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Basic concepts of immigration: the 90 days in 180 days rule in Schengen

abril 12, 2024

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The Schengen Area, covering much of Europe, enforces a rule limiting how long non-EU citizens can stay within its borders. This rule states that you can stay a maximum of 90 days within a 180-day period. The 90/180 rule allows non-EU travelers (including tourists, workers, and other visitors) to stay up to 90 days in any 180-day period. This limit applies to the total stay across all Schengen countries, not per country.

It’s important to note that Schengen is not the same as Europe. Schengen includes European countries, but not all European countries are part of Schengen, and some countries outside the EU are.

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  1. Basic concepts of immigration: the 90 days in 180 days rule in Schengen

List of Schengen Area Countries

The Schengen Area currently comprises 27 European countries that have abolished internal border controls. These countries are:
Germany, Austria, Belgium, Czech Republic, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Sweden, Switzerland, Croatia.

It’s important to note that countries like Ireland, Romania, Bulgaria, and Cyprus are not part of Schengen, even though they are members of the European Union.

How to calculate your allowed stay

To correctly calculate the 90 days, you need to count back 180 days from the current date. Within those 180 days, you sum all the days spent in the Schengen Area, including any recent stays. The 90 days do not need to be consecutive; they can accumulate.

For example:

If you enter the Schengen Area on January 1 and stay until March 30 (90 consecutive days), you cannot return until after 90 days have passed outside the area, meaning until late June. Alternatively, you can enter and exit multiple times, as long as the total does not exceed 90 days in the last 180 days.

What happens if you overstay?

If you stay in the Schengen Area beyond the permitted 90 days, you may face penalties such as fines, deportation, or future entry restrictions. The consequences vary by country, but all Schengen countries must adhere to this rule.

Depending on the country, penalties range from monetary fines to future entry bans. In severe cases, travelers can be deported and face a ban that could last several years. Fines can range from 500 to 5,000 euros, depending on the country and the duration of the overstay.

Recommendations for travelers

  • Plan your trips: Track your Schengen entry and exit dates to avoid exceeding the allowed limit.
  • Use stay calculators: There are online tools to easily calculate how many days you have left within the 180-day period.
  • Request the appropriate visa: If you need to stay for more than 90 days, apply for a long-term visa or special permit before traveling.

Requesting stay or residence permits in Spain within the first 60 or 90 days

If you are in Spain under the 90-day rule, you have the option to request certain permits within this period:

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