Division 1.4 Calculation of the length of stay authorised by a visa and in particular the question on how to determine the six month period

The recent modification of the Schengen Borders Code has re-defined the notion of short stay. The current definition reads as follows: ‘90 days in any 180 day-period, which entails considering the 180-day period preceding each day of stay’.

The day of entry will be calculated as the first day of stay in the territory of the Member States and the day of exit will be calculated as the last day of stay in the territory of the Member States. The notion of ‘any’ implies the application of a ‘moving’ 180-day reference period, looking at each day of the stay back to the last 180 days period, in order to verify if the 90/180 day requirement continues to be fulfilled. This means that an absence for an uninterrupted period of 90 days allows for a new stay of up to 90 days.

The definition entered into force on 18 October 2013. The calculator may be found on-line at the following address: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/index_en.htm

Example of calculation of stay on the basis of the new definition:

• A person holding a multiple-entry visa for 1 year (18.4.2014 – 18.4.2015) enters for the first time on 19.4.2014 and stays for 3 days. Then he enters again on 18.6.2014 and stays for 86 days. What is the situation on specific dates? When will this person be allowed to enter again?

• On 11.9.2014: Over the last 180 days (16.3.2014 – 11.9.2014) the person had stayed for 3 days (19. – 21.4.2014) plus 86 days (18.6.2014 – 11.9.2014) = 89 days = No overstay. The person may still stay for up to 1 day.

• As of 16.10.2014: The person might enter for a stay of 3 additional days (on 16.10.2014 the stay on 19.4.2014 becomes irrelevant (outside the 180 days period); on 17.10.2014 the stay on 20.4.2014 becomes irrelevant (outside the 180 days period; etc.).

• As of 15.12.2014: The person might enter for 86 additional days (on 15.12.2014, the stay on 18.6.2014 becomes irrelevant (outside the 180 days period); on 16.12.2014, the stay on 19.6.2014 becomes irrelevant, etc.).