Understanding the 90/180 day rule post-ETIAS

First published September 2024
Updated October 2025

With the upcoming implementation of the ETIAS (European Travel Information and Authorisation System) and the EES (Entry/Exit System), it's essential for non-EU citizens planning to visit or live in France to familiarise themselves with the 90/180 day rule. While the basic rule remains unchanged, the introduction of these new systems will bring significant changes to how your time in the Schengen Area is monitored and enforced. 

What is the 90/180 day rule?

For non-EU/EEA/Swiss nationals visiting the Schengen Area (including France), you can stay up to 90 days in any rolling 180-day period without a long-stay visa. Count back 180 days from “today” and total all your days physically present in Schengen; if the total hits 90, you must leave until days “drop out” of the 180-day window. The rule applies across the whole Schengen Area, not per country.

What changes with ETIAS and EES?

As Europe modernises its border control systems, two key developments are reshaping how non-EU travellers enter and move around the Schengen Area: the Entry/Exit System (EES) and the upcoming European Travel Information and Authorisation System (ETIAS).

✅ EES (Entry/Exit System): Live from 12 October 2025

The EES is replacing the old method of manually stamping passports at Schengen external borders. This new automated border control system electronically logs the entry and exit of all non-EU nationals entering for short stays (up to 90 days within any 180-day period).

When you cross an external Schengen border, EES will:

  • Scan and record your passport and biometric data (facial image and fingerprints) the first time you enter.
  • Automatically calculate how many days you’ve stayed or have remaining under the 90/180-day rule.
  • Replace stamps with a shared digital record visible across all Schengen Member States.

Rollout timeline: While the official start date is 12 October 2025, implementation at border points will be gradual, with full operational coverage expected by April 2026. You may still see manual checks during the transition.

Why it matters: EES makes overstaying or miscounting days far harder. Travellers will no longer rely on faded stamps or manual calculations. Border agents will have real-time access to your travel history across the Schengen Zone. This change will especially affect frequent travellers and second-home owners used to moving in and out multiple times a year.

ETIAS (European Travel Information and Authorisation System): coming in late 2026

ETIAS is not a visa, but a pre-travel authorisation system for visa-exempt nationals from countries like the U.S., U.K., Canada, Australia, and others. Once implemented, you’ll need to apply online before boarding any transport to a Schengen country.

Launch: The European Union currently expects ETIAS to go live in the last quarter of 2026, after EES is fully deployed.

✔️ ETIAS Key Facts:

  • Valid for 3 years (or until your passport expires)
  • Allows stays of up to 90 days in any 180-day period
  • Requires an online application, passport info, and background screening
  • Fee: 20 €

No action is required until ETIAS goes live, but once launched, airlines and ferry operators will deny boarding without it.

Planning to move to France but confused about visas? Book your VIP Visa & Relocation consultation today. Our expert will answer all your questions and help you avoid any headaches or pitfalls.

Does EES change the 90/180 rule?

No. The rule itself is unchanged. You can still stay up to 90 days in any 180-day period without a visa. What changes is how that time is tracked.

With EES:

  • There’s no margin for error, your digital entry/exit record is precise and universal.
  • Overstays are immediately flagged and shared across Schengen countries.

Penalties for overstaying vary by country but may include:

  • Fines
  • Future visa refusals
  • Temporary entry bans

Plan ahead and track your time carefully, especially if you're a regular visitor to France or other EU countries.

Compliance & consequences

  • Real-time checks: When you cross an external Schengen border, the system will show your used/remaining short-stay days. If you are out of time, expect problems at exit/next entry.
  • Penalties for overstay: Overstays can trigger fines, refusal of entry, or entry bans, with specifics set by each Member State’s law; an overstay record is visible across Schengen. Plan carefully to avoid even “one extra day”.

Practical tips to stay compliant

  1. Track your days using a rolling 180-day window; remember entry and exit days both count. (The Commission’s guidance explains the counting.)
  2. Mind multiple trips: All Schengen days add up, France + Spain + Italy still count towards one 90-day allowance.
  3. If you need more time: Apply for the correct long-stay visa/residence permit; short-stay allowances can’t be extended by “visa runs”.
  4. At first entry after EES: Allow extra time for biometric enrolment at the border while systems settle in during the rollout period.

Useful resources

For more information on ETIAS, EES, and the 90/180 day rule, explore the following resources: