The rule

Without a visa and on a short-stay visa you may stay in the Schengen area for up to 90 days in any 180-day period. For each day of stay you take into account the 180 days that precede it (Art. 6 para. 1 of the Schengen Borders Code). You count the days in all states of the area together - in Poland you will be refused entry if you have used up the limit in the states of the Schengen area (Art. 28 para. 1 point 3 of the Act on Foreigners).

How to count the days

  • The day of entry is the first day of stay and the day of exit is the last day of stay - both count (Art. 6 para. 2 of the Borders Code).
  • You do not count a stay permitted on the basis of a residence permit or a long-stay visa (Art. 6 para. 2).
  • For states using the EES system, the 90-day period is counted as one period (Art. 6 para. 1a). The entries and exits of foreigners staying for a short period are registered by the EES (Art. 6a para. 1).

After each day the 180-day window moves. Days from before this window stop counting. So check the limit before every entry, and not only after you return.

Who the limit does not apply to

With a valid residence card you can travel around the area for up to 90 days in a 180-day period, and a stay in Poland on the basis of the card does not use up the limit. See: travel with a residence card. The obligation to return because of exceeding the limit also does not apply when you have a valid residence document or the Act shows that your stay is legal (Art. 302 para. 3 of the Act on Foreigners). See: legal stay after submitting an application.

Consequences of exceeding the limit

  • Refusal of entry when you have used up the limit (Art. 28 para. 1 point 3).
  • A decision obliging you to return when you did not leave Poland after using up the permitted period of stay (Art. 302 para. 1 point 2). The deadline for voluntary departure is from 8 to 30 days from the delivery of the decision, and in certain situations it is not set (Art. 315 paras. 1 and 2).
  • A ban on re-entry to Poland and other Schengen states. It is imposed in the return decision (Art. 318 para. 1), in this case for from 6 months to 3 years (Art. 319 para. 1 point 1). In certain cases the authority may waive it (Art. 318 para. 1a).

If you suspect that you have exceeded the limit, do not enter again without checking the days. How visa-free travel works is described in the guide visa-free travel.