Everything You Need to Know About the Schengen 90/180 Rule for Non-EU Citizens

Are you a non-EU citizen—such as a Brit, American or Canadian, or other foreigner—looking to buy property in Portugal? While owning property in Portugal is possible for anyone, it is essential to understand rules and regulations on how long you can stay in the country as a tourist to comply with immigration regulations. This is where the Schengen 90/180 rule comes into play.

In this guide, we’ll walk you through the 90/180 rule, how it applies to property buyers in Portugal, and what you need to know if you're planning to stay for an extended period.

What is the Schengen 90/180 Rule?

The Schengen 90/180 rule is part of the rules governing tourist stays within the Schengen Area, which includes Portugal. As a non-EU citizen, you can stay in Portugal for up to 90 days within any 180-day period without a visa. The 180-day period is not fixed and rolls over every day. This means that after spending 90 days in Portugal, you must leave the country (and the Schengen Area) and can’t return until you’ve spent 90 days outside the Schengen Area.

However, if someone stayed in Portugal for 20 days, they do not need to stay out of the country and Schengen Area for 90 days. Here's how the 90/180 rule works:

• You can stay in Portugal for up to 90 days within any 180-day period without a visa.
• After spending 20 days in Portugal, you would still have 70 days left in that 180-day period to stay in the Schengen Area (including Portugal) before reaching the 90-day limit. 
•  If you enter Portugal on June 1st and stay for 60 days, you can stay until July 31st. But after that, you’ll need to leave and wait 30 more days before you can return.
• Once you've stayed for 90 days within the 180-day period, you must leave the Schengen Area and wait until you’ve been outside the area for 90 days before returning.

It's important to track your days in Portugal carefully. If you exceed the 90 days without leaving or applying for a visa, you could face penalties or a ban from re-entering the Schengen Area.

Who Does the 90/180 Rule Apply To?

The 90/180 rule is specifically designed for non-EU nationals (such as UK, American and other foreign nationals outside of the EU). Here's a breakdown:

• UK Citizens (Post-Brexit): Since the UK left the European Union, UK nationals need to comply with the Schengen Area’s visa rules. This means UK citizens can stay in Portugal for 90 days in a 180-day period, just like other non-EU citizens.
  
  
• Irish Citizens: As part of the Common Travel Area (CTA), Irish nationals do not need a visa to enter or stay in Portugal.
  
  
• Other Non-EU Nationals: If you're from a non-EU country, you can stay in Portugal for 90 days in a 180-day period under the Schengen visa rules.
  
  

How the 90/180 Rule Affects Property Buyers in Portugal

If you're looking to buy property in Portugal, understanding the 90/180 rule is critical. While you can own property as a non-EU citizen, the tourist visa rules only allow for a short stay of up to 90 days. 

If you're planning to stay longer, 90 days is your maximum allowance for a tourist stay. If you consider to stay longer of permanent in Portugal, you can consider any of the permanent visa options such as D2, D7, Work Visa, Digital Nomad Visa. 

Can You Extend Your Stay in Portugal Beyond 90 Days?

If you plan to stay in Portugal beyond the 90 days, you can try to request for an extension but when not granted you cannot stay. The 90/180 rule is strict, and staying beyond this period can lead to fines or being banned from re-entering the Schengen Area.

However, there are some options to consider if you need to stay longer:

1. Leave the Schengen Area and Re-enter After 90 Days: After spending 90 days in Portugal, you must leave the country and the Schengen Area. Once you’ve spent at least 90 days outside of the Schengen Area, you can return for another 90-day period.
   
   
2. Apply for a Long-Term Visa: If you want to stay in Portugal longer, you may need to apply for a long-term visa, such as the Golden Visa or D7 Visa. These visas allow you to reside in Portugal for longer periods, but they involve different requirements than those for short-term tourist stays.

For any questions related to your home country’s rules or how they interact with Portuguese law, you can reach out to your embassy in Portugal.

What Happens if You Stay Longer Than 90 Days Without a Visa?

If you stay longer than the permitted 90 days, you may face legal consequences. These can include:

• Fines for overstaying.
  
  
• Being banned from re-entering the Schengen Area for a specific period.
  
  
• Difficulty obtaining visas in the future.
  
  

It’s crucial to follow the 90/180 rule to avoid these penalties. Always plan your stay in Portugal and make sure you leave before the 90-day period ends unless you’ve applied for a long-term visa.

Conclusion: Navigating the Schengen 90/180 Rule for Property Buyers in Portugal

For non-EU nationals, including Brits, and other foreigners, owning property in Portugal is possible, but understanding the 90/180 rule is essential to avoid any legal issues. 

If you’re looking to buy property and spend more time in Portugal, long-term visas such as the D7 Visa may be the right solution for you.

At Divine Home, we’re here to help you navigate the process of buying your dream home in Portugal, and we’re always available to answer your questions about visas, residency, and everything in between. Start your journey today with us and make Portugal your home away from home!