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I stayed in Romania for 90 days, then I traveled to my home country.

When should I apply for the next visa (private visit visa)?

Is it fine to apply for it before 91 days have passed since my absence?

If that is the case, what happens if I am granted the visa before 91 days pass? Or does the consular authority make sure that I get the visa when I can actually use it?

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    It depends. You are seeing rules as computer programs. They are different: why did you stay 90 days? Why do you need a new visa? Etc. Sometime you can apply before the previous visa is used (or expired). The context is very important. And if you stay longer, you should check about other obligation you may have (dependent of visa: health assurance, filling taxes, etc.:they depends on how many days you are staying, regardless of visa) Commented Apr 21, 2023 at 8:23
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    You can apply before however your proposed entry date would have to be after the expiry of the 90/180 day period
    – Traveller
    Commented Apr 21, 2023 at 12:05
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    What were the validity, duration, and number of entries of the previous visa? I’m surprised they would have granted a 90-day single entry visa in the first place.
    – jcaron
    Commented Apr 22, 2023 at 8:39
  • @jcaron I don't see where anyone said that it was a single-entry visa; am I overlooking it? I agree that it's implausible, but it's more plausible that they granted a visa allowing a 90-day stay with an expiration date soon after the traveler's departure.
    – phoog
    Commented Apr 22, 2023 at 15:49
  • @phoog the way the question is phrased makes me think OP didn’t have a one-year or longer visa, or a multiple entry visa, but it’s definitely not explicit, hence the questions. I hope OP didn’t overlook the cumulative conditions of Schengen visas (which I believe are the same rules which apply to Romanian visas), as they would make things quite more complex. On the other hand, if OP already had a one-year or more multiple entry visa, it should be pretty straightforward.
    – jcaron
    Commented Apr 22, 2023 at 16:30

2 Answers 2

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When should I apply for the next visa (private visit visa)?

You can apply whenever you want, subject to the normal time constraints.

Is it fine to apply for it before 91 days have passed since my absence?

Yes. As noted elsewhere, however, your proposed itinerary should show that you will enter on the 91st day or later. If the proposed date of entry is too soon, the consulate should deny the application

what happens if I am granted the visa before 91 days pass?

Schengen visas have a start date. Unless the consulate makes a mistake, the start of your visa's validity should be on or after the 91st day. Even if they make a mistake and give an earlier date of validity, the officer at the border is supposed to refuse to admit you if you try to enter before the 91st day.

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Note: For Romania, Bulgaria and Cyprus the basic Schengen rules apply

  • other than that the 90 days period is seperate from the other areas

The 90 days in any 180-day period rule is a seperate condition that also applies to most nationalities that don't require a visa.

For a visa holder, the duration of stay field of the visa sticker should contain 90 days. Any number that is less than 90 means that the duration of that amount days must not be exceeded.

Both (visa and non-visa nationalities) can be refused entry if the 90 day condition is not fulfilled.

When you apply for a visa, you must give an itinerary, which will include an entry date.

When you make a visa application, they will check the previous visits to ensure that the itinerary is possible.

They would either suggest another period or reject the application if the 90 day condition is not fulfilled based on the planned itinerary.

Is it fine to apply for it before 91 days have passed since my absence?

Yes.

If that is the case, what happens if I am granted the visa before 91 days pass?

You can only use the visa when the 90 day condition is again possible.

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  • I would have expected that a visa would override the 90/180 visa-free entry rule. But a type C visa is a short-stay visa up to 90 days. Am I correct in thinking that only a type D visa would allow entry sooner? Commented Apr 21, 2023 at 17:21
  • @user253751 There is no '90/180 visa-free entry rule' only the 90 days in any 180-day period rule, whether they require a visa or not. Yes, for a D visa, the 90 rule does not apply in the country that issued it. Commented Apr 21, 2023 at 21:38
  • @user253751 to elaborate on Mark Johnson's comment, the 90/180 rule applies to all short stays. It is difficult if not impossible for a traveler using a visa-exempt passport to get a type C visa since it doesn't give them any advantage; one criterion for granting the visa is even to ensure that the proposed trip does not violate the 90/180 rule taking into account the applicant's earlier visits to the Schengen area. There are other ways to get in sooner, however, though mostly unlikely/exceptional, such as marrying an EU citizen or otherwise qualifying for derivative freedom of movement, etc.
    – phoog
    Commented Apr 22, 2023 at 15:45
  • @phoog well, presumably if you need to spend more than 90/180 days in a country you should seek a D visa for that country - no need to marry a citizen :) (as long as you can justify why you need to spend so much time) Commented Apr 22, 2023 at 16:31

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