When can I return to the Schengen area?
- By
- Aparna Patel
- |
- 30 Jul, 2023
- |
Andreia, yes, the officers are commonly not well informed. I’ve already got different informations from different officers in Schengen countries, which contradict each other. But as mentioned, we, Brasilian nationals, are part of the exception for the new rule, so you should be authorised to re-enter on or after Dec/11 having then a new 180-day period. The best is to print out that manual provided by the EU official website, and also give the link to the officer to check by himself in case he doesnt believe you.
Well, it’s already January, so how was your trip? Did you have problems to follow the old rule?
Normally, the rule is based on a sliding 180-day window: for every day you are in Schengen, considering the previous 179 days, you are allowed to have been in Schengen for no more than 89 of those days. I don’t know how your past overstay would affect this. Probably the days between your application and its denial do not count. If they did, though, the advice you got from the cantonal office would be incorrect for citizens of most countries. As a Brazilian, however, you are subject to special rules.
The current 90/180 rule is a change that took effect in October 2013. The old rule was that there was a 180-day period that began whenever you entered the Schengen area unless it was during a 180-day period that already started because of a previous entry.
For Brazilians, and citizens of 6 other countries, the old rule still applies. From the USER MANUAL FOR THE SHORT-STAY “SCHENGEN” CALCULATOR:
Please note that the change does not apply to the visa waiver agreements concluded between the EU and Antigua and Barbuda, The Bahamas, Barbados, Brazil, Saint Kitts and Nevis, Mauritius, and Seychelles where the old definition (“3 months during a 6 months period following the date of first entry”) continues to apply. For citizens of these 7 third countries the calculator is not recommended to be used.
Therefore, any entry on or after December 11 will start a new 180-day period for you. You should be fine.
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