90/180 rule - Page 2

Christina92 wrote on Mon Nov 30, 2020 10:29am:

Having read , all answers re days in and out EU after the 31st Dec.  I am further complexed than I was.😩

I’m not the sharpest knife in the drawer, 🤣 but I’m getting no where, trying to get it into my head. 🤔

Read more...

I’ll get a friend to sit with me, and go over it, until it Sinks In 🤣 

By the looks of it I’m not the only one! who is struggling.

However I do appreciate everyone’s effort, to try and explain . 🤔🤔🤔

Janice51 wrote on Mon Nov 30, 2020 5:54pm:

I do understand you, Christina. 

I am not stupid but have trouble getting my head round this, too.

Read more...

So I am going to say that I understand all this kicks off after 31st December 2020.

If my friend from the U.K. comes to stay for a month in February, then again a month in April, then nearly a month in June, making a total of 90 days in the period from 1st January to 30th June, would this follow the regulation? 

Does the fact that she comes in February mean that the 183 days period starts then, when she arrives in Spain, or does the 183 days start in any case on 1st January 2021?

This is what I don’t really get.

Janice

Kimmy11 wrote on Mon Nov 30, 2020 6:31pm:

Hi DaveBev1,

In your first para, "Using your example: Day one of the 90 days starts the day you arrive in Schengen.  So if she stays 28 days in February she would still have another 62 days to use before 30th July (when the 180 days is up)......" shouldn't July be June?

Read more...

Kind regads,

Kim

Kimmy11 wrote on Mon Nov 30, 2020 6:05pm:

Hi Janice,

It's not 183 days (that count relates to Spanish tax residency).  EU Schengen rules are a maximum of 90 days in a rolling 180 days.  The rules will be applied to all UK citizens from 1 January 2021, but individuals start counting from their first entry date, so in your example, you're c...

Read more...

...orrect, your friend will start counting from her first arrival in the Schengen zone in February.  Your example of visiting 30 days in each of February, April and June, totalling 90 days in 180, is also correct, although there are many different visit patterns that people could choose, so long as they don't exceed 90 days in a rolling 180 days.

Kind regards, 

Kim

Davebev1 wrote on Mon Nov 30, 2020 6:21pm:

Using your example: Day one of the 90 days starts the day you arrive in Schengen.  So if she stays 28 days in February she would still have another 62 days to use before 30th July (when the 180 days is up), so another 30 days in April and 30 days in June would mean she has totaled 88 days of...

Read more...

... the allowed 90.  

However by the end of August the 28 days days spent in Schengen in February will have dropped of the day-count and wont be counted any more as more than 180 days ago, so she can visit again as her current total used would be 60 days in the last 180 days (30 in April and 30 in June).  By the end of October her April days will have dropped off the day-count as well.

It is the number of days spent in ANY consecutive 180 day period in the whole of Schengen that will be counted.

Davebev1 wrote on Mon Nov 30, 2020 6:38pm:

No, taking 1st of February as day 1 then day 180 is 30th July.

Janice51 wrote on Mon Nov 30, 2020 7:24pm:

Thank you Kim,

You explanations are as always perfectly clear. May I ask you another question?

Read more...

If my friend comes now, and stays till the 3rd January 2021, do I count from now or the 1st January 2021? 

Janice

Kimmy11 wrote on Mon Nov 30, 2020 8:31pm:

Hi Janice,

According to the Gov.uk website, which states that it's published the EU's agreed position, the count for your friend's visit would start on 1 Jan 2021.

Read more...

What rules the Spanish authorities would apply - or, probably more likely, the border control officer on her departure day! - is another matter 🤪  But of course, she wouldn't fail to comply with Schengen rules on this visit, as she wouldn't be here more than 90 days.

Kind regards, 

Kim