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90 day rule

Posted: Mon Apr 26, 2021 7:21pm
8 replies261 views4 members subscribed
begona

Posts: 66

11 helpful points

Location: San Luis

Joined: 24 Nov 2019

This forum has always been helpful so here goes.   My son left Torrevieja 21 February.  52 days after Schengen.   I have him returning on 2 flights because not sure how this goes.  The first one is 7 June to 4 July, 28 days making total of  80 days.  Still not 90 days, but 4 days July.   Next one leaving 30 June 76 days..  is it rigid that 3 months must be taken up to June and  3-months up to December.   Can you not make sure you do not exceed 180 days?    I have looked at all information but it is so confusing so many days in 6 month period etc. Which means until June.

Kimmy11

Posted: Mon Apr 26, 2021 7:32pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Mon Apr 26, 2021 7:32pm

Hi Begona,

No, the 90 days are in a rolling 180 days, so it doesn't matter that the return date for his next trip is in July, as he will not have exceeded 90 days in a rolling 180 days.  I think you would find it easier to use a Schengen calculator - this is one of the best I've found so far:

Schengen Calculator - Calculate Your Legal Short-Stay in Europe (schengenvisainfo.com)

The regulations are strict and a failure to adhere could result in a fine, or worst case, being denied re-entry to Spain.

Kind regards,

Kim

begona

Posted: Mon Apr 26, 2021 11:11pm

begona

Original Poster

Posts: 66

11 helpful points

Location: San Luis

Joined: 24 Nov 2019

Posted: Mon Apr 26, 2021 11:11pm

Kimmy11 wrote on Mon Apr 26, 2021 7:32pm:

Hi Begona,

No, the 90 days are in a rolling 180 days, so it doesn't matter that the return date for his next trip is in July, as he will not have exceeded 90 days in a rolling 180 days.  I think you would find it easier to use a Schengen calculator - this is one of the best I've found so far:...

...

Schengen Calculator - Calculate Your Legal Short-Stay in Europe (schengenvisainfo.com)

The regulations are strict and a failure to adhere could result in a fine, or worst case, being denied re-entry to Spain.

Kind regards,

Kim

Thank you.  Makes more sense.   It is worrying making sure you are sticking to rules now that we are out.

Stevec61

Posted: Tue Apr 27, 2021 8:57am

Stevec61

Super helpful member

Posts: 1430

1201 helpful points

Location: Playa Flamenca

Joined: 3 Jan 2016

Posted: Tue Apr 27, 2021 8:57am

begona wrote on Mon Apr 26, 2021 7:21pm:

This forum has always been helpful so here goes.   My son left Torrevieja 21 February.  52 days after Schengen.   I have him returning on 2 flights because not sure how this goes.  The first one is 7 June to 4 July, 28 days making total of  80 days.  Still not 90 day...

...s, but 4 days July.   Next one leaving 30 June 76 days..  is it rigid that 3 months must be taken up to June and  3-months up to December.   Can you not make sure you do not exceed 180 days?    I have looked at all information but it is so confusing so many days in 6 month period etc. Which means until June.

When did your son first enter the Schengen zone prior to him leaving Torrevieja in February? If this date was before 01/01/21 then the period of arrival up until 21st February will not count towards the 90 day period - I stand corrected if I’m wrong, but that is how I understand the rules?

If this is the case, his 90 out of 180 date will start on his next arrival date of 7th June

Have a go at inputting the upcoming dates on the calendar provided in the link sent by Kimmy, it’s simple to use and understand 

 

paulsav

Posted: Tue Apr 27, 2021 10:45am

paulsav

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Posts: 1376

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Location: Villena

Joined: 4 Dec 2015

Posted: Tue Apr 27, 2021 10:45am

Stevec61 wrote on Tue Apr 27, 2021 8:57am:

When did your son first enter the Schengen zone prior to him leaving Torrevieja in February? If this date was before 01/01/21 then the period of arrival up until 21st February will not count towards the 90 day period - I stand corrected if I’m wrong, but that is how I understand the rules?

If this is the case, his 90 out of 180 date will start on his next arrival date of 7th June...

...

Have a go at inputting the upcoming dates on the calendar provided in the link sent by Kimmy, it’s simple to use and understand 

 

Steve

I too could be wrong but if there is no entry date into Spain before 1/1/21, then I think the authorities would declare the 1/1/21 to be the start date for the 90 days so that trip would be counted. 

Regards 

Pauline 

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Stevec61

Posted: Tue Apr 27, 2021 11:03am

Stevec61

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Posts: 1430

1201 helpful points

Location: Playa Flamenca

Joined: 3 Jan 2016

Posted: Tue Apr 27, 2021 11:03am

paulsav wrote on Tue Apr 27, 2021 10:45am:

Steve

I too could be wrong but if there is no entry date into Spain before 1/1/21, then I think the authorities would declare the 1/1/21 to be the start date for the 90 days so that trip would be counted. 

Regards 

Pauline 

Maybe this us the case Pauline, if the authorities are using the date of 01-01-21 for point of entry for those already in the country pre Brexit/Schengen then their 180 days will start then, but I don’t think anybody knows exactly exactly how this pans out unless it’s happened with them?!

Stevec61

Posted: Tue Apr 27, 2021 11:08am

Stevec61

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Posts: 1430

1201 helpful points

Location: Playa Flamenca

Joined: 3 Jan 2016

Posted: Tue Apr 27, 2021 11:08am

Stevec61 wrote on Tue Apr 27, 2021 11:03am:

Maybe this us the case Pauline, if the authorities are using the date of 01-01-21 for point of entry for those already in the country pre Brexit/Schengen then their 180 days will start then, but I don’t think anybody knows exactly exactly how this pans out unless it’s happened with them?!

Apologies Paulsav for referring to you as Pauline in previous post, autocorrect on my phone was to blame for that!

begona

Posted: Tue Apr 27, 2021 11:15am

begona

Original Poster

Posts: 66

11 helpful points

Location: San Luis

Joined: 24 Nov 2019

Posted: Tue Apr 27, 2021 11:15am

Stevec61 wrote on Tue Apr 27, 2021 11:03am:

Maybe this us the case Pauline, if the authorities are using the date of 01-01-21 for point of entry for those already in the country pre Brexit/Schengen then their 180 days will start then, but I don’t think anybody knows exactly exactly how this pans out unless it’s happened with them?!

He left Spain 21Feb so I count From 1 Jan making 52 days.   I have used the Schengen Calculator  and it says that  when he comes in June for 28 days he has 15 days until September.    I have input from September  through to Christmas and new year to see and it is a rolling date. According to Calculator  he will have days left.  It changes the exit date every time  it calculates.  Hope this is right.  


i

paulsav

Posted: Tue Apr 27, 2021 11:44am

paulsav

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Posts: 1376

1011 helpful points

Location: Villena

Joined: 4 Dec 2015

Posted: Tue Apr 27, 2021 11:44am

Stevec61 wrote on Tue Apr 27, 2021 11:08am:

Apologies Paulsav for referring to you as Pauline in previous post, autocorrect on my phone was to blame for that!

Steve

No apology needed, you are correct, Pauline is perfect as most replies see my moniker Paulsav and refer to me as Paul, male. Btw, did you change bank to Cajamar? I know they,ve changed the way to open the account since we did it but I, m still very happy with them. 

Regards 

Pauline 

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