Two year Validity Schengen Visa with 90 days - Help Please

[elocin]

Dear helpline,

I would be most grateful if you could be so kind as to assist me with understanding my visa, I had been granted a two year visa from Belgium in 2012, it is a multi-entry visa with a 90 day limit. Is it correct to understand that this is a circulation tourist (C) multi entry visa, as it has a validity of over a year? When it comes to understanding the 90 day limit, I get a little unsure, is the visa valid for only 90 days in the two year period or is it valid for 90 days in a 180 day period, how do you calculate when your 180 days is up, and when do the new 180 days starts again?

I would be most grateful if you can help me.

I am a South African passport holder with a EEA UK residence permit, I have been living in the UK for 4 years now. My partner is a Belgian national and is exercising his treaty rights. I will be travelling to Italy within the next few days and I have been into the Schengen area for 60 days this year, but have calculated that I have been in the Schengen area for a total of 83 days from the validity of my visa. Can I still travel within the Schengen area this year, so long as I do not exceed the 90 days in the 180 days, is it correct to assume that each year is a different period and the visa resets after 180 days?

I look forward to your reply.

[flyboy]

Use the following calculator:

http://ec.europa.eu/dgs/home-affairs/wh ... or_en.html

[Donutz]

- Was the visa free? It should be: http://europa.eu/youreurope/citizens/tr ... dex_en.htm
- Schengen multiple entry visa are can be used to visit Schengen voor 90 days witin any 180 day period (on any day in the Schengen area count back 180 days and see if you do not exceed 90 days).
- If you travel with your EU/EEA family EU member through the you should be fine regardless since you are entitled to be together. If you stay longe then 90 days in one country you should register there.
- If your spouse is a Belgian in the UK (thus excersizing threaty rights) you should have a residence permit which states "family member of an EU/EEA national". With this visa you can travel visa free if your spouse is with you. If you travel through the EU alone you will need a visa (which is free).

So if you intend to travel alone you will need to use the Schengen visa, which allows you to enter and exit as often as you like for aslong as the visa is valid (see expiration date) and aslong as you do not overstay (no longer then 90 days in any 180 period).
If your spouse is with you don't even need to worry about your visa. You may need to point them to directive 2004/38/EC though:
http://eur-lex.europa.eu/legal-content/ ... 32004L0038 (PDF in several languages)
(you should have a residence card issued under article 10, allowing you to travel visa free if you are with your spouse.

Ofcourse keep a birthcertificate at hand plus translation so if they question your family relation you can proof this by showing you are married plus ofcourse that the both of you can ID yourselves.

[elocin]

Thank you to both of you who have assisted with this question.

If your spouse is a Belgian in the UK (thus excersizing threaty rights) you should have a residence permit which states "family member of an EU/EEA national". With this visa you can travel visa free if your spouse is with you. If you travel through the EU alone you will need a visa (which is free)

I do have a UK residents permit with my partner's name in it. We are not married but have been cohabiting for eight years. As we are not married, will this affect my free visa situation and my ability to travel with him not worrying about my visa? If he is not my spouse will the directive 2004/38/EC still be valid?

Also, (forgive me if I need to repeat but not yet fully understanding how this whole 90 day thing works) if I have a Schengen visa that is valid for two years and has a 90 day limit, does that mean that I am able to travel for the full 90 days in a 180 day period? So effectively I can travel to an EU state 180 days in 365 days? On my last EU departure, i asked the policeman who had to stamp my passport, he told me that if you have a visa that states 90 days, you are only allowed 90 days in total for the period of validity of that visa, which mine is 2 years (07/11/2012 to 06/11/2014). It is a type C visa

The visa was not free.

Thank you again for your help

[flyboy]

Policeman was talking nonsense. You have a circulation visa and it's 90 days within any 180 day period.
Have a look at the following link on how to use the calculator with some examples.

http://ec.europa.eu/dgs/home-affairs/wh ... ual_en.pdf

[Donutz]

Thank you to both of you who have assisted with this question.

If your spouse is a Belgian in the UK (thus excersizing threaty rights) you should have a residence permit which states "family member of an EU/EEA national". With this visa you can travel visa free if your spouse is with you. If you travel through the EU alone you will need a visa (which is free)

I do have a UK residents permit with my partner's name in it. We are not married but have been cohabiting for eight years. As we are not married, will this affect my free visa situation and my ability to travel with him not worrying about my visa? If he is not my spouse will the directive 2004/38/EC still be valid?

You're welcome.

If you as unmarried couple in a durable relationship are eligable is up to the memberstate:

2) "Family member" means:

(a) the spouse;
(b) the partner with whom the Union citizen ha
s contracted a registered partnership, on the
basis of the legislation of a Member State,
if the legislation of the host Member State
treats registered partnerships
as equivalent to marriage
and in accordance with the
conditions laid down in the relevant le
gislation of the host Member State;
(c) the direct descendants who are under the ag
e of 21 or are dependants and those of the
spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascen
ding line and those of the spouse or partner as
defined in point (b)

(..)


2. Without prejudice to any right to free movement and
residence the persons concerned may have
in their own right, the host Member State shall,
in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a)
any other family members, irrespective of thei
r nationality, not falling
under the definition in
point 2 of Article 2 who, in the country fr
om which they have come, are dependants or
members of the household of the Union citizen
having the primary right of residence, or
where serious health grounds stri
ctly require the personal care of the family member by the
Union citizen;

(b) the partner with whom the Union citizen has a durable relationship, duly attested.
The host Member State shall undertak
e an extensive examination of
the personal circumstances and
shall justify any denial of entr
y or residence to these people

Source:
http://eur-lex.europa.eu/legal-content/ ... 32004L0038

To since this is much less straightforward I would advice you to contact a legal expert or consult Your Europe Advice, see "need more help" here: http://europa.eu/youreurope/citizens/tr ... dex_en.htm

[elocin]

Thanks GUYS!!!