Important Updates
Important Updates
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
April 2, 2026 | CanadaCanada: New Recruitment Requirements for Low‑Wage Positions under Temporary Foreign Worker Program
April 1, 2026 | United StatesBloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers
April 1, 2026 | CanadaCanada: Permanent Residence and Citizenship Filing Fees Increased
April 1, 2026 | United KingdomCare Talk Business: What the Casey Commission Means for Social Care’s Workforce
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
April 2, 2026 | CanadaCanada: New Recruitment Requirements for Low‑Wage Positions under Temporary Foreign Worker Program
April 1, 2026 | United StatesBloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers
April 1, 2026 | CanadaCanada: Permanent Residence and Citizenship Filing Fees Increased
April 1, 2026 | United KingdomCare Talk Business: What the Casey Commission Means for Social Care’s Workforce
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

90 Days in the Schengen Area – Simply Not Enough?

June 30, 2023

90 Days in the Schengen Area – Simply Not Enough?

Countries / Territories

  • BelgiumBelgium
  • European UnionEuropean Union

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Andreia Florina Ghimis, Victoria Kate Barber

Scenario

When returning from a few weeks of business travel to several EU countries, your UK employee was fined and received a re-entry ban in the Schengen Area for two years. Upon exit checks, border guards discovered he had overstayed his 90-day Schengen allowance—the reason for his sanction.

The business would need this employee to travel to other EU-based offices for business purposes in the coming months, however, this is no longer possible due to the re-entry ban issued until June 2025. Moreover, he needs to cancel his upcoming holidays in Italy, a country where he has been spending his summer holidays almost every year for the past 10 years.

Real impacts

This is not a mere theoretical scenario, but a very realistic situation. We notice that it is only now – several years after Brexit – that the end of the freedom of movement is impacting UK travellers in such a concrete manner.

Immediately after Brexit, there was a transition period until the end of 2020, exempting UK citizens from the 90-day limitation and basically maintaining the status quo on free movement rights despite the UK no longer being an EU country. Afterward, during the COVID-19 pandemic, there was very limited business travel, therefore exceeding this limitation – although already in force as of January 2021 – was practically impossible.

Currently, business and personal travel are back to normal, so those who travel frequently may find it extremely hard to remain compliant with the 90-day allowance. Even more challenging is that, unlike other citizens, such as those of the US, Australia and Canada, UK citizens are not used to monitoring the length of their stay in the EU and are likely to spend more time in the EU, also for holidays or visiting family.

What can employers do?

Raising awareness amongst the employee population and your global mobility department is crucial at this stage. Although it may seem straightforward, several aspects of this ’90-day rule’ are much more complex than they appear to be.

When every single day counts, the following questions can create some unnecessary headaches:

  • What happens if my flight lands in Madrid at 11:00 pm – will this count as a full Schengen day?
  • When does the calculation of the 180-day reference period start?
  • How many Schengen days am I still entitled to if I already spent 75 since the beginning of the year?

Therefore, businesses could work on increasing understanding and awareness in various ways: town hall sessions with employees, FAQs, tracking tools, and trainings for global mobility teams to empower them in answering questions from employees, and more.

This will become even more important in 2024, as the external border checks of the Schengen Area are expected to be much more, if not fully, digitalised, and thus overstays will be systematically detected. This is not currently the case at all external borders, where human error during manual checks can still occur.

What if 90 days are simply not enough?

We wish this question had a simple answer. Unfortunately, this is not the case. Solutions may exist. But each case must be assessed against the individual circumstances of the traveller. The solutions may be linked to the travel patterns, the possibility of obtaining a long-stay visa, the willingness and need of obtaining a residence permit in an EU country, family ties with an EU citizen or the citizenship of the traveller as well as the destination EU country.

All of these solutions come with eligibility conditions, processing times and may have an impact on other aspects such as tax or social security. Therefore, they require careful planning and double-checking with the national authorities of the receiving country/countries.

Digital Nomad visas: a solution worth exploring?

Employees may also want to explore solutions on their own rather than employer-sponsored ones. As such, Digital Nomad visas can also be considered. These were primarily developed following the pandemic which sparked firstly an increased need for remote working and, consequently, a desire for more flexible working environments. Several EU countries have such visas in place currently. See our previous blog post here.

Whether they are a solution or not will depend primarily on the travel needs of the potential applicant. Some of these visas may come with a requirement to become a resident in the country issuing it.

Absence rules from the issuing country may also impact the decision-making regarding this immigration route. Yet, these visas exist, and they are an avenue worth exploring on a case-by-case basis. As the regulatory frameworks for Digital Nomad visas are rather new, and the practice is limited, it is possibly time for some pioneering work to explore the limits of these visas and what they can offer.

Need to know more?

Fragomen can help with tailored support for your travellers and is planning a series of blog posts and webinars to highlight compliance challenges for short-term travel to Europe. For further information please contact us at [email protected].

This blog was published on 30 June 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Countries / Territories

  • BelgiumBelgium
  • European UnionEuropean Union

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

The Caterer: How to Safeguard Your Sponsor Licences

Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.

Learn more

Media mentions

Times of India: US Proposes Sharp Hike in H-1B, PERM Wage Thresholds; May Adversely Impact Entry-Level Hiring

Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.

Learn more

Work authorization

Falling Demand, Rising Fees: Reassessing the UK’s 2026 Immigration Policy

UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.

Learn more

Video

FIFA Pass for the 2026 World Cup | #MobilityMinute

Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

The Caterer: How to Safeguard Your Sponsor Licences

Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.

Learn more

Media mentions

Times of India: US Proposes Sharp Hike in H-1B, PERM Wage Thresholds; May Adversely Impact Entry-Level Hiring

Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.

Learn more

Work authorization

Falling Demand, Rising Fees: Reassessing the UK’s 2026 Immigration Policy

UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.

Learn more

Video

FIFA Pass for the 2026 World Cup | #MobilityMinute

Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.