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Change in calculation of the authorized length of stay in the Schengen area

As of 18 October 2013 those provisions of Regulation No 610/2013 will come into force, which change the rules governing calculation of the authorized length of stay in the Schengen area. The above regulation thereby amends especially relevant provisions of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and of Regulation (EC) No 810/2009 of the European Parliament and the Council establishing a Community Code on Visas (Visa Code). 
 
A third-country national shall be entitled, while meeting other requirements (primarily the visa requirement, if this is imposed on citizens of his/her country of origin), to stay in the Schengen area for 90 days in any 180-day period. The date of entry shall be considered as the first day of stay and the day of exit shall be considered as the last day of stay.
 
The principle of the date of first entry will no longer be applied; the reference period will no longer be 6 months, but 180 days instead. These 180 days represent a rolling referential period, which is thus always determined e.g. at the moment of entry check, when it is reviewed, whether the traveller during 180 days immediately preceding the date of entry did not already exhaust the allowed 90 days in the 180-day period.
 
The European Commission has published on its website a software tool, which will enable the public to plan their stay or calculate the remaining days of their authorized length of stay under the framework of the 90 days in any 180-day period rule.
 
Please note that the so called Schengen calculator is only a tool providing assistance to the travelling public. Its use does not give a legal right to stay for the period determined by the calculator.
 
Its name - „Schengen“ calculator – makes clear that it only works for calculation of the period of stay based on the 90 days in any 180-day period rule; it cannot be used to determine the authorized length of stay for example while using bilateral non-visa agreements.
 
Authorized stay in the Schengen area primarily requires meeting the conditions of entry, i.e. above all requirements related to travel documents and visa requirements, whereby the visa itself may restrict the options of movement within the Schengen area, if it is for example granted for one entry only.
 
 
The content of our website will be updated during the upcoming weeks.

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