I could deduct the days spent there from my 90 total? Have I understood this correctly?

Posted by
9371 posts

No, Margaret, you have not understood at all. UK is NOT part of Schengen. The 90 day limit is for the Schengen area only. Whether or not you spend time in the UK, you only get 90 days out of 180 in the Schengen area. There is no "deducting" of days from the 90 day total as you suggest in your second question. The 90 days starts when you first enter the Schengen area. If you leave the area, the clock stops on the 90 days. When you reenter the Schengen area, the clock starts back up. Example: Say you spend 30 days in the Schengen area, then go to Croatia for 20 days, then reenter the Schengen area. On reentry, you have 60 days left that you can spend in the Schengen area.

Posted by
12040 posts

There've been a few proposed travel ideas posted lately that don't take the Schengen Treaty into account, so time to bump this thread back up!

Posted by
146 posts

Good job on doing your homework here, Kent. We need to be able to easily access this thread somehow in the future. (Sometimes I think people just like to say the words Schengen, magma, and Bosco.)

Posted by
33757 posts

You know - this Helpline causes interesting thoughts to pass through the mind. It occurs to me that the consequences of ignoring the rules of the Schengen Treaty can be as powerful and life changing as the Magma from a massive volcano - so massive that the individual may never get home to get their Bosco.... just sayin'

Posted by
2829 posts

Nigel, it might seem travel for the Helpliners that have (also) an European citizenship. However, the majority of people here don't want to break the law or risk the possibility of getting into trouble, like the majority of Europeans travelling to US don't want to overstay their Visa Waiver Program non-extendable 90-day stay when travelling to US, even if chances of they getting in trouble are not that high unless they plan to return.

Posted by
1 posts

I will be in the Schengen area for "110" days before my student visa starts. Theoretically if I went to the UK for 21 of those days (weekends/daytrips), I will not have overstayed my 90 days right? Please help me. I cannot get a long term residence visa in time for my trip and I cannot afford to come back to the states. Please let me know..

Posted by
9371 posts

If you do as you suggest and leave for a total of 21 days, you will not be overstaying. Just be sure that you keep careful documentation of your entrances and exits from the Zone (receipts, tickets, etc) to prove when you were out.

Posted by
2829 posts

Michelle, Your reasoning of staying in UK is correct. However, I'd triple check with the embassy of the country that is issuing you a student visa before taking that approach, as there lies potential for trouble: (1) some countries will only issue the visa within a short-term (sometimes less than 60 days) before the day of arrival (e.g., the first day of your visa), meaning you'd have to be in US anyway. I don't know of countries issuing students visas with 7, 8 months anticipation - so check the concerned embassy to see if that is even possible. (2) not all Schengen countries will allow you to enter as tourist if you already have a visa issued for study purposes, or will modify the initial date of your student vista to the date of your actual arrival. (3) immigration officials might question you about why are your arriving so early for studies, and demand proof you intend on returning to US after 90 days.

Posted by
1 posts

I have a question. Can anyone pleaseee help me?! I've looked everywhere and even called the consulate, but I still don't feel 100% sure that I have a solid answer...Here's the situation: This past semester I spent about 4 months in Salamanca, Spain. Now, I'm back in the US. This summer, however, my aunt and I want to plan a trip back to Europe (I want to visit my host family and friends, she wants to see Europe). HOWEVER, some people have been telling me that I am not allowed to go back to Spain or the Schengen zone until I have stayed out of the country for 90 days. I have tried finding concrete information and/or confirmation of this, but I haven't found anything! I have a class D, 180 day Visa to Spain. It expired on July 1, 2012. BUT. I left Spain on May 19, 2012. What I want to do is plan a trip for the beginning of August, which will be about 60-something days after I left the country, but only 30 since my visa ran out. Will I be able to get back in the country? I REALLY want to visit my host family! They were really excited when I told them I might be coming back this summer, and my host brothers really want to see me (they're 5)! Will I be breaking any laws? I don't understand how this works. I just want to go back to Spain for one-two weeks as a tourist, then my aunt wants to see Paris and maybe Ireland. Could I enter? When I called the consulate in NY, the woman at first didn't understand what I was saying. The second time, she seemed to get it. She then asked, "And you're an American citizen?" "Yes." "No problem! You can go back!" I don't know if I trust her, haha. So...help!!!! Porfa. :)

Posted by
410 posts

To the previous poster - my understanding of your situation and to the best of my knowledge, realizing there are always some conflicting views on this subject would be as follows. Your 180 day visa is/was different to the schengen arrangements. I would think you would now, on your proposed trip be subject to those schengen arrangements, irrespective of the fact that you have recently spent 4 months in Spain. I am guessing that is what the person at the consulate means - but I AM guessing. To me the fact that you left before that 180 day visa expired is irrelevant as are the number of days since that date or its actual expiry. If it were me I would try to get something in writing from your consulate and I would also ensure on travelling that I had all documentation with me with respect to the previous visa.

Posted by
9371 posts

Breanna, the expiration date of your student visa has nothing to do with anything (except that you could legally stay through June). Since you are back home, your "first date of entry" will be your first day in Spain in August. You would then be able to stay in the Schengen zone for 90 days if you wanted to. By the way, I was just in Salamanca a couple of weeks ago myself, and it is one of my favorite cities in Spain.

Posted by
4535 posts

Breanna - none of us are "experts" on this or work from the State Department, so always take this as general advice only. But my understanding concurs with the previous 2 posters: that your student visa was a separate visa and that you are permitted to enter in August under the Schengen terms. You might also try confirming this with the US State Department, as someone there might be better informed than even a consulate worker.

Posted by
33757 posts

Its nice to see Kent's old thread regularly being kept alive. I miss Kent - so much valuable information - its a shame we don't see him much.

Posted by
3 posts

Hello, I've got a riddle... hope you guys can help. 1. I am a US citizen, doing my master's in Italy. 2. I had a student visa for Italy, which allowed me to apply for an Italian permit of stay. This permit expired on March 28, 2012. 3. I did a study abroad (from Italy) in Lithuania for a year beginning in September 2011 - my Lithuanian student visa expired on June 30, 2012. 4. I went home to the US for Christmas on December 15th, came back into the Schengen zone on January 28. 5. I have been staying in Lithuania on the 90 day visa waiver ever since my student visa expired on June 30th - 54 days have elapsed as of the writing of this post. 6. My graduation in Italy is on September 28, 2012 - exactly 90 days from June 30. 7. My parents are flying in from the US and would like to travel with me for about a week after my graduation as a present. 8. The Italian Embassy in Lithuania is refusing to issue me a student visa to Italy, which would allow me to reapply for an Italian permit of stay. They tell me I have enough time (90 days) to graduate and then I should leave the Schengen zone. SO, THIS IS MY QUESTION: Can I leave the Schengen zone to say, England, and stay there for some time, and then come back into the Schengen zone (Italy) 1) without any problems, and 2) pushing my 90 days forward a bit enabling me to travel for some time with my parents after I graduate? For example: I fly into England on September 14, fly out on September 23 to Italy. This is 9 days that I can then add onto September 28, meaning I can travel with my parents until Sunday, October 7th?
As I understand, I cannot reset the 90 day counter by leaving and then coming back in. IF NOT, I WOULD APPRECIATE SUGGESTIONS!

Posted by
4535 posts

Monica - your question is like a middle school math problem and makes my eyes gloss over... But based on the last part of your question, if I understand it correctly, you are asking if time spent in the UK counts against the 90 day limit for Schengen visa. The time spent in the UK does not count against the 90 day limit in Schengen countries. The UK is pretty good about stamping passports but definitely be prepared to show documentation of time spent outside Schengen. But I'll also add that you have a very complex situation with various visas and a lot of time spent in Europe. You are at risk of more intensive questioning by immigration officials from any country (including the UK) and better be on the right side of the law and prepared to show that you are. I'd highly advise, as we do thoughout this never-ending thread, to consult the State Dept or a European immigration expert/attorney.

Posted by
2 posts

Hi! I realise this is an old thread but was hoping someone would still be able to help me. My situation is similar to Monica's above. I am currently studying in Spain, I have a year-long student residency which will expire on the 30th of January next year. I want to travel around Europe throughout January, February, March and part of April, spending time in and out of the Schengen zone. Will I be able (as it looks like Monica did - staying in Lithuania on the 90 days after her visa there expired) to simply start my 90 days after my student residency expires? I guess I'm crossing my fingers Monica herself will see this and be able to reassure me/explain, as it's quite a specific situation. (I'm an Australian citizen but as I understand it the Schengen rule applies to us exactly the same as it does to US citizens.)

Posted by
2876 posts

@Jessica - you'll generally have better results if you start a new thread instead of "hijacking" one that's 4 years old. Your question came up with one of my daughters, who had a student visa to attend one of the universities in France a few years ago. What we were told at that time was that a student CAN travel as a tourist in the Schengen zone for an additional 90 days after the expiration of their student visa, as long as they hadn't traveled to another Schengen country during the previous 6 months.

Posted by
2 posts

Sorry, I just thought Monica might have gotten an email notification if I posted here. Thanks for your help though, that helps a lot and is reassuring! I'll make sure to double check as well.

Posted by
9436 posts

Start a new thread... and send Monica a PM. Only the person that started this thread (Kent) will get a notification.. Monica will not. We miss you Kent!