Go to a Schengen country after 90 days in bilateral agreement country

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So far, all the information I am finding is that I can travel to a country with bilateral agreement and stay for 90 days but I should do it at the end of my trip. Here is my circumstance:

I wish to travel 60 days in a Schengen country (Spain), then spend 60 days in a bilateral Schengen agreement country (Poland). Then, I wish to return to Spain for the remaining 30 days I did not use in the beginning, and fly back to the USA from there.

If I produce receipts that I was in the bilateral agreement country for 60 days, will Spain let me back in?

Another way of asking this is do the 60 days in Poland count against my total of 90 days I'm allowed in Spain?



Best Answer

Another way of asking this is do the 60 days in Poland count against my total of 90 days I'm allowed in Spain?

It seems like yes, it does, since you were physically present in the "Schengen Area" (i.e. territory of Member States). Your admittance to Spain thus is based on Article 6 of Schengen Borders Code, which says:

  1. 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

This provision has only two exclusions: a) for long term EU visa holders/residents entering a Schengen country while in transit to the country of their residence, and c) on humanitarian grounds, on grounds of national interest or because of international obligations.

There seem to be no other provision in the Borders Code under which Spain could legally admit you. And of course bilateral agreement between the USA and Poland has no effect on Spain, being not a party to those agreements.




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Can I come back to Europe after 90 days?

Most visitors (including Americans) are allowed to spend 90 days in the Schengen Area in every 180-day period. The easiest way to think of it is that you can visit for 3 months and then you have to leave for 3 months before you can return.

Can I get a Schengen visa after 90 days?

The short-stay visa is a Schengen visa. It allows you to stay in the Schengen area for a maximum of 90 days within a 180-day period. Your visa will be valid for a specific period. This period may be shorter than 90 days.

How do you get around the 90-day rule Schengen?

Well, you can tour around different Schengen member states like France, Spain, or Germany and by the time you hit your 90-day limit, go and hop over to a non-Schengen European country like Croatia, UK, North Macedonia, or Turkey to wait until you hit the 181st day so that you can come back to the Schengen Area again.

Can I go to Europe for more than 90 days?

If you're a tourist, you do not need a visa for short trips to EU countries, Switzerland, Norway, Iceland or Liechtenstein. You can stay for up to 90 days in any 180-day period.



THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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