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Old 08.10.2020, 20:25
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Non European 90 out of 180 rule? How is it enforced?

Hi

I live in Basel and my partner in Munich. Due to Corona I have spent more time there in the past months. Working from home has that benefit.

I am from Guatemala and I read that there is a 90 days out of 180 days for traveling within Schengen, even when one lives within Schengen.

The longest I have visited was 30 so far but I wonder if I am doing something ilegal. I am still below 90 in the past 180 days but I am worried of how they measure it. Thanks for the help
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Old 12.10.2020, 16:13
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Re: Non European 90 out of 180 rule? How is it enforced?

These are the rules:

https://eeas.europa.eu/sites/eeas/fi...er_faqs_en.pdf
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Old 12.10.2020, 16:24
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Re: Non European 90 out of 180 rule? How is it enforced?

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Hi

I live in Basel and my partner in Munich. Due to Corona I have spent more time there in the past months. Working from home has that benefit.

I am from Guatemala and I read that there is a 90 days out of 180 days for traveling within Schengen, even when one lives within Schengen.

The longest I have visited was 30 so far but I wonder if I am doing something ilegal. I am still below 90 in the past 180 days but I am worried of how they measure it. Thanks for the help
If you are legally resident in Schengen, nobody is counting as there is zero passport control.
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Old 12.10.2020, 17:21
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Re: Non European 90 out of 180 rule? How is it enforced?

Nobody is counting but in case of doubt at permit renweal time, migration offices have been known to ask to prove whether the centre of vital interests is still Switzerland (happens a lot with Italians in Ticino and Kanton Zug is known to do this)
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Old 12.10.2020, 17:30
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Re: Non European 90 out of 180 rule? How is it enforced?

The Swiss authorities probably don't really care that much, particularly with the whole quarantine and ever changing lists of safe/non-safe countries they're having to deal with right now.

Anyway I'd be more worried about the six months limit on amount of time you're allowed to be outside Switzerland for residence permit purposes - this they do take seriously, although it's still doubtful you'd get caught.
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Old 12.10.2020, 17:34
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Re: Non European 90 out of 180 rule? How is it enforced?

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The Swiss authorities probably don't really care that much, particularly with the whole quarantine and ever changing lists of safe/non-safe countries they're having to deal with right now.

Anyway I'd be more worried about the six months limit on amount of time you're allowed to be outside Switzerland for residence permit purposes - this they do take seriously, although it's still doubtful you'd get caught.
Certainly good to be able to show local cash withdrawals & POS transactions every month throughout the year. The bigger the cash withdrawals the less you need to show lots of other little transactions.
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Old 12.10.2020, 19:49
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Re: Non European 90 out of 180 rule? How is it enforced?

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If you are legally resident in Schengen, nobody is counting as there is zero passport control.

It kind of depends on the lockdown situation. It's also important to remember it is the individuals responsibility to prove that the complied with the rules not the other way around.
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Old 12.10.2020, 23:06
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Re: Non European 90 out of 180 rule? How is it enforced?

I would be more worried about your tax domicile. In case you stay in Germany for >180 days per year, you will become tax eligible (tax resident) in Germany instead of Switzerland.
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