For those of us from non-EU countries like the US and the UK, the 90/180-day rule limits how long we can stay in Spain and other SCHENGEN countries without needing a visa. And with the new EES (Entry/Exit System) coming soon, this rule will be enforced much more strictly since it’ll digitally track the time you spend in the SCHENGEN Zone. If you plan to stay in Spain longer than 90 days, you must secure the appropriate visa or residency.
We’ll break this down with practical scenarios to illustrate how the rule works.
What is the 90/180-Day Rule?
The 90/180-day rule allows non-EU citizens to stay in the SCHENGEN Zone for a maximum of 90 days within any rolling 180-day period without a visa. This zone includes Spain and 28 other SCHENGEN countries.
Key points of the 90/180-Day Rule
- 90 days maximum stay in any 180 days.
- Cumulative across all SCHENGEN countries.
- You must leave the SCHENGEN Area once you’ve used your 90 days and can only return once you’ve stayed outside for an entire 90-day period.
This rule applies to all SCHENGEN countries. Spending time in multiple countries does not extend your 90 days.
Important: Bulgaria and Romania joined the Schengen Zone in March 2024 to make 29 countries in total. This means you’ll need to include time spent in these countries in your 90/180-day total. The other 27 countries are Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
What Does a Rolling 180-Day Period Mean?
A rolling 180-day period means your allowable time in the SCHENGEN Area is calculated continuously.
Rather than resetting after each trip, you must always look back over the previous 180 days from the current date to see how many days you’ve already spent in SCHENGEN countries. At no point can your total stay exceed 90 days within that 180-day window — hence it being referred to as the 90/180-day rule.
So, every time you enter or exit the SCHENGEN Area, your remaining time is recalculated based on your activities over the past six months. Remember, the period doesn’t reset on a specific date; it shifts each new day. This rule means you must monitor how many days you’ve spent in the SCHENGEN Area within the past 180 days – because the EES also counts.
You can only extend your 90-day limit in Spain with exceptional circumstances. This exception could be something like a medical emergency that means you cannot travel, but there are very few approvals for these requests.
Raquel Moreno (LLB) – Immigration Lawyer
Practical Scenarios of the 90/180-Day Rule
We’ve created some scenarios to show how the rule works in real-life situations.
Scenario 1
US Citizen Spending 60 Days in Spain, 30 Days in France
Overview
A US citizen spends 60 days in Spain at the start of the year, returns to the US, and later spends 30 days in France.
| Dates | Location | Days Spent in Schengen |
|---|---|---|
| 01 January – 01 March | Spain | 60 |
| 02 March – 31 May | US (outside SCHENGEN) | 0 |
| 01 June – 30 June | France | 30 |
Total Days in SCHENGEN: 90
Outcome
The US citizen has used up their 90 days in the SCHENGEN Area and must leave by 30 June. They cannot return to any SCHENGEN country until 29 August, when the 180-day rolling period resets.
Scenario 2
UK Citizen Spending 30 Days in Spain, 60 Days in France
Overview
A UK citizen spends 30 days in Spain, returns to the UK, and then returns for 60 days in France.
| Dates | Location | Days Spent in Schengen |
|---|---|---|
| 15 January – 14 February | Spain | 30 |
| 15 February – 14 March | UK (outside SCHENGEN) | 0 |
| 15 March – 14 May | France | 60 |
Total Days in SCHENGEN: 90
Outcome
The UK citizen has used their full 90 days. According to the 90/180-day rule, they must leave by 14 May and cannot return to the SCHENGEN Area until 14 July, once their 180-day period refreshes.
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Scenario 3
Non-EU Citizen Frequent Traveler Spending 45 Days in Germany and 45 Days in Spain
Overview
A frequent traveler spends 45 days in Germany, returns to the US, and later spends another 45 days in Spain.
| Dates | Location | Days Spent in Schengen |
|---|---|---|
| 02 March – 15 April | Germany | 45 |
| 16 April – 30 April | US (outside SCHENGEN) | 0 |
| 01 May – 15 June | Spain | 45 |
Total Days in SCHENGEN: 90
Outcome
The traveler has used the full 90 days. They must leave by 15 June and cannot return until 29 August, when they become eligible for another stay.
Scenario 4
US Citizen Traveling Between Spain and Morocco
Overview
A US citizen spends 30 days in Spain, then visits Morocco (outside SCHENGEN) and returns to Spain for another 45 days.
| Dates | Location | Days Spent in Schengen |
|---|---|---|
| 01 January – 30 January | Spain | 30 |
| 01 February – 28 February | Morocco (outside SCHENGEN) | 0 |
| 01 March – 14 April | Spain | 45 |
Total Days in SCHENGEN: 75
Outcome
The US citizen has 15 days remaining in their 90-day SCHENGEN limit. Under the 90/180-day rule, they must leave the SCHENGEN Area by 29 April and cannot return until 1 July, after their previous 90 days fall outside the 180-day window.
Scenario 5
American Citizen Planning Frequent Visits in Different SCHENGEN Countries
Overview
A US citizen travels multiple times to various SCHENGEN countries, starting with 30 days in Spain, then 30 days in Italy, and 30 days in France.
| Dates | Location | Days Spent in Schengen |
|---|---|---|
| 01 January – 30 January | Spain | 30 |
| 01 February – 28 February | Italy | 30 |
| 01 March – 31 March | France | 30 |
Total Days in SCHENGEN: 90
Outcome
The traveler has reached their 90-day limit. They must leave the SCHENGEN Area by March 31 and cannot return until 30 June to reset their rolling 180-day period.
SCHENGEN 90/180 Rule Calculator
The EU has created a tool to make this easy for you. You can check out the SCHENGEN 90/180-day rule calculator to calculate your time in the region.
Note: The webpage has this caution about the calculator: “The calculator is a helping tool only; it
does not constitute a right to stay for a period resulting from its calculation.”
What the EES System is and How it Will Change Enforcement
The European Union is implementing the EES (Entry/Exit System) across the SCHENGEN Area. This new system will automatically track the movements of non-EU citizens, making it impossible to overstay without being caught.
The EES (Entry/Exit System) will digitally monitor every time you enter or leave the SCHENGEN Area, so there won’t be any way to go unnoticed. With biometric data like fingerprints and facial recognition, the system will record every entry and exit from SCHENGEN countries, making it impossible to overstay unnoticed.
How the EES Will Work
- Automated Tracking
The system will digitally record every entry and exit from SCHENGEN countries, removing the reliance on manual passport stamps. - Biometric Data
EES will collect fingerprints and facial recognition data to identify travelers more accurately. - Real-time Alerts
Border control will be immediately alerted if a traveler exceeds their 90-day limit or attempts to re-enter before completing the necessary 90 days outside the SCHENGEN Area. - Stricter Enforcement
Overstaying will result in fines, deportation, and possible bans from the SCHENGEN Area.
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There are no internal border checks within the SCHENGEN region, so if, for example, you drive to Portugal or France for a few weeks, these times will likely not be counted on the EES systems. We’re waiting to see how flights within the region are managed. If you still have residency in Spain and a padrón, your travel within the region may not be counted to the exact day.
Raquel Moreno (LLB) – Immigration Lawyer
Get The Right Visa or Residency Permit to Stay Longer in Spain
With the EES system, staying in Spain longer than 90 days without a visa will result in severe penalties. Having the proper visa or residency permit is crucial if you plan to move to Spain for extended periods.
Why You Should Apply Early
- Visa processing times can be lengthy, so start your application before reaching your 90-day limit.
- The EES system will strictly enforce the 90/180-day rule, meaning any overstay will result in immediate penalties.
- Having the correct visa or residency lets you avoid the risk of fines, deportation, or travel bans.
READ ALSO >> Moving to Spain from the UK Post-Brexit
Conclusion: Plan for Hassle-Free Travel
Enforcing the 90/180-day rule becomes simple with the introduction of the EES. This change will make it crucial for non-EU travelers to carefully monitor their time in the SCHENGEN Zone. Don’t fall foul of the 90/180-day rule. To avoid penalties, overstaying, or travel restrictions, ensure you apply for the correct visa or residency permit if you plan to stay in Spain longer than 90 days.
Great article. What if I’m a non-EU citizen married to an EU citizen and have my Spanish residency? What’s the outcome in the below scenario?
Spent 95 days in Spain on the residency visa – Jan. 1 – April 5. So, I am not legally allowed to leave Spain and enter one of the other non-Spain countries? I am kind of trapped in Spain unless I leave, let’s say to the UK or the US, for 90 days and then I can enter one of the non-Spain countries legally?
Hi Steven – as above. Your time as a resident in Spain is excluded from your SCHENGEN visit time. Formally you have only 90/180 days in the rest of the region. All the best, Alastair
Your Scenario 5 one is very interesting and related to my prior post. So, on March 31 (90th day) while in France, instead of leaving the Schengen area, the non-EU citizen with Spanish residency, could instead just return to Spain, right?
Yes, that is correct as a Spanish resident, you can spend 90/180 days outside of Spain in other SCHENGEN countries. Scenario 5 assumes that you are not resident in Spain. In practice, there is no real way for authorities to formally keep count of these days without internal immigration controls in the region. All the best, Alastair