90 day rule

Hi, at the end of this month we are starting to travel in Europe starting in Amsterdam, through Germany, Switzerland, Italy, Austria and ending up in Spain.
We had planned to be away for 90 days so as to fall within the rules of travel in Europe, however, we went to Malta for a city break in December, for 5 days, which I gather count as part of my 90.

I had assumed this would not be included when I initially made my travel plans. My question is, if I overstay even by only a few days (up to a week max) will this cause me problems when I return and for future travel to Europe?

The rule for the Schengen Area (not 'Europe' and not just EU countries) is a maximum of 90 days ...including entry and exit days...in every 180-day period. Once you have used up your 90 days you must stay out of the Schengen Area for a further 90 days.

>I had assumed this would not be included when I initially made my travel plans.

Malta is in both the EU and in the Schengen Area so I don't undertand why you thought your 5 days would not be included if you returned to the Schengen Area within the same 180-day period?

>if I overstay even by only a few days (up to a week max) will this cause me problems when I return and for future travel to Europe?

Almost certainly.

If someone overstays the 90-day limit their ID is flagged on the shared system (and remain on it for the forseeable) so all Schengen countries will know about it.

There are fines for overstaying and doing so can cause difficulties for...even refusal of...future entry, regardless of Schengen country of entry.

It is of course your choice whether to overstay but, if you do, don't expect that overstay to be ignored on exit from the Schengen Area. Personally, I'd just bite the Brexit-initiated bullet and amend my travel plans to stay within the 90 days.

[ Edit: Edited on 5 Feb 2025, 22:02 GMT by leics2 ]

If you're still flexible with timing (can postpone the trip by a week or two), and if the city break to Malta was early in December, the 180 days rule might work in your favour, since it's a sliding window. So if you went to Malta to December 1, then the 180 day period ends on the 29th of May (30th of May is day 181). Which means that by entering 85 days before May 29 (= March 7), you can stay for the full 90 days (until June 3), as each new day you add to the end of the 180 day window, is also a day at the start which no longer counts for it.

Of course, if you went to Malta a week later (December 8), you'd also need to wait a further week (to March 14) before entering, and so on. (Please recalculate days for yourself, and don't blindly rely on what I write - I might be off by a day somewhere!)

Alternatively, from Austria, head to Bosnia, Serbia, Kosovo, Albania or North Macedonia for a week before continuing your planned travels? Or just shorten to total trip by 5 days.

Many thanks for the replies. I'll keep my visit to within the 90 days incl my Malta trip and will look into many visiting one of the non Schengen countries.

Right decision, imo. Enjoy your trip!