Schengen visa overlap, can I stay or do I have to travel back for 1 day? [duplicate]

I am in Ukraine
I have 70 days left on my shengen visa
My 180 day period ends in 40 days
I want to travel to Spain for as long as possible
If I travel to spain right now, how long can I stay there?
40 days? Or 70 days? Or Do I have to take a plane home in 40 days and then a plane to Spain the next day to enjoy 90 more days? Seems nonsensical, right?

Morocco is close and they give a 1 day visa, can I visit it in 40 days, does this count as a 180 period reset?

This answer quotes

The 6 month (or 180 days to be precise) period starts on the day of the first entry into the Schengen zone (Note that the day of first entry means the day you physically arrive in the zone and not the day the validity of the visa starts). In that 6 month period, you can only stay in the Schengen zone for a maximum of 90 days, irrespective of whether you have a new Schengen visa issued by the same or a different Schengen country that is valid beyond this 6 month period. At the end of this 6 month period, a NEW 6 month period starts and you can again spend a maximum of 90 days in the Schengen zone, provided you have a valid visa. If your stay duration overlaps two 6 month periods, then you must individually satisfy the 90 day limit in BOTH periods. All following 6 months period will be calculated back to back from the date of the first entry, until you remain outside the Schengen zone for at least 6 months. When you stay outside for at least 6 months (continuously) and THEN enter the Schengen zone, the six month period again starts from the day of the entry. It would be as if you were entering the Schengen zone for the first time.

What does the "you must individually satisfy the 90 day limit in BOTH periods" actually mean? Does it mean that I must be 90 days in one and 90 days max in other visa, or 90 days in both visas combined or what?

But the link is not clear enough for me to understand.

I even read the official doc and used it's calculator, which seems to give off random numbers.

How am I supposed to follow the rules if no one seems to know them.

Edit: There is no such thing as a period overlap, it's just that you can't stay for more than 90 days in the last 180 days, that's the only rule.

Best Answer

Do I have to take a plane home in 40 days and then a plane to Spain the next day to enjoy 90 more days? Seems nonsensical, right?

Yes, it is indeed nonsensical. That's not at all the way it works. For starters, you can never ever leave and turn around to stay more than 90 days. At the end of a 40-day stay in Spain, there is only ever 50 days left, possibly less depending on the schedule of your previous stays. It's also possible that you would not be allowed to stay for 40 days at this point, again depending on exactly when and how long you have been in the Schengen area in the past months.

From your many comments, it seems you are engaging in a bit of wishful thinking and overestimating the number of days you are allowed to stay. The rules are indeed a bit complicated but if you cannot wrap your head around the many descriptions available on this site and elsewhere, use the calculator and trust it. It's going to disappoint you and suggest much lower numbers than what you expect/wish but that's not random.

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How long do you have to leave the Schengen zone before returning?

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.

What happens if you exceed your Schengen visa?

You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area.

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.

How are Schengen days counted?

You may only visit the Schengen Area for a total of 90 days within 180 days. The 180 days are counted backwards from your latest entry or exit date. This means it's counted from the first day you entered (if you have not left yet) or the final day you visited the Schengen Area (the date of exit).

Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED

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