Business Trips to Schengen Countries: The 90 Days Rule and Other Compliance Issues
May 14, 2019

Country / Territory
Related offices
By: Arwa Aulaqi and Andreia Ghimis
The maximum stay of 90 days within a 180-day period in the Schengen zone rule applies to both travellers holding Schengen C visas and travellers of visa-waived countries. As there are no separate business and tourist visas, short-term stays in the Schengen Area are collectively calculated for both tourism and business purposes in the maximum 90-day allowance. This can put frequent travellers at risk of using up their stay allowance for one purpose (such as tourism) and not having enough days left over should an urgent trip come up for another purpose, such as business. For frequent business travellers this can also mean that spending a significant amount of time in one country’s business entity would limit their ability to visit other entities within the Schengen area.
So are there any solutions for individuals who need to spend more than the allotted 90 days in the Schengen zone, particularly for urgent business purposes? Currently, it is not possible for citizens of visa-waived countries to apply for Schengen C visas for urgent business purposes if they’ve already used up their 90-day allowance. However, alternative solutions may exist. Some non-EU countries (such as Australia, Canada) have bilateral visa waiver agreements pre-dating the Schengen Agreement with individual Schengen countries, and some of these agreements are still in force. Depending on the text of the agreement, and the country it was signed with, the bilateral agreements can offer these non-EU citizens between 30 to 90 days of additional stay in the particular Schengen country signatory to the bilateral agreement, provided certain conditions are met.
It is important to ensure that the activities undertaken under visa waived status remain compliant. Checks must be conducted to verify if these activities and the duration of the stay in a certain country require work authorization. It should be taken into consideration that extended business travel can also have social security and tax implications.
It will be interesting to see how additional stays due to bilateral agreements will be enforced or allowed with the upcoming implementation of the European Travel Information and Authorisation System (ETIAS) and the Exit and Entry System, foreseen, for 2020 and 2021 respectively.
Contact Fragomen’s EU Advisory Group should you need support creating compliance strategies for your frequent business travellers from a Schengen, work authorization and social security perspective.
Country / Territory
Related offices
Explore more at Fragomen
Work authorization
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.
Video
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.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
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.
Media mentions
Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.
Media mentions
Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.
Work authorization
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.
Video
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.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support.
Video
Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).
Work authorization
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.
Video
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.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
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.
Media mentions
Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.
Media mentions
Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.
Work authorization
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.
Video
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.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support.
Video
Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).
