Confused About the EU’s 90/180 Day Rule? Here’s How it Works
American, Canadian, British, Australian, New Zealand, and citizens of many other non-EU countries are able to visit and travel in France and the Schengen Zone without the need for a visa under the “90/180-day rule”. This means that you can only visit France (or any other Schengen area country) for up to 90 days within any 180-day period. But how is this 90-day rule calculated, and what impact does this have on your travels to France?
How does the 90-day rule work?
The 90/180-day rule applies to the whole Schengen area, not just France. That means the total number of days that you spend within any of the 26 Schengen zone countries (including Norway, Iceland, and Switzerland). The count starts from the day you enter the Schengen area to the day you leave.
So, for example, if you flew from the UK to France (entering the Schengen area), spent 5 days in France, then drove into Spain for a further 5 days before returning to the UK (leaving the Schengen zone), you would have spent a total of 10 days in Schengen zone.
If you flew from the UK to France (entering the Schengen area), spent 5 days in France before returning to the UK (leaving the Schengen zone) for 5 days, and then flew to Spain for a further 5 days, you would still have spent a total of 10 days in Schengen zone.
It’s the total number of days spent within the Schengen area that is taken into account.
Calculating the 180 days
Where it gets slightly more complicated is the EU definition of ’90 days within any 180-day period’. Here, it’s best to think of the 180 days as a moveable timeframe rather than a fixed 180-day period. The 180 days are counted backwards from the date of arrival or departure from the Schengen area.
Each time you enter or leave Schengen area, a new 180-day period would be calculated from that date. You do not need to concern yourself about dates of previous arrivals and departures, only the total number of days spent within the zone during that particular 180-day period.
If you arrived in France from the UK on March 15th, it would be the 180 days before March 15th that would be taken into account. If you had already spent the whole months of November, December, and January in France (totalling 90 days) and hoped to return on March 15th, you would be refused entry.
Planning your trip to France
If you are planning multiple trips to France, it can quickly get confusing! Using this short stay calculator can help. Enter the dates of entry and exit, and it will calculate the total number of days (and remaining days) within a 180 day period. The ‘control’ option allows you to calculate the length of previous stays or your current stay. The ‘planning’ option lets you set the date you plan to return to the Schengen area and will inform you of how many days you have left to use.
What are the penalties for overstaying?
For Brits or other non-EU travellers who overstay the 90 days, the penalty is typically a fine and an order to leave the country within 30 days. If you failed to leave the country after that order expires, the penalties would be far more severe.
For frequent travellers and second-home owners, the biggest consequence of this is receiving an ‘over-stay’ flag on your passport. Not only can this make it more difficult to re-enter France in the future, it could affect your chances of receiving a visa in any other country you choose to visit. If you ever chose to apply for a long-stay visa or seek residency in France, this over-stay flag would almost certainly make your application more difficult and could be grounds for refusal.
In recent years, we’ve heard reports of Brits who have overstayed their 90 days (by even just two days) and have received a €198 fine as well as an over-stay stamp in their passport; we’ve also heard of others who have passed through with nothing more than a warning. Our advice is to make sure you fully understand the 90-day rule, always stay within the limits (do not assume that overstaying by one or two days will be overlooked – it won’t!), and make sure that your passport is correctly stamped whenever you enter or leave the zone.
Staying in France for more than 90 days?
If you plan to stay in France for more than 90 days in a 180 day period, or spend over 90 consecutive days in France, you will need to apply for a long-stay visa or visa de long séjour temporaire visiteur. This allows you to stay up to one year, but not to work or study. Visa applications are considered on an individual basis, and you must prove that you have sufficient funds and healthcare coverage for the duration of your stay. If you are not sure what kind of visa you need, our complete guide to French visas is the best place to start.
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By Zoë Smith
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If you have any more questions regarding visas and residency, do make sure to sign up for our free webinar next month - you can do that here! Kind regards, Zoe
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However, you will be asked to declare your criminal record if you do decide to apply for a long-stay visa in order to stay longer and it may affect your chances of being issued the visa (each application is considered on an individual basis, so there are various factors that would be taken into account).
I hope this helps and enjoy your travels! Zoe
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Reader Question of the Month: Does My Long-Stay Visa Count Towards My 90 Days?
France Second-Home Owners: Here’s How to Apply for a Temporary Long-Stay Visa
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The only time I can foresee this causing issues is if you were to travel to another EU country and fly out of the schengen zone from there, so I would try to avoid doing that if possible (or if you must, take with you proof of the date you entered the other EU country so that it doesn't appear that you have overstayed). Hope this helps!
Best of luck and do let us know how you get on! Zoe
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To put it simply, if you spent 90 consecutive days in France, you would have to wait a further 90 days before you can return. HOWEVER, if this isn't the case, then my best advice is not to think of it as how long you have to wait before you return. Instead, think of it as how many days do you have left of your 90-day allowance when you return. Take the date of your intended return to France (let's say, May 15) and then count backwards 180 days from that date (i.e. 180 days before May 15 which is November 16) - this is the relevant 180-day period, and all that matters is how many days you have already spent in France during that period (between November 16 and May 15). Let's say you spent 20 days in France during that period - well, then, you still have 70 days left to potentially spend in France.
Remember the 180-day period will be different every single time you enter or leave France.
Because this can get complicated, if you are planning multiple trips (or just want help working it out), I highly recommend using one of the short-stay calculators - there's one linked in the article above.
I hope this helps, and best of luck for your travels. Zoe
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However, it is important to note that while your French residency under the Withdrawal Agreement gives you largely the same rights as EU citizens WITHIN France, it does not guarantee these rights OUTSIDE of France. You can't move to Spain under the terms of the Withdrawal Agreement for example or travel for unlimited periods within the Schengen Zone. If you wish to have full EU citizen rights and freedom of movement, the best option available would be to seek French nationality.
Hope this helps and enjoy your travels! Zoe
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Yes, as far as I am aware, you must enter France using your long-stay visa in order to activate that visa. If you are already in France, I'm afraid this does means you will need to leave the country and re-enter. Best regards, Zoe
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I know it can be confusing, so if you can't use the online calculators, here's my tip. Get yourself a diary that has all the dates of the year on one page (this kind of thing - https://www.calendar.best/images/2022/week-numbers/2022-calendar-with-us-week-numbers-landscape-blue-600.jpg).
Get a highlighter and mark all the days you were in France. Then look at the date you wish to enter France for your next trip, and count BACKWARDS 180 days (roughly 6 months) from there. How many days are highlighted? 90 - that number = how many of your 90 days you have left. If you are nearing 90 days, it should be quite easy to spot, as almost half of the space will have highlighter!
This 180 period will be different for every trip you take, depending on the date you plan to re-enter France. But if you keep a dairy of this throughout the year, you can do the same every time you plan a new trip and check how many days you have left.
I hope this helps and best of luck for your travels! Zoe
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Hope this helps! Zoe
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Both Switzerland and the US are on France's green list for travel, meaning there are currently no Covid-related restrictions for travel. If you are not fully vaccinated, you will need to present a negative Covid test prior to travel. If you are fully vaccinated, there are no further requirements other than proof of vaccination. Happy travels!
Zoe
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You need to count back 180 days from the dates you plan to enter the Schengen zone (so each time you enter this will be a different 180-day period). If you have not reached your 90-day limit within those 180 days, then you will be free to enter the zone for the remaining period.
best regards, Zoe
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There are two things to remember here:
1. While you are entitled to use both your entire six-month visa in France AND later return to France using your 90-day allowance (you must leave and re-enter France to do so), you cannot stay more than six months (183 days to be precise) in France in one calendar year without being classed as tax-resident in France, so we recommend being careful not to overstay this total amount.
2. You must leave and re-enter the Schengen zone to start your 90-day allowance and receive the stamp in your passport - if you were to travel straight to Portugal from France, there is a good chance you would be accused of overstaying your 90-day allowance when you leave Portugal as you would not have the correct stamp in your passport.
All this being said, regarding the plan outlaid above, it sounds like you would be able to enjoy your full six months in France, and then also enjoy your holiday in Portugal.
Safe travels! Zoe
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The 90-day rule and the temporary long-stay visa are separate, and therefore, yes, you can still enter France using your 90-day allowance after your visa expires. However, you should be wary of how long you spend in France in total - if you spend more than 183 days in France, you can be classed as tax resident in France and may be liable for taxes (see our article for more on that: https://www.frenchentree.com/living-in-france/french-tax/are-you-tax-resident-in-france/). Failure to fulfil your tax liabilities in France could not only lead to problems with the tax authorities, but it may also lead to future visa applications being refused. To avoid any problems, if you are not planning to become resident in France, I do not advise spending more than 183 days in France during any calendar year, regardless of whether your visa/90 day allowance permits you to or not.
Thanks!
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This is a tricky rule and the truth is that both are right. I'll try and explain as best I can!
Firstly, yes, as an EU citizen, your spouse has the right to have you accompany her when she travels to the EU. So, if you were to show up with your marriage certificate and passports, in theory, they can't refuse you entry.
However, France is also correct, and here's why. If your wife was to spend more than 90 out of every 180 days in France (i.e. more than six months in a year), she should by law be resident in France - this means she should be paying French taxes/register for a social security number, etc. The reality is that because she is an EU citizen, nobody is checking this, but it is a bit of a grey area. Due to this, if you were to try and enter France and overstay your 90-day visa because you are travelling with your wife, France would have the right to question why your wife is not a resident, and that technically, neither of you have the right to unlimited stays within France without becoming resident.
Under EU law, if you were to travel to France with your wife (an EU citizen) without a visa and having already overstayed your 90 days, and you state that you are both looking to become resident in France and plan to apply for your Carte de Séjour within the required three months (you can read about the process here: https://www.frenchentree.com/living-in-france/moving-to-france/french-residency-can-i-join-my-eu-spouse-or-family-member-in-france/), they would not be able to refuse you entry. However, it doesn't seem like this is what you intend to do.
What about if you were to just show up for a holiday in France having already overstayed your visa? While you are within your rights (or rather your wife's rights) to do this, in practice you may have difficulties. I think it would likely depend on who you spoke to at immigration and whether they had reason to believe you were both intending to overstay in France or not. Not every border guard will know the ins and outs of EU and French immigration laws, and you don't want to find yourself in a situation of being refused entry.
Here's the link to the France visas site so you can see for yourself: https://france-visas.gouv.fr/web/france-visas/ai-je-besoin-d-un-visa I ran a simulation based on your information and it states that you need a visa for a stay of over 90 days even if visiting with your EU spouse.
If I was in your position I would apply for this visa. Spouse visas are free of charge and they are fast-tracked - it will give you the peace of mind that you can visit France as many times as you like without facing issues at border control.
If you don't decide to apply for a visa, I would at least make sure that you have all the necessary proof with you that you are not looking to overstay in France - return flights, etc, plus your marriage certificate.
I hope this helps, and I'm sorry that there isn't a simpler answer. Best of luck with your travels and do let us know how you get on!
Zoe
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