90-180 days rule: Confused about carry over days and new start of 180 day period [duplicate]

I have a short question about the 90/180 day visa calendar. My girlfriend has visited the Schengen area according to below schedule:

Arrival 28 July 2017
Departure 10 October 2017
So she basically still has 15 days left from that previous stay.

She now however is in compliance to the requirements needed to start the procedure to grant her 5-years stay, but I am struggling to understand

when the new 180 days period start for her
if these 15 days can be carried over (are still to be used) in the current 180 days.

My basic question is: What is the earliest date for her to come again, and then stay for another 90 days (in a new 180 days period)?

visas

Best Answer

Answering your two specific questions:

Thinking about a single 180-day period is unhelpful. The 180-day period is a rolling window, meaning you have to consider all possible 180-day period (the one from July 28 to January 23, the one from July 29 to January 24, etc.) and make sure the person is never present for more than 90 days in the Schengen area in any of these periods.
The 15 days left are not “carried over” per se and definitely would not allow her to stay longer than 90 days in one go under short-stay rules. But they do allow her to come earlier to start another 90-day stay or to make a separate 15-day stay in-between.

In practice, I often get confused, the best solution is to use a calculator. If I entered the parameters correctly, it seems your girlfriend could come back on January 9 (not coincidentally 180 - 14 days after July 28 or 15 days before January 23).

Pictures about "90-180 days rule: Confused about carry over days and new start of 180 day period [duplicate]"

90-180 days rule: Confused about carry over days and new start of 180 day period [duplicate] - Man carrying smiling little girl in arms and laughing on city street in summer day

90-180 days rule: Confused about carry over days and new start of 180 day period [duplicate] - Young father changing diaper of newborn baby

90-180 days rule: Confused about carry over days and new start of 180 day period [duplicate] - Hand Carrying Brown Cardboard Box

How does the 90 days in 180-day period work?

What is the Schengen 90/180 rule? Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.

How is the 180-day period calculated?

Here, it's best to think of the 180 days as a moveable timeframe rather than a fixed 180-day period. The 180 days are counted backwards from the date of arrival or departure from the Schengen area. Each time you enter or leave Schengen area, a new 180-day period would be calculated from that date.

What is a 180-day rolling period?

Calculating the 90 days is fairly straightforward, but where the most confusion arises is the rolling 180-day period. It's often easiest to think of this 180-days as a moving block of time that is counted backwards from each day of staying in the Schengen Area.

What happens if I stay more than 90 days in Schengen?

Under the Schengen Area rules of stay for third-country citizens, non-EU citizens entering the territory under the visa-free regime can stay for a maximum of 90 days, for every 180 days. Those who overstay this period \u2013 intentionally or unintentionally \u2013 may face penalties, including deportation and entry bans.

90/180 day rule HELP! How do I work out how many days I have left in Spain?

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Teona Swift, Anete Lusina, Helena Lopes, Ekaterina Belinskaya