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Questions about the Schengen 90 days within 180 rule

Travel Forums Europe Questions about the Schengen 90 days within 180 rule

1. Posted by aupair (Budding Member 2 posts) 7y

i recently found out about the 90 days within 180 days rule for the schengen territory. I am a us citizen so i'm ok here for another month. But i'm an au pair for a family and didn't get any visa or anything because they assured me that i would be ok as long as i left the country that i'm in every 90 days. well, they didn't know about the 180 rule either. I understand that after i've been here 90 days then i have to be gone for 90 days to return.
So what i'm wondering is, if I left the territory before my 90 days is up, and then left the territory and came in say, 2 weeks to a month, what would happen?
Like, if someone were to be in the territory for only 2 months, left, and came back, how would they know if that person had already been here but not for 90 days? Do they keep a count?

2. Posted by bentivogli (Travel Guru 2398 posts) 7y

All visitors to Europe are registered in SIS, so yes, they do keep a(n internationally accessible) record.

You don't have much of a choice: although you may want to verify whether you can apply for an au pair visa for the country you're residing in, you will most probably find that you have to do so from home. In that case, do yourself a favor and leave before your tourist visa runs out. If you get caught as an overstayer (which is inavoidable as your passport is checked on your way out), you will be a registered visa offender, which makes it VERY hard to get access to Europe again anywhere in the near future.

3. Posted by aupair (Budding Member 2 posts) 7y

Yes, that's what I thought. That's ok.
I am in Italy and have contacted them about obtaining a visa, but it is impossible while I'm here and will take a lot of work at home. That's another story, but the person from the Italian consulate told me that to re-enter the Schengen area as a tourist I must be out of it for 6 months. That contradicts all I've read about the Schengen visa. Is there a new rule? Is it no longer that I must only be gone 90 days before being able to re-enter?

4. Posted by bentivogli (Travel Guru 2398 posts) 7y

The rule is 90 days in, 90 days out. Anything else will mean you have been misinformed.

One more thing, but you probably know already: Italy happens to be the only country in the EU where illegal residency is a criminal offense. Get out in time, or you're facing the chance of being prosecuted, which needless to say has grave repercussions for your future in the US as well.

[ Edit: Edited on 08-Oct-2009, at 14:18 by bentivogli ]

5. Posted by slimyosra (First Time Poster 1 posts) 6y

i have no answer for the question I am in the same situation for my next travel so I wanted to ask the travellers guru if what i will be doing is legal:
trip 1 from 10 apr to 29 mei so 49 days.( leave the schengen states)
trip 2 from 24 jul to 24 aug so 31 days..( leave the schengen states)
trip 3 from 18 sep to 18 november so 60 days .( leave the schengen states)

how does the rule 90 out of 180 days applies here?
Did the counting start from my first trip ?
thanks for the reply

Post 6 was removed by a moderator