Did I Overstay the 90 in 180 Days Rule?

[CanadaNatasha22]

I arrived in mid-June 2022 and stayed for 17 days, then returned to Cyprus in mid-October and stayed until mid-February 2023.

I made the assumption that my June arrival date marked the beginning of the 90 in 180 day period that would end on December 8th. Then the next day the 180 day period would start the next maximum of 90 days to end on June 7th.

I was in Cyprus for more than 90 days between October and February, but they straddled two 180 day periods - neither of which I over-stayed the 90 day max.

When I went through passport control on my way out of Cyprus I was told I had overstayed and could not come back for 180 days. I tried to explain the two different periods of 180 days, but didn’t get anywhere. It doesn’t matter to me about not coming back to Cyprus for 180 days from the time I left (Feb 12th) but I’m wondering if I was wrong about my calculations/assuptions, or if the passport control officer was wrong.

Anyone have any experience or info about this?

[mark4007]

I arrived in mid-June 2022 and stayed for 17 days, then returned to Cyprus in mid-October and stayed until mid-February 2023.

I made the assumption that my June arrival date marked the beginning of the 90 in 180 day period that would end on December 8th. Then the next day the 180 day period would start the next maximum of 90 days to end on June 7th.

I was in Cyprus for more than 90 days between October and February, but they straddled two 180 day periods - neither of which I over-stayed the 90 day max.

When I went through passport control on my way out of Cyprus I was told I had overstayed and could not come back for 180 days. I tried to explain the two different periods of 180 days, but didn’t get anywhere. It doesn’t matter to me about not coming back to Cyprus for 180 days from the time I left (Feb 12th) but I’m wondering if I was wrong about my calculations/assuptions, or if the passport control officer was wrong.

Anyone have any experience or info about this?

Hi.. the rule is ANY 180 day period..its a "rolling" 180 day period... so if one looks at any 180 days and you if spend more than 90 days in country you have overstayed.

in your case the period mid october to mid feb falls into a number of 180 days... your period of stay is more than 90 days in multiple 180 day periods.. in particular as soon as you spent 90 days after you arrived in mid october you had overstayed.

passport control officer was right about the calculation... and, sorry.. you were wrong about your calculation.. and also "brave" to argue with a passport control officer...

Whats interesting is the "punishment".. being prevented access for a further 180 days.. I'm not aware of this being a valid "punishmnt" ..

Did the passport officer write in your passport or stamp it to state that you are not allowed in for 180 days?

bearing in mind that ETIAS is due to be introduced in 2024.. I'd recomend that no one should think that this "punishment" is all that will happen if one "overstays"..

Europes ETIAS is similar to the US ESTA... and under the latter if you "overstay" you can be banned for life from the US ESTA system..

Its also easy to imagine a situation where on the application for an ETIAS there is a question about previous "overstays" and being refused an ETIAS if one has overstayed previously...

[WHL]

Its not the immigration officer that calculates the time, the computer does that when your passport is scanned, it then flags you up as an over stay, as the previous poster has stated, when the europe wide system is operational , fines etc will follow.

[Cappielow1]

Am I reading the above replies correctly......

Is it a 90 consecutive day stay?

Or is it.......

if I arrive in Cyprus on January 1st and stay for 30 days, then return home.

Then return 30 days later and stay in Cyprus for another 30 days, then repeat the exercise for a third time, then I'd have been in Cyprus for a total of 90 days over a six month period. That would take me to somewhere around early August.

Could I then return in, say September, and stay for a further 30 days?

[PolemIan]

Gov advice for U.K. passport holders here:

https://www.gov.uk/foreign-travel-advic ... quirements

See section under ‘Visas’.

Ian

[Kili01]

Having just read the section under Visas, it is set out really clearly. Unless you have a Cyprus residency document, visitors to Cyprus may stay for up to 90 days in a period of 180 days. Then you must wait for the following180 day period before coming again.

Overstaying will probably lead to trouble when your previously stamped passport is checked on departure.
Blame Brexit for this as the UK is not a member of the EU.
Dee

[TandC]

As I read it you have to be absent from Cyprus for 90 days before the next period can start.Do you agree?

[Princebytor]

As I read it you have to be absent from Cyprus for 90 days before the next period can start.Do you agree?

I thought that it was a rolling 180 days, i.e. you count back from the day of your departure 180 days and you need to ensure that you have not been in Cyprus for more than 90 days in that time.

[fishbeardsunset]

Hi there
This might help - clear up some confusion with an example

Here is an extract taken from an article in the Cyprus Mail
Citizens of the UK, USA and 61 other countries are visa-exempt

If you’re coming to Cyprus from the United States, United Kingdom, Australia, Canada, or any of 61 other nations, then you’re visa-exempt for the Schengen Zone and thus Cyprus too. In this case, you’re eligible to stay for up to 90 days in a 180-day period.
This means, for example, that if you come to enjoy this Mediterranean country’s balmy temperatures and blue skies from July to September, for three months, then the next time you could return would be at the start of the next 180-day period, in January. To enter, you just require a passport with at least six months validity remaining.

[WHL]

Hi there
This might help - clear up some confusion with an example

Here is an extract taken from an article in the Cyprus Mail
Citizens of the UK, USA and 61 other countries are visa-exempt

If you’re coming to Cyprus from the United States, United Kingdom, Australia, Canada, or any of 61 other nations, then you’re visa-exempt for the Schengen Zone and thus Cyprus too. In this case, you’re eligible to stay for up to 90 days in a 180-day period.
This means, for example, that if you come to enjoy this Mediterranean country’s balmy temperatures and blue skies from July to September, for three months, then the next time you could return would be at the start of the next 180-day period, in January. To enter, you just require a passport with at least six months validity remaining.

Thank you , if i understood that then anyone can

[fishbeardsunset]

Hi there
This might help - clear up some confusion with an example

Here is an extract taken from an article in the Cyprus Mail
Citizens of the UK, USA and 61 other countries are visa-exempt

If you’re coming to Cyprus from the United States, United Kingdom, Australia, Canada, or any of 61 other nations, then you’re visa-exempt for the Schengen Zone and thus Cyprus too. In this case, you’re eligible to stay for up to 90 days in a 180-day period.
This means, for example, that if you come to enjoy this Mediterranean country’s balmy temperatures and blue skies from July to September, for three months, then the next time you could return would be at the start of the next 180-day period, in January. To enter, you just require a passport with at least six months validity remaining.

Thank you- if i understood that then anyone can

Thank you- it took me a while to try and get my head around this as well being as there have been so many different scenarios-

I did not want to muddy the waters, in respect of slightly going "off-piste" but there is a very good article for those people who are wanting to stay longer by obtaining "resident status" here in Cyprus (see paragraph 6)
https://www.fpnnow.com/blog/faqs-in-rel ... -documents

and here:
https://www.fpnnow.com/blog/residency-d ... -in-cyprus
Hope that helps

[mark4007]

Hi there
This might help - clear up some confusion with an example

Here is an extract taken from an article in the Cyprus Mail
Citizens of the UK, USA and 61 other countries are visa-exempt

If you’re coming to Cyprus from the United States, United Kingdom, Australia, Canada, or any of 61 other nations, then you’re visa-exempt for the Schengen Zone and thus Cyprus too. In this case, you’re eligible to stay for up to 90 days in a 180-day period.
This means, for example, that if you come to enjoy this Mediterranean country’s balmy temperatures and blue skies from July to September, for three months, then the next time you could return would be at the start of the next 180-day period, in January. To enter, you just require a passport with at least six months validity remaining.

Ok.. this example gets the (almost) right answer but it uses the wrong reasoning.. so i dont think its particularly helpful... and whilst it may clear up the confusion its actually misleading..

the rule is and i cant stress this strongly enough, its about exceeding 90 days in ANY 180 day period.

Every single day is in MULTIPLE "180 day periods". in fact every day is in 180 of these "180 day periods".. So 1 July 2023 is in a period starting on 26 June 2023. and a period starting 25 June 2023 and a period starting 24 June 2023 and a period starting on 1 May 2023 and a period starting on 18 March 2023. hopefuly that shows what i am getting at ( its a bit boring to list all the 180 of the periods that it is part of)

one doesnt look at consective periods.. theres no such thing as the "next 180 period".

So if one stays for only 91 days in one stay then you have exceeded the 90 days in "a 180 day period" in MULTIPLE 180 day periods.. the most obvious of these periods starting on day 1.. but youve also exceeded 90 days in the period starting on the day before day 1 (ie the before you arrived).. and the period starting 2 days before you arrived..

the test is can you find ANY "180 day period" in which one has been in the country for more than 90 days..

hopefully that helps..

(BTW.. i say the example is almost right as its actually wrong for at least two reasons.. 3 months July to September is more than 90 days.. but if it was 90 days you wouldnt have to wait till January to come back you could come back at the end of December becasue 180 days is less than six months..)

[mark4007]

As I read it you have to be absent from Cyprus for 90 days before the next period can start.Do you agree?

No

[mark4007]

Am I reading the above replies correctly......

Is it a 90 consecutive day stay?

Or is it.......

if I arrive in Cyprus on January 1st and stay for 30 days, then return home.

Then return 30 days later and stay in Cyprus for another 30 days, then repeat the exercise for a third time, then I'd have been in Cyprus for a total of 90 days over a six month period. That would take me to somewhere around early August.

Could I then return in, say September, and stay for a further 30 days?

its not 90 consecutive days..

and yes you could return in September

[mark4007]

Having just read the section under Visas, it is set out really clearly. Unless you have a Cyprus residency document, visitors to Cyprus may stay for up to 90 days in a period of 180 days. Then you must wait for the following180 day period before coming again.

Overstaying will probably lead to trouble when your previously stamped passport is checked on departure.
Blame Brexit for this as the UK is not a member of the EU.
Dee

the section under visas says

"You can travel to Cyprus for up to 90 days in any 180-day period without a visa"...

ANY..