Schengen visa and travel days allowance
I have a question about the 90 days in Schengen within the period of 180 days.
My partner and I lived abroad in Malta for one year. I am a European citizen and she is a third country non-EU citizen.
She was in Malta with a resident permit which is expiring 03/2019 but quit her job and left the country. Her employer may have invalidated her visa.
I moved to another Schengen country and two weeks ago she came to visit me for the holidays. Can she now stay up to 90 days again in the Schengen zone?
Best Answer
She can stay indefinitely, subject to minimal conditions, if it is a registered partnership, if you are married, or if your country of residence recognizes her as your family member under the freedom of movement directive.
She can certainly stay for a total up to 90 days from the date of her entry into the Schengen area. The time spent in Malta with a Maltese residence permit does not count in the 90/180 calculation. The Schengen Borders Code, article 6(2) says in part
Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.
The previous sentence of Article 6(2) establishes that the days must be counted inclusively, so the date of entry and the date of exit both count. Therefore, if she entered on December 31st 2018 (and if she does not qualify for free movement), she must leave before the end of March 30th 2019.
Pictures about "Schengen visa and travel days allowance"
How many days can I stay in the Schengen Area?
2. How long can I stay without a visa in the Schengen area? You can stay 90 days in any 180-day period within the Schengen area.What is the 90 day rule in Europe?
Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.Can I stay 180 days in Europe?
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.How long can I stay in Europe with a Schengen visa?
Most visitors (including Americans) are allowed to spend 90 days in the Schengen Area in every 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.
Images: Nataliya Vaitkevich, Pixabay, Gabriela Palai, Maria Isabella Bernotti