Staying in Schengen - are American exempt from the 90-days-in/90-days-out rule?

AmInPol2009	Jan 20, 10, 20:37 #1
I thought everyone from outside Schengen had to leave for 90 days after staying for 90 days. However, my American friend told me that Americans are exempt...that we can leave for one day and get a fresh 90 days. Can anyone corroborate this? Thanks!

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Edited by: BevK Jan 20, 10, 20:43 #2

Be careful where you go - if you go to the UK you might have the same fate as my American colleague aka "We don't think you have valid entry requirements" and sent back without clearing immigration.

Apparently he went to somewhere just over the Ukranian border but maybe this is a good time to see the delights of a non-Schengen country for a day or two? Failing that, see if you can get someone to send you a letter asking you to attend a meeting in London for the day etc.

AmInPol2009	Jan 20, 10, 21:16 #3
I am a legal resident of Poland, so I don't need to do this - I just want to know if Americans are exempt, and if so, why...

inkrakow	Jan 20, 10, 21:47 #4
No, Americans aren't exempt. All non-EU citizens who don't have a long-stay visa can only spend 90 days in any 180 inside the Schengen zone. You used to be able to leave and get a 'fresh' 90 days but this hasn't been the case for over 2 years now.

lateStarterThreads: 2 Posts: 34 Joined: Jul 14, 09 ♂	Jan 20, 10, 22:34 #5
Good thing I now have my Permanent Residence card. One day soon, I will go to Warsaw to pick it up! Does anyone know if I can work anywhere in the EU with this or do I need to be an actual citizen of an EU country?

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Jan 20, 10, 23:03 #6

AmInPol2009:

I thought everyone from outside Schengen had to leave for 90 days after staying for 90 days. However, my American friend told me that Americans are exempt...that we can leave for one day and get a fresh 90 days. Can anyone corroborate this? Thanks!

And this is why many Americans end up being deported and banned from Schengen.

Americans have a loophole in Poland with the ability to start a business, thus giving them a valid reason to stay in Poland - but they certainly aren't exempt from the 90/180 rule. The only people exempt from the 90/180 rule are non-Schengen EU/EEA countries - Bulgaria, Cyprus, Romania, UK, Ireland and Lichtenstein.

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Jan 21, 10, 09:16 #7

I know a colleague who has been staying here illegally for over a year. He returned to the States for Christmas...but when he came back to Poland, he was allowed re-entry. I thought for sure he would be busted, but nothing happened.

It kinda irks me since I am trying to stay here the legal way. For those of you who have gone through the residency process, you can understand how frustrating and time-consuming it can be. If the Polish (Schengen?) border patrol won't uphold the law, why the hell am I busting my hump to stay in this country legally?

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Jan 21, 10, 10:18 #8

lateStarter:

Good thing I now have my Permanent Residence card. One day soon, I will go to Warsaw to pick it up!

Does anyone know if I can work anywhere in the EU with this or do I need to be an actual citizen of an EU country?

If you're American, as I am, and have a residency card, which I do, you can work in Poland with no problem. If you don't hold a Polish passport, you'll have the same problems getting legal residency and legal work as any other non EU citizen does.

In a couple of years, when I get my Polish citizenship and passport, I'll be able to work anywhere in the EU. The irony is that I'm not going to leave Poland.

inkrakow

Jan 21, 10, 12:20 #9

BLS:

If the Polish (Schengen?) border patrol won't uphold the law, why the hell am I busting my hump to stay in this country legally?

Because you're liable to be stopped by the police for any minor item and when they check your paperwork they do the maths and give you 1 week to leave the country. As happened to my friend who didn't bother with residency. And whether to admit entry or not is left to a border guard's discretion - the next one might be having a bad day.

BLSThreads: 79 Posts: 171 Joined: Feb 14, 08 ♂	Jan 21, 10, 13:20 #10
inkrakow: And whether to admit entry or not is left to a border guard's discretion - the next one might be having a bad day. I laughed when I read this - so true. Actually, my question was sorta rhetorical - I wouldn't feel the least bit comfortable without the law on my side here...

segan	Jan 23, 10, 18:57 #11
Why dont amerians apply for visa when coming to poland?? i think the polish govt has to impose that on them..given the fact that polish is still and will not be included in the US visa waiver program...dream, less.. when will poland wake up from their slumber and be wise..??? is a pity!

sledzThreads: 29 Posts: 3,202 Joined: Sep 19, 06 ♂	Jan 23, 10, 20:41 #12
segan: i think the polish govt has to impose that on them go ahead,,we dont care

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Edited by: michaelmansun Jun 17, 11, 12:26 #13

segan:

Why dont amerians apply for visa when coming to poland??
i think the polish govt has to impose that on them..given the fact that polish is still and will not be included in the US visa waiver program...dream, less..
when will poland wake up from their slumber and be wise..???
is a pity!

If you want quid pro quo, then Poland should offer a citizenship lottery to American citizens. If you want quid pro quo, then Poland should reduce time to gain citizenship for immigrants married to a Pole to 3 years and give you a permanent residency card the first day and for 10 years. If you want it to be all even, then lets make it ALL even.

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Aug 4, 11, 17:38 #14

I thought everyone from outside Schengen had to leave for 90 days after staying for 90 days. However, my American friend told me that Americans are exempt...that we can leave for one day and get a fresh 90 days. Can anyone corroborate this? Thanks!

Do not take my answer for granted, but I think this is false. It does not apply to Americans. I just read about it at some web site which I can't remember now. Try to google up the term Schengen 90/180 rule. The rule simply says that you need to be out of the Schengen zone for 90 days if your time in the zone ads up to 90 days in any 180 days period.

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Aug 5, 11, 02:53 #15

Do not take my answer for granted, but I think this is false. It does not apply to Americans. I just read about it at some web site which I can't remember now. Try to google up the term Schengen 90/180 rule. The rule simply says that you need to be out of the Schengen zone for 90 days if your time in the zone ads up to 90 days in any 180 days period.

The deal is much simpler than that - for every day you spend in the zone, up to a limit of 90 days, you need to leave for one day.

In other words - if you spend 90 days in the zone, then 40 days outside the zone - you will have 40 days 'credit' for the zone.

JimmuThreads: 2 Posts: 152 Joined: Aug 26, 11 ♂	Oct 3, 11, 14:22 #16
Why dont amerians apply for visa when coming to poland?? I DID apply for a visa. And the Polish consulate refused to give me one, telling me I was good for 90 days under Schengen, and that I would have to apply for a long term permit in the województwo where I was going to stay.

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Oct 3, 11, 18:03 #17

It has to be painful for all your Americans to be treated here in Poland as all other non-EU citizens :)
Think about how we Europeans are treated in JFK or any other border crossing. (even when we need no visa), and even worse how Polish people are treated when they need a visa for the US. As criminals.
Which exception you think you are entitled to?
P.S. I was last year at Długa 5 on my way to the EU section (waiting time approx. 15 minutes) when I passed the non-EU legion including some yanks protesting "why they had to wait so long". It made my day, big time.

delphiandomineThreads: 42 Posts: 9,954 Joined: Nov 25, 08 ♂ [Suspended]	Oct 3, 11, 18:37 #18
P.S. I was last year at Długa 5 on my way to the EU section (waiting time approx. 15 minutes) when I passed the non-EU legion including some yanks protesting "why they had to wait so long". It made my day, big time. Wow, they bothered to even go for the residence permit? That makes a change... (Yanks being thrown out of Schengen make me laugh)

scottie1113Threads: 11 Posts: 873 Joined: Mar 13, 07 ♂	Oct 3, 11, 19:10 #19
(Yanks being thrown out of Schengen make me laugh) Delph, it makes me laugh too, and I'm American. Idiots.

satmanukThreads: 1 Posts: 19 Joined: Oct 3, 11 ♂	Oct 3, 11, 22:54 #20
I know this American guy living out of Hostels in Krakow, he has no fixed address, no work visa (but is working illegally) is more than 1 month outside his 90 and out (infact on and off he has been in Poland for about 2 years)! If he goes to Ukraine, is he likely to be banned from re-entering Shengen area or are they likely to just let him back in anyway?

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Oct 3, 11, 22:57 #21

I know this American guy living out of Hostels in Krakow, he has no fixed address, no work visa (but is working illegally) is more than 1 month outside his 90 and out (infact on and off he has been in Poland for about 2 years)!

Good luck to him.

If he goes to Ukraine, is he likely to be banned from re-entering Shengen area or are they likely to just let him back in anyway?

If he goes there, he's got a high chance of being picked up (they scrutinise all documents very carefully on the Eastern border, even EU documents) and banned from re-entry.

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Oct 9, 11, 12:56 #22

In other words - if you spend 90 days in the zone, then 40 days outside the zone - you will have 40 days 'credit' for the zone.

Just want to add to my post above, I found the page where I saw the 90/180 days visa rule explained. And from what I am reading there what delphiandomine says is not correct. It seems like if you spend 90 days in the zone, then you need to be out for 90 days before you can even come back, not 40 days. See here 90/180 days rule.

scottie1113Threads: 11 Posts: 873 Joined: Mar 13, 07 ♂	Oct 9, 11, 14:46 #23
That's my understanding of the rule as well. But since I've got my residency card and have only left Poland twice for brief visits to Germany in four years, I don't worry about it.

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