Schengen 90/180-day rule: when do you get your 90-day credit back?
FR

Translated into English.

Original post
FR
My partner (Mexican) entered France on January 21st as a tourist. She was therefore entitled to stay for 90 days in the Schengen Area. She’ll be leaving for Mexico on April 16th, so she’ll have “used up” 86 days.

She plans to return to France on July 18th. According to the European Commission’s Schengen calculator, this new stay “may be authorized for a maximum of 90 days.” That’s not very clear ("may be," "for a maximum of").

The text of Article 6 of the European regulation (2016/399) states that for a stay planned in the territory of the Member States, not exceeding 90 days in any 180-day period, one must examine "the 180-day period preceding each day of the stay." That’s not very clear either.

My partner wants to return to France for a 90-day period starting on July 18th. Is this possible?

There are two ways to look at it:

1) The first day she spent in the Schengen Area was January 21st. That day will drop out of the calculation 180 days later, on July 20th.

From July 20th, she’ll get back 1 day of possible stay; on July 22nd, 2 days; and so on. All the days from her previous stay (January 21st–April 16th) need to be outside the 180-day rolling window. The last day of her stay was April 16th. Looking 180 days ahead, that brings us to October 13th. From that date, she’ll be able to return for a full 90 days. 2) The number of allowed days is calculated for each day of the new stay. In other words: the 180-day window is recalculated every day, not fixed at the entry date. If she re-enters France on July 18th, she’ll only have a “credit” of 4 days. But with each day of her new stay, one day from the previous stay (January–April) will drop out of the calculation. The rolling window allows her to “replace” days from the previous stay with those of the new stay, without ever exceeding 90 days in any 180-day period. In this case, my partner could stay in France for 90 days starting on July 18th. The Prefecture doesn’t provide any information, nor does Air France, and in the forums I’ve checked, opinions are divided. Thanks for any insights you can share!
BA Barneyg Regular ·
I find the two passages you mentioned pretty clear, and they refer to the second calculation method. Your partner can stay in France from July 18 to October 15, since during that entire stay, she won’t have spent more than 90 days in the Schengen Area within any 180-day period.

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