Duration of stay of a multiple-entry Schengen visa from the first day of entry?

Question

I was granted a multiple-entry Schengen visa area for a duration of 45 days. It is valid from 30/03/2018 to 01/09/2018. I visited Spain for 3 days (30/03/2018 - 01/04/2018). I have a trip planned to Italy at the beginning of August, which I was told not to put on my original application: the trip had a longer duration (10 days) than my Spain trip (3 days), which would be coming up first, and since they were more than 3 months apart I couldn't apply to the Italian embassy.

Is my visa still valid? It is still within the validity dates, but does the 45-day duration granted count from the first entry? Would it have expired mid-May regardless of how long I was in the Schengen area? This is my understanding and so I am applying for another visa for Italy. Will I have issues since it was a multiple-entry visa that is still valid from an end date point of view?

Answer 1

The answer to your question may be found in Annex VII of the Schengen Visa Code. Annex VII describes the visa sticker in detail. About "duration of stay" it says:

This heading indicates the number of days during which the visa holder may stay in the territory for which the visa is valid. This stay may be continuous or, depending on the number of days authorised, spread over several periods between the dates mentioned under 2, bearing in mind the number of entries authorised under 3.

(Item 2 concerns the visa's period of validity; item 3 indicates whether the visa is valid for one entry, two entries, or multiple entries.)

Since you can "spread" these days "over several periods," we can conclude that the three days you've spent in Spain have consumed only three of the 45 days you've been granted, leaving 42 days for you to spend in subsequent visits during the visa's period of validity. A ten-day trip in August is well within the terms of your existing visa.

(This assumes that your visa is valid either for all "Schengen states" or for a subset of states that includes Italy. It should also be noted that your stay was three days if you arrived on the 30th of March and left on the 1st of April. The calculation will be done according to the dates stamped in your passport; if you left after midnight and the departure stamp shows 2 April, then your stay was actually four days in duration.)

Answer 2

A multiple-entry visa means that after the first trip, which has to be in accordance with your application, you can make subsequent trips up to the limit of the duration and validity.

This makes a lot of sense when you think about it. They're afraid of illegal immigrants. If you have been to Spain and did not overstay, this makes it likely that you will not overstay in Italy, either.

There are some things to keep in mind when you enter the Schengen area:

• You should have clear plans when and how you leave the Schengen area again.
• You must comply with the 90/180 rule. This will be no problem if this is your first Schengen visa.
• You need health insurance and funds for your trip. The amount depends on the specific country and duration of stay.

Basically, prepare your trip as if you had to make a new visa application, and have the documents ready when you arrive.