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
Blog post
Associate Nabauia Safi outlines how Article 116 (2) restores German citizenship to descendants of those persecuted during the National Socialist dictatorship.
Awards
Awards
Fragomen’s Salt Lake City office is named one of Utah Business’s 2024 "Best Companies to Work For."
Blog post
Partner Hyla Kaplan Rosenberg and Senior Associate Elizabeth Brettschneider discuss the eligibility and application process for marriage-based green cards for foreign nationals married to US citizens.
Video
Neste Mobility Minute, a Sócia Diana Quintas explora a proposta de Visto Verde do Brasil.
Podcast
Senior Manager Lindiwe Mapota interviews Director Johannes Kgotso Tiba on the long-anticipated publication of the Points-Based Immigration System (PBIS).
Blog post
Senior Consultant Lauren Penny and Consultant Daniel Heymann discuss how Israel is leading the charge with AI and immigration.
Fragomen news
Partner Ryan Freel is elected to the Houston Relocation Professionals' Board of Directors for 2025.
Blog post
UK Government Affairs Strategy Lead Shuyeb Muquit dives into the UK's shifting net migration trends.
Blog post
Senior Immigration Consultant Konstantin Schmid shares what employers and workers need to know about 2025 Swiss immigration quotas.
Media mentions
Senior Manager Deirdre Murray discusses the recent legislative changes to Ireland’s employment permits.
Fragomen news
Fragomen's Gemma Hyslop, Andreia Florina Ghimis and Ana Sofia Walsh review ODI Global's new report.
Blog post
Associate Nabauia Safi outlines how Article 116 (2) restores German citizenship to descendants of those persecuted during the National Socialist dictatorship.
Awards
Awards
Fragomen’s Salt Lake City office is named one of Utah Business’s 2024 "Best Companies to Work For."
Blog post
Partner Hyla Kaplan Rosenberg and Senior Associate Elizabeth Brettschneider discuss the eligibility and application process for marriage-based green cards for foreign nationals married to US citizens.
Video
Neste Mobility Minute, a Sócia Diana Quintas explora a proposta de Visto Verde do Brasil.
Podcast
Senior Manager Lindiwe Mapota interviews Director Johannes Kgotso Tiba on the long-anticipated publication of the Points-Based Immigration System (PBIS).
Blog post
Senior Consultant Lauren Penny and Consultant Daniel Heymann discuss how Israel is leading the charge with AI and immigration.
Fragomen news
Partner Ryan Freel is elected to the Houston Relocation Professionals' Board of Directors for 2025.
Blog post
UK Government Affairs Strategy Lead Shuyeb Muquit dives into the UK's shifting net migration trends.
Blog post
Senior Immigration Consultant Konstantin Schmid shares what employers and workers need to know about 2025 Swiss immigration quotas.
Media mentions
Senior Manager Deirdre Murray discusses the recent legislative changes to Ireland’s employment permits.
Fragomen news
Fragomen's Gemma Hyslop, Andreia Florina Ghimis and Ana Sofia Walsh review ODI Global's new report.