Schengen rules

Posted by Peggy (Oklahoma City, OK, USA) on 04/01/10 09:33 PM

I have just this evening learned about the Schengen rules by reading some of these Travelers Helpline topics.

My son has a visa from Spain to study there for six months (or maybe 180 days). He arrived there Jan. 14. He plans to go to Morocco Apr. 11-16, then return to Spain to finish the semester, then travel around the Schengen countries, and leave July 21 to return to the US.

Two questions, arising from some posts I have read:

Will his original 6-month visa be enough to get back into Spain on April 16? If not, what will he need?
I just counted up and Jan. 14-July 21 is 188 days. Are the 5 days in Morocco subtracted from 188? If so, that makes 183 days in the Schengen countries. Does he need to travel 3 other days outside the Schengen zone, to not get in trouble when he tries to leave Spain on July 21? Or does he need to leave by July 13 (180 days) or July 18 (180+5 days in Morocco)?

Posted by Kent

US Pacific Northwest

04/01/10 09:53 PM

10344 posts

I don't know the answer to your question, but it's good you're asking, see the specific warning (below) on the US State Department "Country Specific Information" for Spain.

"The Spanish Government scrutinizes visitors who overstay their visas or their visa-free entry per the Schengen agreement. Immediate deportation after spending a number of days in jail is not uncommon. Visitors should take care to exit Spain promptly at the end of the 90-day visa-free travel period or at the end of the time stated on their visa.

This gets my attention, because this kind of specific warning about deportation and jail time is not included in the State Department information on some other Schengen countries, such as France and Italy.

The State Dept website recommends that those with questions of this type consult the sources below for further information about entry/exit requirements: "For further information concerning entry requirements for Spain, travelers should contact the Embassy of Spain at 2375 Pennsylvania Avenue NW, Washington, DC 20037, telephone (202) 452-0100, or the nearest Spanish Consulate in Boston, Chicago, Houston, Los Angeles, Miami, New Orleans, New York, San Francisco, or San Juan. Additional information can be found on the Spanish government web site http://www.maec.es/en/Home/Paginas/HomeEn.aspx. Additional information may be obtained from the Tourist Office of Spain http://www.spain.info/ in New York at (212) 265-8822."

Good luck on this. It's good you're asking the question.

Posted by Mark

Berlin, Germany

04/02/10 04:10 PM

337 posts

Peggy,
long term visas don't fall into the jurisdiction of the Schengen Agreement. In other words, your son's options are determined by national Spanish law and "days outside the Schengen zone" are irrelevant.

In my experience visas tend to have an explicit expire date (like "July 13, 2010"), not an interval (6 months or 180 days), but that's easy for your son to find out: just read it.

Posted by Ed

Pensacola

04/02/10 04:33 PM

9110 posts

Most schools have something like a 'dean of international students' who routinely deals with this sort of thing. If your son checked there . . .

And Schengen has absolutely nothing to do with it.

Posted by Nancy

Bloomington, IL, USA

04/02/10 04:54 PM

9371 posts

"Visitors should take care to exit Spain promptly at the end of the 90-day visa-free travel period or at the end of the time stated on their visa."

This tells me that he would have to exit Spain by the date on his visa. If it were six months from his arrival date, it would expire on July 14, and he would have to leave by then.

To answer question #1, yes, his visa will be enough to get back into Spain in April.