Tracker Checker - User manual Version May 2024
Tracker Checker is a calculator. The calculator is a helping tool only and constitutes neither a proof of a right to stay nor a right to carry out any economic activity for a period resulting from its calculation.
The Tracker Checker calculator
· deals with the rule “90 days in any 180-day period” in the Schengen territory and
· alerts its users about the upcoming expiry date of their residence permits and long-stay D visas.
Calculation of the “90 days / 180 day-period” result: Based on the recorded entry and exit dates, Tracker Checker calculates whether the third-country national fulfils the general “90 days in any period of 180-day rule” or not, and it gives a projection for the maximum length of possible stays in the future. Holders of short-stay C visas should also check the validity of the visa and the number of days authorized as indicated on the visa sticker as this may differ from the projection.
Alerts: If you enter (under the menu section PROFILE – Residence Permits / Visa D”) the validity of your national residence permit issued by a Schengen State fully applying the Schengen acquis or long-stay D visa into the application, Tracker Checker will remind you in good time before your residence permit or long-stay D visa expires so that you can take care of an extension or departure early enough.
Deletion of entries: Go to a specific “Stay” or permit and swift to the left. The "Delete”" button clears the respective entry.
Understanding the rule “90 days / 180-day period”:
For third-country nationals – irrespective of being visa required or exempt – who intend to travel to the Schengen area for a short stay (contrary to residing in one of the Member States for longer than “3 months”) the maximum duration of authorized stay in the Schengen area is defined as a maximum of "90 days in any 180-day period”.
When checking the duration of previous and planned stays, the so-called backward calculation applies. This means that the past period of 180 days is considered, during which third-country nationals may have stayed in the Schengen area for up to 90 days. It is important to note that both the day of entry and the day of departure are included in the 90-day period.
This means that a "moving" 180-day reference period” applies, looking backwards at each day of the stay (be it at the entry or at the day of an actual check), into the last 180-day period, in order to verify if the requirement (90 days in any 180 days period) continues to be fulfilled.
Days spent in the Schengen area but not counted under the “90/180” rule
Periods of stays authorized under a residence permit* (see below) or a long-stay visa D shall not be taken into account in the calculation of the duration of stay within the territory of the Member States based on the rule “90 days in any 180-day period”. Tracker Checker does not take into consideration days spent under a residence permit or a long-stay visa D in the countries issuing such permits.
*Residence permit: see the updated list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code): https://home-affairs.ec.europa.eu/document/download/94241914-26f6-464d-be28-c601d8ded4d5_en
Relevant residence permits pursuant to article 2(16) of Regulation (EU) 2016/399 are:
(a) all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 (23) and residence cards issued in accordance with Directive 2004/38/EC;
(b) all other documents issued by a Member State to third-country nationals authorising a stay on its territory that have been the subject of a notification and subsequent publication in accordance with article 39, with the exception of:
(i) temporary permits issued pending examination of a first application for a residence permit as referred to in point (a) or an application for asylum; and
(ii) visas issued by the Member States in the uniform format laid down by Council Regulation (EC) No 1683/95.
Stays in Bulgaria and Romania
Stays in Bulgaria and Romania are taken into account as of 31 March 2024.
Stays in Iceland, Liechtenstein, Norway and Switzerland
These non-EU Member States belong to the Schengen area and days spent in these countries are therefore taken into account when assessing the compliance with the rule “90 days in any 180-day period”.
Stays in Cyprus and in the United Kingdom
Stays in Cyprus und the United Kingdom (not a member state of the European Union) are not taken into account, as Cyprus and the United Kingdom are not part of the Schengen area.
Limitations
Please note that this calculation method does not apply to citizens of Antigua and Barbuda, The Bahamas, Barbados, Brazil, Saint Kitts and Nevis, Mauritius and Seychelles where the “old” calculation method “3 months during a 6 months period following the date of first entry” continues to apply. With these countries the EU has entered into specific visa waiver agreements. For citizens of these third countries the calculator is not recommended to be used.
… for visa-nationals: In case of visa-obliged third-country nationals, the length of authorized stays is stated in the visa sticker and can differ from 90 days (which is the maximum that can be granted). The authorized stay, as indicated on the visa sticker, should be consumed within the validity period of the visa. The calculator does not support the calculation of stays against the authorized stay indicated on the visa sticker, if this period is shorter than 90 days within a period of 180 days, and against the validity of such issued visa.
… no right to work clearance: The results of the calculator do not confirm whether you can carry out economic activities (like work, remote work, business trips, etc) during the period of stay or the period resulting from its calculation. A separate right to work check is required for each period of (intended) stay. Please consult your immigration consultant to check your “right to work status”.
Special and more favorable rules
… bilateral visa waiver agreements: Tracker Checker does not take into account more favorable rules applicable to short-stays of third-country nationals under bilateral visa waiver agreements between certain Schengen Member States and certain third countries (pursuant to as Article 20(2) Convention Implementing the Schengen Agreement (CISA)). According to that provision Member States have the possibility to "extend" the duration of stay of visa-free third-country nationals beyond 90 days under certain circumstances. In case a Schengen Member State concluded a bilateral visa waiver agreement with a third country before the entry into force of the Schengen Agreement (or the date of its later accession to the Schengen Agreement), the provisions of that bilateral agreement may continue to apply. For a Schengen Member State the CISA provides the possibility to extend a visa-free stay beyond 90 days in its territory for the nationals of the third country concerned in accordance with such an existing bilateral agreement. Tracker Checker does not take into consideration such more favorable rules. Please consult your immigration consultant.
… persons enjoying the right of free movement under Union law: Third-country nationals who are family members of EU / E EA / CH citizens are entitled to accompany or join the EU, EEA or CH citizen for consecutive periods of up to three months in each Schengen State. They need a passport and – in case of nationals from a country subject to a visa requirement – a visa where the person is not in possession of a valid residence permit or residence card (“Residence card of a family member of a Union citizen” and “Permanent Residence Card for family members who are not nationals of a Member State”). Tracker Checker does not take into consideration such more favorable rules. Please consult your immigration consultant.
If the family member travels on his/her own and does not hold a valid residence permit or residence card, the normal regime concerning the length of the short stay will start to apply, as the conditions for benefiting from the facilitations concerning the free movement of the EU / EEA / CH citizens and their families are not met anymore. The previous stays consumed while accompanying or joining the EU / EEA / CH citizen are not taken into account for the sake of the calculation of the compliance with the 90/180-day rule which is applicable to the short stay only.
… persons travelling for business / economic activities under a Blue Card EU, ICT card, Researcher or Student Permit: Holders of a Blue Card EU (issued pursuant to Directive (EU) 2021/1883), ICT card (issued pursuant to Directive 2014/66/EU) or a Researcher or Student Permit (issued pursuant to Directive (EU) 2016/801) may benefit from a more favorable treatment. Tracker Checker does not take into consideration such more favorable rules. Please consult your immigration consultant.