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Cyprus is not yet in Schengen, but has a similar 90/180 rule.

Suppose someone visa-exempt spends eighty days in Cyprus, then goes to a Schengen country for another eighty days.  If Cyprus joins Schengen ten days after that, does that make the traveler immediately in overstay status?

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    E.g.: A foreign citizen holding a Schengen visa valid for 90 days, issued by Romania and staying in Romania for 80 days, will have a further 10 days right of residence in another Schengen Member State. Source mae.ro/en/node/2035 Then second point : A foreign citizen holding a visa issued by Romania before 31 March 2024 with two or multiple entries will be able to travel on the basis of the Romanian visa to Romania, Bulgaria and Cyprus. Commented May 11 at 6:11
  • You’d still have ten days in my opinion, since you stayed in Cyprus on Cyprus only stamp so those days would not be counted in for Cyprus as a Schengen member Commented May 11 at 6:18
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    As this just happened with Romania and Bulgaria, there should be some official statement on the subject, but I can’t seem to find one which is unambiguous. My personal guess is that days before the join date do not count towards the 90/180 limit (as they were not in Schengen), but it may be subject to interpretation and thus problems. Note, though, that it doesn’t happen overnight, nobody would be caught out by surprise.
    – jcaron
    Commented May 11 at 11:24
  • Yes, Cyprus explicitly states (in effect) that someone with a Schengen visa will be treated in some ways as if Cyprus were already in Schengen. I'm just curious whether someone visa-exempt might plan on spending time in Schengen when his/her Cyprus time runs out and then get surprised when leaving Schengen. I'm sure there will be rules, but the person making the exit stamp may not think about it when noticing the Cyprus stamps. I once had a thirty minute hold-up when a Spanish official was concerned about an entrance stamp and somehow didn't see the exit stamp on the same page!
    – WGroleau
    Commented May 11 at 14:14
  • What is “that” in “Ten days after that”? Staying 80 days in a Schengen country or entering the Schengen area.
    – Relaxed
    Commented May 15 at 4:50

2 Answers 2

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From reviewing the Cyprus entry requirements on Gov.UK here - https://www.gov.uk/foreign-travel-advice/cyprus/entry-requirements - it seems like the traveler should be fine as long as they don't exceed 90 days total within the new combined Schengen area after Cyprus joins. The site confirms Cyprus and Schengen periods are still considered separately for now. As long as they left Cyprus and the Schengen country on time previously, joining Schengen later wouldn't negate that.

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Suppose someone visa-exempt spends eighty days in Cyprus, then goes to a Schengen country for another eighty days. If Cyprus joins Schengen ten days after that, does that make the traveler immediately in overstay status?

Why would it? Cyprus wasn't in the Schengen area, the person hasn't been in the Schengen area for more than 90 days at this point and this isn't changing. When a country joins, there is a specific date at which this becomes effective, announced long in advance, and it does not retroactively change anything to the status of the territory before that. The same logic is routinely applied in related areas of the law (e.g. citizenship) and isn't particularly complex or ambiguous.

In practice, it seems it wouldn't be a big issue either, the person would have a Schengen entry stamp / record less than 90 days in the past, no initiative required and no reason for an official to split hair.

Depending on the exact timing of the stays, a more thorny question is whether they can reenter Cyprus at or around that date, for how long, and how border officials would disentangle all that on exit if they don't have an official record of entry into Cyprus. It seems to me that the same logic would still apply but I can see how a Cyprus border guard could be bothered by finding someone who may have been in the country for 180 days almost without interruption. I find it less obvious than the analysis of the situation from the perspective of another Schengen country. Another question that hasn't been fully resolved to my knowledge is what other Schengen countries are supposed to do about stays in the Nothern part of the island.

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