specific question about my possible trip to europe with Schengen law
 

Hi, new to this board but I was hoping someone could help me with questions regarding my planned upcoming trip to Europe.


I wanted to visit and travel around Europe with my girlfriend (who is German and lives in Berlin), but mostly reside in Berlin with her. I was planning on leaving September 5th and coming back December 3rd...which is exactly 90 days.

I was just in Europe from April 26th til June 18th. (a week of that was spent in the UK, but not sure if that matters but worth mentioning as its out of Schengen) so thats 56 days total between my entering and exit stamps of the EU this year.

so, that means I was there for 56 days, then back in the states for 2 months, then i want to go back for another 90.

is that something that I could get in big trouble for? Im confused whole the whole 90 days within 180 work thing.... maybe i need to clarify this more. but do you see what question im asking? I guess if i did get in trouble it wouldnt be until I am trying to re-enter the states right?

would it be smarter to go back after September 18th, since I got back June 18th, meaning 3 months are in between my trips?

any help would be greatly greatly appreciated. thank you!!

You have 34 days left from your previous trip that started on 26th April, whose 180-day period will end around 26th October. So between now and 26th October, you can stay 34 days and then the new 180-day period will kick in for further 90 days. So to be strictly legal, you should start your next trip 34 days before 26th October or around 22nd September.
In most cases, 90-in-180 days rule isn't strictly enforced, but I have known some diligent border agents actually counting days from passport stamps to check on compliance, so it's best to be totally above board. Germany, Netherlands and Switzerland have a reputation of being strict with enforcement.

so are you saying that technically, if I were to leave on the 22nd of September I could stay for 124 days? that just doesnt seem to make sense to me.

Also, I was thinking of flying in and out of Copenhagen...but only maybe because flights seemed cheaper. are they known to be strict?

You can only stay for 90 days maximum, not 124.

I would count on any border controls being strict. Don't try and fool them or you could be refused entry.

so travel on the 24th and stay 90 days. (period)

You can use the calculator:
http://ec.europa.eu/dgs/home-affairs...ulator_en.html

Only use the dates you spent in the Schengen area (not UK,..)
Set Date of Entry/Control date to your planned departure (i.e. whenever in fall after those 90d)

That is an excellent site Cowboy.

alright so basically itd be better for me to wait 90 days since I was last there, which was June 18th that I flew back to the states. and then now if I wait til...say Sept 21st I can fly and stay for 90 days with no hassles...

yeah?

What you should do, to be totally legal, is after spending the remaining 34 days, leave Schengen and re-enter at least a day after to start further 90-in-180 days. This way, you won't be staying 124 days continuously.

Yeah

Did you use the calculator Cowboy linked to? Or read the PDF explanation with it?
That gives you your answer.
No one here is an expert in Schengen law.

To be completely safe you need to wait 180 days from the date you first entered Schengen, otherwise you are still on your 90 in 180 days.

<i>What you should do, to be totally legal, is after spending the remaining 34 days, leave Schengen and re-enter at least a day after to start further 90-in-180 days. This way, you won't be staying 124 days continuously.</i>

No.

The 90-in-180 days says:
<i>the maximum duration of authorised stay is defined as "90 days in <b>ANY</b> 180-day period […]".</i>
And:
<i>The notion of "any", implies the application of a <b>"moving" 180-day reference period</b>, looking backwards at each day of the stay (be it at the entry or at the day of an actual check), into the last 180-day period, in order to verify if the 90 days / 180-day requirement continues to be fulfilled.</i>

You never start a "new" 90/180 period.

Yes, the calculator reflects the new definition of 90-in-180 day rule implemented last October, with moving 180-day period rather than static one in force before that, to which my comment applies.

Doesn't make understanding and conforming to the rule any easier!

I attempted to use that calculator, but maybe my browser is being weird or something and didnt load it all.. or i just didnt understand how it worked. because it looked incomplete.


basically, i have revised my plans to go to Berlin just over 90 days after I last left the EU (after being there 56 days previously) so with that, I shouldnt have any problems correct?

and...staying another 90 days, that is. or like...89!

I used the calculator for a similar concern. It was very difficult to figure out, but I finally managed to get my dates in properly and it did work. I was relieved to see that my upcoming 87 day trip starting 9 October would not be impacted by my stain in March to 9 April in Italy.

Good tool once you figure it out.

I'm trying to make sure I understand how Schnegen works and am having difficulty with the calculator. If I understand it correctly
1 - If you go to a Schengen country 180 days after having left a Schnegen country for any amount of time you will be ok.
2 - During any 180 day period you can only spend 90 days in a Schnegen country. For example if you spend from May 1 - June 30 which is 62 days in a Schnegen country and you return to the US or any non Schnegen country, you only have 28 more days which to go back and spend in a Schnegen country before ~October 26.

I think when I used the calculator, use dates as ddmmyr with only 14 for year and no slashes etc.