UDI 2010-170 Calculation of the period of stay for short-term stays in the Schengen area

1. Introduction

This guideline concerns calculation of the period of stay in the Schengen area, cf. the Immigration Regulations Sections 3-3 and 3-9.

Stays on local border traffic permits are not covered by this guideline. Stays on local border traffic permits pursuant to the local border traffic agreement between Norway and Russia do not count when calculating the period of stay in the Schengen area, cf. the Immigration Regulations Section 3-1 (m) concerning exemption from the visa requirement for holders of a local border traffic permit, and the Immigration Regulations Section 3-3 concerning exemption for journeys where a local border traffic permit is used as an entry permit. For further guidelines, see the UDI 2012-013 (only available in Norwegian) on local border traffic permits.

The purpose of this guideline is to provide the Directorate of Immigration (UDI), the foreign service missions, the police and the Governor of Svalbard with guidelines for calculating the period of stays subject to a visa requirement and visa-free stays (hereinafter referred to as short-term stays) in the Schengen area for third country nationals who require a visa and for those who do not.

For short-term stays, the rules for calculating the period of stay in the Schengen area follow from Regulation (EC) No 810/2009 of the European Parliament and of the Council with subsequent amendments (the Visa Code) and Regulation (EC) No 2016/399 of the European Parliament and of the Council with subsequent amendments (the Schengen Borders Code). The Visa Code are applicable as Norwegian Regulations, cf. the Immigration Regulations Sections 3-4. The Schengen Borders Code are applicable as Norwegian Law, cf. the Border Law Section 8 (external link).

2. Calculation dates

A third country national can stay in the Schengen area for up to 90 days within any period of 180 days, cf. the Immigration Regulations Section 3-3 first paragraph. The expression 'any period' refers to the fact that the period of 180 days changes for every day that passes. This applies to both foreign nationals who require a visa and to those who do not. For foreign nationals subject to a visa requirement, the permitted period of stay will be stated on the visa that is issued.

The entry date is regarded as the first day of the stay in the Schengen area, and it is used as the starting date for calculating the period of stay. The calculation ends on the date the foreign national leaves the Schengen area.

Examples of calculation of the period of stay are included in the Visa Handbook 1, section 6-10: ‘Verification of the length of previous and intended stays’. See also the Schengen calculator (Calculator of travel days remaining under a Schengen short-stay visa (external link)).

3. Calculation of the period of stay for persons holding a residence permit in one of the Schengen countries

A third country national holding a residence permit in one of the Schengen countries can stay for up to 90 days during any period of 180 days on the territory of the other Schengen countries.

The same applies to holders of a D-visa issued by other Schengen countries, cf. the Immigration Regulations Section 3-2.

4. Calculation of the period of stay for persons who have had a residence permit

The period of stay on a residence permit in Norway or another Schengen country shall not be included when calculating the permitted period of stay for short-term stays, cf. the Immigration Regulations Section 3-3 first paragraph last sentence.

A short-term stay in Norway subsequent to a period on a residence permit in Norway requires the applicant to leave the Schengen area before such a stay can start. If the applicant does not leave the Schengen area, the stay is not deemed to be a short-term stay. In such case, the stay is linked to the residence permit and must be in accordance with the rules on stays in the realm under a permit.

Entry to and departure from Norway and the Schengen area within the period of validity of the residence permit will not affect the calculation of the period of stay for visa-free stays or stays where a visa is required subsequent to the permit period.

Stays on a D-visa are deemed to be stays on a residence permit.

4.1. Visa-free stays

A foreign national who wishes to come to Norway on a visa-free stay subsequent to a period on a residence permit in Norway must leave the Schengen area before such a stay can start. It is the foreign national him/herself who must be able to document that he/she has left the Schengen area before being permitted to start a short-term stay.

4.2. Stays where a visa is required

A foreign national who has stayed in Norway on a residence permit and who subsequently wishes to apply for a visa to Norway must leave the realm in order to apply for a visa in accordance with the rules of the Visa Code Article 6.

Article 6 requires the applicant to be staying lawfully in the country from which the visa application is submitted. If the applicant is not resident in the country from which the application is submitted, the applicant must have a legitimate reason for the application being submitted from there, cf. the Visa Code Article 6 (2). Examples of what can be a legitimate reason are given in section 1-9 of the Visa Handbook.

It is not possible to apply from the realm for an ordinary Schengen visa in order to remain in Norway.

5. Nationals of states with which Norway has entered into bilateral visa waiver agreements

Based on bilateral agreements that Norway entered into before the Schengen Agreement, the period of stay for nationals of these countries is calculated in accordance with these agreements. These agreements do not have a Schengen clause that gives equal status to stays in other Schengen countries and stays in Norway. This means that, for nationals of these countries, a visa-free stay in another Schengen country will not be included in the calculation of the period of stay, even if this results in the person in question staying for more than 90 days in the Schengen area during any period of 180 days.

This applies, for example, to a US citizen who has stayed in France for 90 days. He or she can travel to and enter Norway directly on a visa-free stay.

Pursuant to established practice, visa-free stays in the other Nordic countries have equal status with stays in Norway.

See UDI 2010-080 (only available in Norwegian) Practice for rejecting entry of nationals of states with which Norway has entered into bilateral visa waiver agreements.