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90 days within the 180 days HELP

Posted by on

Hi everyone

I am having some difficulties understanding the "90 days within any 180 day period" cycle rule. Basically, I'm not sure when the clock would reset itself and under what conditions would it reset. I entered Spain on the 21 December 2016 and stayed there for 62 days. I left for home around 20 February 2017. So technically, I have 27/28 days left in my 90days count within this 180 day period. I was planning to go again to Spain on the 9th of June 2017 but I was told (by the immigration officers) that the clock count will not reset itself while I'm in Spain.

Originally, I thought that from 9th June onwards I can spend the remaining of my available 27/28days there and the clock count would automatically reset itself again once my initial 180 day period has lapsed and I get another 90 days from there on.

But some officer mentioned I had to fulfil 3 months outside of Europe to be granted access again. Question is, 3 months from when? 3 months from the date of my departure from Spain or 3 months from the date my 180day period is finished?

Point is, I want to spend another 90 days in Spain and the rest of the schengen area. Does anyone know when exactly is it legal for me to do so?

Posted by
33778 posts

The "clock" never resets itself. It doesn't work that way.

The rule is really very simple. To use the visa waiver program as it currently stands, you are allowed to travel for up to 90 days in any 180 day period, anywhere in the Schengen area without a formal visa. It is not a fixed 180 day period, it is a rolling one which needs checking every day.

For every day of your trip, look back 180 days and see how many days you have been in the Schengen area. That includes arrival days and departure days, midnight to midnight, no matter how small the portion of a day. If your flight out leaves at 2 minutes past midnight that day counts.

If the total is less than 90 you can stay at least 1 more day depending on the number. If the total is 90 or more and you are still in the Schengen zone you have broken the law.

If you want 90 days in Spain you must have been out of Spain for at least 90 days.

In your case, 90 days from 21st December is 21st March 2017.

You can't have left "around" the 20th of February. It must have been a specific date. Your passport stamp will show the exact date.

You can "use up" your remaining days before the 180 days, June 19th, and as long as when you count back 180 there are less than 90 it will roll with 1 on and 1 off each day.

Since today you have been out of the area for 90 days from March 5th and you left on "around" 20 February you are fine. On June 9 you can have another 90 days.

But, for complete disclosure, I am neither an immigration official nor a lawyer, not do I play either on TV.

Posted by
2 posts

I just checked my passport. I was stamped a "20.12.16" and a "19.02.17".

So what you're saying is the 180days is not a fixed count. On 9th June (the date of my next flight), the clock would start counting again 180days from there on?

If what you're saying is true, you just saved me the cost of a new flight. Thank you!

Posted by
21118 posts

Like Nigel said, the clock never starts or stops, it just keeps on ticking. But since it has been more than 90 since you left the Schengen zone, you are now good for another 90.

Posted by
2393 posts

The 180 days does not reset - its a rolling count - when you hit day 181 - your day one rolls off.

So you were there for 61 days the first trip.

That leaves 29 days in the 180 from 12/20/16

the 180 days from 12/20 ends on 6/18

so for every day after after 6/18 one day from the previous stay rolls off the count and and one day to stay is added

So yes - if you go on 6/9 you can stay 90 days

Posted by
8889 posts

Nigel has explained it well. It is one of those things that is actually quite easy, but people think is more complicated than it is.
It is exactly as advertised: "90 days within any 180 day period"

Every morning you get up, you count how many days you have been in the Schengen Area in the last 180 days. If the answer is less than 90 you can stay, or re-enter if outside, if it is 90, you must leave that day.

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