EU Changes Rules of Stay in Schengen Area

A new definition of the notion of short stay of non-EU citizens in the Schengen area is applicable, introduced by the amendment of the Schengen Borders Code.

The relevant provisions of the Schengen Borders Code establish the following: “For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, …”.

The phrase “90 days in any 180-day period” has replaced the original “three months during the six months following the first entry”. The notion of “any”, implies the application of a “moving” 180-day period, looking backwards at each day of 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.

The above stated change concerns travelers who will have been to the Schengen area in the 180-day period preceding their next planned trip. Their next visa may be issued/ stay authorised for the maximum of days calculated by subtracting the number of days already spent in Schengen (in the 180-day period preceding the planned date of the next entry) from 90. There is, however, no right to be issued a visa with the validity of accordingly calculated maximum of days, as it is always for the Member States’ competent authorities to make a decision on the length of the authorized stay.

The periods of stay in the Schengen territory authorized under a residence permit or a long-stay visa shall not be taken into account in the calculation.


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