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

Regulation (EU) No 610/2013 of the European Parliament and of the Council^f1 has re-defined the notion of short stay. The current definition of short-stay reads as follows: ‘no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay’. That definition entered into force on 18 October 2013 and is contained in the Schengen Borders Code.

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, on each day of the stay looking back to the last 180-day period, in order to verify if the 90/180-day requirement continues to be fulfilled. That means that an absence for an uninterrupted period of 90 days allows for a new stay of up to 90 days.

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

A person holding a multiple-entry visa for 1 year (18.4.2010 - 18.4.2011) enters for the first time on 19.4.2010 and stays for three days. Then that person enters again on 18.6.2010 and stays for 86 days. What is the situation on specific dates? When will this person be allowed to enter again?

On 11.9.2010: over the last 180 days (16.3.2010 - 11.9.2010) the person had stayed for three days (19.4.2010 - 21.4.2010) plus 86 days (18.6.2010 - 11.9.2010) = 89 days = no overstay. The person may still stay for up to one day.

As of 16.10.2010: the person might enter for a stay of three additional days (on 16.10.2010 the stay on 19.4.2010 becomes irrelevant (outside the 180-day period); on 17.10.2010 the stay on 20.4.2010 becomes irrelevant (outside the 180-day period; etc.)).

As of 15.12.2010: the person might enter for 86 additional days (on 15.12.2010 the stay on 18.6.2010 becomes irrelevant (outside the 180-day period); on 16.12.2010 the stay on 19.6.2010 becomes irrelevant, etc.).