In the last few weeks, I have had a couple of British friends ask me the same question — “How long can a British person spend in Austria after Brexit if they are not a resident?”
Because, yes, even though the EU has laid out the rules about the amount of time a non-EU citizen or resident can spend in the EU every year, it appears some people are still confused.
How long can a British person spend in Austria every year?
This is a little more complicated than it sounds as the so-called “90-day rule” applies in the EU for Brits now that Brexit has occurred.
What this means is three things:
- A British person who is not a resident of the EU can spend a total of 180 days in the EU each year, but you can only do so in up to 90 day blocks. That means, if you come to the EU and have spent 89 days here, you must leave on the 90th day and either travel home or on to a non-EU country. You can then not return to any EU country until another 90 days have passed. You can then spend another 90 days in an EU country.
- The 90 days do not have to be concurrent. You could stay for 80 days then leave the EU, come back after 30 days and spend another 10 days here. But on the 10th day, you must leave or incur an overstay fine and possibly a ban from future visits to the EU. You can then not return for another 90 days.
- The EU’s 90-day rule applies for all of the EU. That means, if you spend 30 days in Austria, you can only spend another 60 days in any other EU country/countries. After those 60 days are up, you must leave the EU and not return for another 90 days.
How will the EU keep track of the number of days a non-EU citizens spends in the EU?
At the moment, everything is calculated in the computer every EU border agent uses when they check the passport of a non-EU citizen or resident.
If you arrive in the EU and only have 6 days left in the 90 days you are allowed to stay in the EU, you will be informed at the border of the date you must leave.
If you arrive in an EU country and have already used the full 90 days you are allowed in the country, you will not be allowed to enter the country you have arrived in, and will be forced to return to the country you flew in from or back to your home country.
After May, 2023, however, the EES or Entry/Exit System will go into effect in all EU airports.
Upon arrival in an EU country, you must scan your passport at an automatic scanner station.
According to the EU, the scanner will then register your name, type of travel document, biometric data (fingerprints and captured facial images) and the date and place of entry and exit.
The scanner will also tell you how many days within a specific 90-day period you still have remaining.
The answer to the question “How long can a British person spend in Austria after Brexit if they are not a resident? then is this — 90 days in any 180 day period.
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