Schengen Area travel restrictions

What is a regular country Visa?

This is a legal issue about which you, potentially, may want to obtain advice from a qualified lawyer specializing in this subject; none of us here meet those qualifications.

But here is what we amateurs think we can tell you about the Schengen rules:

1. This is a link to the US State Dept. website that tries to explain the rules:
   http://travel.state.gov/content/passports/english/go/schengen-fact-sheet.html

2. This is a link to another site that tries to explain the rules; note that it suggests US citizens go to the link in #1 above:
   http://goeurope.about.com/od/europeantripplanning/f/schengen_stay.htm

3. This is a link to perhaps the fullest discussion of this issue we've had on this forum:
   https://community.ricksteves.com/travel-forum/general-europe/can-t-stay-in-schengen-zone-more-than-3-mos-in-6-mos-following-first-entry

What Kent said. Do read that thread in number 3, from top to bottom.

Since that thread closed last year there have been a number of changes in the membership and use of the Schengen countries.

Lichtenstein and Switzerland are now part of the Schengen area even though they are not part of the EU, and still control border passage quite tightly.

Croatia is not part of Schengen but sees itself as if it were, the same 90 in 180 days in Schengen apply there, both entering and leaving.

Don't take old news as gospel - things change and calculations have recently become tighter.

Bear in mind that border agents don't have to admit you even if you are entering the Schengen area, or any other area including the UK and Ireland, with plenty of days left on the clock. They may still demand tickets, insurance, and funds proof. Many places will see an intention to stay a year as the thin edge of the overstay wedge. Be ready with the proofs, a happy face, and a positive attitude.

BTW- volunteering, if that might be your plan, counts as working and is generally not allowed - WWOF etc.

If you mean by "regular visa" an extended stay visa issued by a specific country, then the understanding is that it allows you to be in and visit other Schengen countries as long as the visa is valid. You essentially become a resident. But some countries, maybe all, aren't going to give you an extended stay visa if you aren't going to stay more than 90 days in that country.

You should also be aware that most passports now have chips and can be scanned by the border agent. Scanning means that the entry dates come up on a screen on their computer and it removes some of the human factor that relied on an agent closely flipping through each page to find out your entry dates and how long you've been there. In other words, it's much easier to be caught for overstaying and they can issue hefty fines and expel you on the spot. I know that is not your intent, but it's a warning since it can get complicated with figuring how many days you are in and out for such a long stay.

It is not three months, it is 90 days out of 180, counted to the day. For the UK and Ireland Common Travel Area it is 180 days. Most people plan on something like 90 days in Schengen Zone then another 90 in the UK ( for their "away time"as you call it). In theory one could return to Schengen after the 90 days "away time" but I imagine it is very tricky to count the days correctly to get it right. There is no wiggle room.

One question that has come up was if you were just transiting by train to another non-Schengen country, did you need to worry about your 90 day count. Yes, you do. Leave yourself some extra time for such things-only stay 80 or 85 days in Schengen to give yourself that wiggle room. Fines are steep and they can ban you from returning for a long time.

You need to understand that a regular visa as you call it is a residence permit. And that is exactly what you will be a resident not a tourist and so you will be subject to all local laws in terms of taxation, insurance, social welfare contributions, healthcare etc...

On top of this you may also be subject to US non resident tax provisions, because of course you are no longer considered an American on holidays...

It is not as simple as getting a different kind of visa, there are a lot of other implications, so make sure you are well informed before you commit to such an option.

Lots of worthwhile reading for you above. Other countries where I have happily spent a month outside the Schengen area include Turkey and Morocco. I can also recommend a visit to Bulgaria, after taking our tour there. See notes at http://www.ricksteves.com/travel-tips/transportation/car-leasing about buying a used car in Europe.

What everybody else said. Be sure to thoroughly explore that State Department site.

Under the what countries participate section you can see the list of countries. If you click on the country, you can get to its Entry, Exit & Visa Requirements which includes what to do to be allowed to stay longer than 90 days. It ain't easy. Since you mentioned Spain, here's the link for that country: http://travel.state.gov/content/passports/english/country/spain-and-andorra.html.

Thanks, all, for the replies. There seems to be much to digest; so I'll take some time to read the sites suggested. Again, gracias!

If you do decide to apply for a visa, allow plenty of time for the process, especially if it's for France (not sure if other countries are as complicated). I was planning to spend a couple of weeks more than the allowed 90 days on my upcoming trip so I started the process 5 months in advance. It wasn't enough time! There were no required in-person interview appointments available at my assigned French Embassy for many months, I'd have to drive 7 hours to get there, all documents had to be translated into French (expensive), what if they decided I needed some other documents?, plus everything had to be completed and approved at least 3 months prior to my departure date. I decided that the lesser of 2 evils was to change my return date. I would recommend starting at least 6 months in advance, or more if you can.

Ironic that we try to get in legally, with money, and they make it so difficult.

Ah Ginger, if only we travelers with money were the only ones trying to get in it probably would be easy.

Read carefully what Jim wrote. Living in Europe, which is what a year will effectively amount to, is a completely different ball game from visiting as a tourist. You would almost certainly need a long-term housing rental. I won't go into all the details, but just think about this. Consider all the things you need to do in your daily life. Pay bills, including electricity, water, telephone, internet, etc- the process is quite different from the US. Use the postal system. Obtain a doctor's appointment. Separate your garbage. Know where and when to set it out. Obtain the services of a plumber when your toilet backs up. And so on, all of which will require a fairly in-depth proficiency in the local language. When you stay in Europe on a short visit, your hotel not only provides you with a place to sleep, but they arrange most of these services for you. When you live here, for the most part, you're on your own.

Read carefully what Jim wrote. Living in Europe, which is what a year will effectively amount to, is a completely different ball game from visiting as a tourist. You would almost certainly need a long-term housing rental.

He said no such thing. Many people travel in Europe for extended periods without "living" in one place. You can move around from city to city just the same over 2 weeks, 2 months or 12 months. And for longer term stays, apartment rentals are easy and let someone else deal with the bills and hassles.

Well I may not have said exactly Tom said, but he is correct in that you will have to establish a permanent base in the country issuing the residence permit. And no, you can not move around as you seem to think without breaching the conditions of your permit and if caught the penalties are more severe than those for breach of tourist permits.

Bilaterals agreed before Schengen trump these rules. I do not profess to know the details of of all of these, but I believe this is the situation for Denmark and Poland, ie you can get 90 days there irrespective of time spent elsewhere. Pull these in with time spent in countries out of Schengen and a year may well be possible.

@Marco

What bilateral agreements are you talking about, please provide a reference? Both Poland and Denmark are full members Schengen and fully apply the Schengen rules. All Schengen members operate national visa (residential) programs which allows one to stay longer in that country, but still restricts your travel to short visits or holidays totalling 3 months within the 6 months period. This is the type of visa/residence program that Tom and I were referring to....

Yes they are full members, but they have pre-existing agreements with American passport holders. When Schengen was introduced these were not abrogated as it would have taken years to undo bilaterals.

The relevant article is Article 20(2).

A reference for Denmark: http://www.nyidanmark.dk/en-us/coming_to_dk/visa/Visa_free_travel.htm

Citizens of certain countries are entitled to stay in Denmark for 90 days, regardless of stays in other Schengen countries Citizens of Australia, Canada, Chile, Israel, Japan, Malaysia, New Zealand, Singapore, South Korea and the US can freely enter and stay in Denmark for up to 90 days in any 180-day period, regardless of whether they have stayed in another Schengen country prior to entry into Denmark. The 90 days are counted from the entry date into Denmark or another Nordic country. If you have previously spent time in Denmark or another Nordic country within the previous 180 days, that time will be deducted from the 90-day maximum.

This is produced by the Danish Immigration Service.

@Marco,

OK, but the only difference is the paper work... the OP would still be limited to 90 days in the rest of the Schengen area, where as the objective was to somehow get around that limitation in a legal manner.

Bilaterals by their nature only allow a visit to the country concerned.

The object was to spend a year in Europe. This would enable 90 days in Nordic countries in addition to 90 days elsewhere in 'general' Schengen. Add in 90 days in Poland, and 6 months in the UK/Ireland and that is over a year already, by which time 90 days in Schengen would be available once more anyway. Of course the OP might not want to visit these countries in particular for those lengths of time, but it does open up some possibilities. It would however, run the risk of making an immigration official suspicious somewhere along the way.

New Zealand I understand is the country with the most bilaterals, which would permit in theory 90 days each in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, The Netherlands, Norway, Portugal, Spain, Sweden and Switzerland! Somehow though I doubt the immigration systems would cope with this ...

My wife and I are retired. Our three daughters live in Europe. We spend 6 months a year in Europe, following Schengen rules. We spend 89 days in the Schengen zone, then visit friends in England for a week on the way out, then return home for three months, and repeat. You MUST follow the rules. As some of our fellow readers know, one of our daughters overtstayed the 90 day limit by three days and paid (we paid) a 500 euro fine. They can ban you from reentry as well. Now, my wife and daughters qualify for Hungarian citizenship (Americans can have dual citizenship) because her father was Hungarian. It took six months of paperwork and lots of effort with the consulate. I will also get Hungarian citizenship but must pass a Hungarian language test. I'm 66, and my French and German are quite passable and my Spanish very good, but Hungarian is a plod for me. But I'll get there. And then we can stay for as long as we want!

If you have relatively high income, beware of tax provisions you fell under as a resident in Europe, even if just for one year.

Just a context information: there had been some discussions in the past about creating extended-stay Schengen visas for cases like this - people travelling for longer periods and usually spending a lot of money in the process, without burdening social services or public services though. However, they couldn't come up, yet, with a solution that can legally distinguish between a case like the one of the OP and other people using these visas as a way to circumvent restrictions on family reunification visas for relatives of immigrants that are still living abroad. It would be very hard to ascertain that an applicant is not a disguised would-be worker, whether a backpacker is just that or a young person wanting to take side jobs to pay for his/her stay during a gap year etc.