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BREXIT

Brexit: How Brits can properly plan their 90 out of 180 days in Denmark and Schengen Area

UK nationals in Denmark who aren’t residents in the country now have to plan their time carefully to not fall foul of the law whilst making the most of their new non-EU rights. Here are some ways to do it successfully.

Brexit: How Brits can properly plan their 90 out of 180 days in Denmark and Schengen Area
File photo: Mads Claus Rasmussen/Ritzau Scanpix

Know the rules 

As you probably know, since the start of 2021 non-resident Brits can stay 90 days in any 180-day period within the Schengen Area, including Denmark.

The date of entry is considered as the first day of stay in the Schengen territory and the date of exit is considered as the last day of stay in the Schengen territory.

However, it is possible to leave and re-enter the Schengen Area over that six-month period.

“The 180-day reference period is not fixed,” as the EU explains, “it is a moving window, based on the approach of looking backwards”.

That means taking a calendar and highlighting all the time spent in Denmark and other Schengen countries already over the past 180 days.

There are also Schengen calculators that do the job for you. 

If police or border officials ever question how long you’ve been in the EU, this will be how they calculate if you’ve overstayed or not. 

It’s worth stressing as well that the Schengen rule doesn’t work with the calendar year, it’s always a case of counting back 180 days.

Schengen countries are Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Time spent in Denmark or the Schengen Area authorised under a residence permit or a long-stay visa are not taken into account in the calculation of the duration of the 90-day visa-free stay. 

Accept that you’ll probably have to spend three months away from Denmark

Whatever your preferences or calculations for your time spent in Denmark and other Schengen countries, once the 90 in 180 day-period is over, you will have to spend 90 days outside of the Schengen Area. 

As the europa.eu website puts it, “an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days”.  

Plan ahead to make sure this absence from the Schengen Area doesn’t fall at a time when you want to be in Denmark. 

However, remember that you are always counting back the last 180 days, so if you have not exhausted the 90-day limit over the past six months, you will not have to leave the Schengen Area until that’s the case. 

When that happens, know that 90 full days outside of the Schengen Area and Denmark will give you a new period of 90 days.

Split your time in Denmark into several trips

Over a period of 180 days, you can, theoretically, spend four three-week holidays (22.5 days each) in Denmark and alternate it with three-week periods in the UK or outside the Schengen Area.

You can also break the three months you have available into six-week periods. For example, if you arrive at the beginning of November in Denmark, spend six weeks there till the middle of December, then return to the UK to spend Christmas and New Year in the UK, then go back to Denmark in the middle of January until the end of February.

The UK’s Covid-19 travel restrictions and testing requirements mean this isn’t as affordable or practical at the moment, but in normal times low-cost airlines operate between both countries to make it a feasible option. 

This way you’ll be able to spread out your time in Denmark over a six-month period. 

READ ALSO: Updated: How are post-Brexit residency applications going in Denmark?

Play by the rules 

According to the Danish Agency for International Recruitment and Integration (SIRI), if you are a citizen of a country with no visa requirement to enter Denmark — this includes the UK — you can stay in the Schengen region (or just Denmark) for a maximum of 90 days in any 180-day period, as we have detailed above.

However, nationals of certain countries are entitled to stay in Denmark for 90 days or 3 months, regardless of stays in other Schengen countries. These countries include Australia, Canada, New Zealand and the United States. More detailed information can be found here.

British nationals are now being given passport stamps on arrival at Danish airports.

Needless to say, overstaying the 90 days is not a good idea. There is no clear mention in government sources regarding fines, deportations or travel bans from the Schengen Area for overstayers from countries with no visa requirements, like the UK. That is in contrast to the clear sanctions laid out for people who overstay their Schengen visas in Denmark.

Overall, though, the risk isn’t worth it if you intend to keep travelling back and forth between Denmark and the UK for the foreseeable future.

Member comments

  1. Why is UK not treated the same as America, Canada, Australia etc. re the additional 90 days. Seems illogical ? I have written to the Danish embassy to ask why !

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For members

EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

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