How does the 90 days out of 180 days Schengen visa work?
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I am a student in Germany, and I'm going back in July. We are non-EU residents but allowed to travel without visa for up to 90 days in 180 days in most schengen countries. So my husband came to visit from 19 October - 22 Nov 2010, so that's around 35 days, so basically he has 55 days until 19th April (when the 180 days would be up). So my question is, if he comes again in Feb, say, around the 26th and leaves before April 19th. Would he be able to come back, like a week after that and stay for another 3 months until July (as it seems to me that his 180 days would restart on April 20th) so that we can go back to our home country together? Thanks in advance.
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Answer:
No, that would not work. He can only stay for 90 days within ANY six months period. So if he has visited you from 19 Oct 10 to 22 Nov 10 he has spent 35 days. If he arrives on 26 Feb 11 and stays until 19 April 11 he will have spent another 53 days, hence be within the 90 day limit. However if he returns lets say on 25 April 11 he will need to leave on 31 May 11 after 37 days of stay (53+37=90) and cannot return before 26 Aug 11 when a new 6 months period starts. Unfortunately you did not tell us your citizenship. Citizen of the United States of America, Australia, Canada, Israel, Japan, New Zealand, and the Republic of Korea do not need a visa for Germany but can apply for a residence permit (fee €50) at the foreigners office (Ausländerbehörde) at the community in which they plan to reside for longer than 90 days. Citizen of all other visa-free countries would need to apply for a long-stay type D visa (fee € 60) at the German Embassy/ Consulate General of their country of residence and apply for the residence permit after arrival in Germany. Being a spouse if a German student visa holder he can get residence permit provided that he: • has a place to stay • has been registered a that place • holds a travel/sick insurance which covers at least €30.000 to include hospital treatment and emergency repatriation • has access to sufficient funds to support himself without remunerative activities Doing it this way would avoid tricky visa-runs and your husband could stay on a legal basis..
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