Meaning of "90 day stay within a 180 day period"

We are unsure about how to read the "90 day stay within an 180 day period." Strange as it is, it seems open to some interpretation.

If we entered and stayed for 10 days last December, the 180 day period FROM FIRST ENTRY would be in June.
We then entered again in April and are still here. Would we have to leave in June (the end of the 180 day period)?
Or, is the 180 day period started from EACH new entry?

And then there is the question, how long must one stay OUT (of any Schengen country) before re-entering for another 180 day period?

Also, we own an apartment here. We are not working.
Any help/advice will be appreciated.

My wife is also American. She has also a 90 day tourist Visa.
We went to the Czech Repubublic at the weekend, the German border patrol gave my wife an exist Stamp when she left Germany, at the same time she also got a Czech stamp for entering the Czech Republic. The same day a couple of hours later we entered Germany again and she was given a new Stamp on her passport. From this i assume that her 90days starts all over again. Why not every few months just enter the Czech Republic or Poland.

I would think that the 180 day period is a sliding window once you have reached the end of the first 180 day period

arrive day 1... depart day 89
arrive day 179... depart day 181

- this wouldn't be allowed as you only have 1 day left to use but need 2 (179 & 180) in the 180 day period (1 - 180).

So lets say
arrive Again180 days

Don't know what happened there... anyway...

This is all speculation, but I would think that the 180 day period is a sliding window, e.g.

arrive day 1... depart day 89
arrive day 179... depart day 181

- this wouldn't be allowed as you only have 1 day left to use but need 2 (179 & 180) in the 180 day period (1-180).

So lets say
arrive day 1... depart day 45
arrive day 135... depart day 182

- ok, as the 2nd 47 day stay uses the remaining 45 days from your (1-180) window, plus the 90th day from your (2-181) window, and 90th day from the (3-182) window.

In fact you could do
arrive day 1... depart day 45
arrive day 135... depart day 225

in a 225 day period, as you are in the country for 135 days in total, but never more than 90 in a 180 day window. Note that for some time you are always on day 90 of a 180 day period - i.e. day 135 is (46/1-180), day 180 is (90/1-180), day 181 is (90/2-181) etc...

I can't quite understand why so many people get confused about this. You can stay for a maximum of 90 days within a fixed period of 180 days which starts the day of your first entry into the country. Leaving the country and coming back in does not reset the clock - it only reduces the time you are in the country.

I have heard many people claiming that leaving and re-entering "resets" the 180 day period, but in reality it depends on the local border crossing authorities as to how strictly this is regulated. However as more countries use computerised tracking for entry and leaving it becomes more obvious how long (cummulative) a person has been in a country within a 180 period.

I guess what some people forget is that if the immigration authorities get annoyed with you for exceeding the limit, they can have you expelled from the country which will be recorded in your passport. I don't think anyone wants that travel experience.

Yep. You are not allocated another 90 days. You simply have 90 days in a 180 day period starting the day you got the first stamp. The exit and re-entry stamp only stops the counting and restarts the counting process. If you want to reside illegaly in germany then dont get the stamps period. Be smart and at least apply for a residence non work card. They are not that hard to obtain.

Could you please advise per my current situation:

I will have been here 90 days in about 25 days from now. I'm an American citizen and I intend to sat in Germany. I have registered here, I have an apartment, and I'm getting my business plan and paperwork together to present to my lawyer, who will initiate the process for a 1 year visa application.

I understand that, once the process is initiated, the tourist visa is extended for the duration of the application processing time. However, since the time frame is beginning to get uncomfortably narrow to get this started, I'm wondering what would happen if, after my 90 days are up, for whatever reason I would have to leave Germany.

Sounds like I would have to wait another 90 days to come back, correct? So, then just go to the Czech republic, or travel, etc, for 90 days, then I can re-enter and stay another 90 days, is that right?

Assuming, of course, my registration process is not underway within 25 days, which I expect it to be.

Please advise?

Thanks!

Just visit the Czech republic or Poland and they will restamp your passport

As pointed out above, "restamping" the passport does not entitle you to a further 90 days. I don't understand why so many people think it does. The exit and re-entry stamps only pause and resume the counting.

You should talk to your lawyer and embassy about your options.

I think I get it. I'd have to go to a country outside the group of Schenegan countries (Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden), and (in my case, since I came directly to Germany and have been here continuously) remain out of these countries for 90 days (supposing I had already used up my initial 90 days), then I could return for another 90 days cumulative within the Schenegan countries, within a 180 day period.

Is that correct?

Yes. Although the fact that you didn't outstay your initial visa and are now eligible for a new one doesn't automatically mean it will be granted.

Thank you for clearing this up. Yes, I understand, everything is ultimately dependent on the disposition of the person one is dealing with..

I don´t understand this, we have a lot of people coming here from the US weeks at a time. For over a year with no problem. If you come to Germany you
and leave you have to stay outside Germany for 90 days before coming back in. What about people who visit the country regularly for business.

I have no idea about how long your "people" are coming for or how they are doing it. The 90-day tourist visa means that one could spend a total of six months in Germany each year (spread over two or more visits), more than enough for most business visitors. There are also different visas available; this is just one and, as the name suggests, is aimed at tourists. The best source of information is always the German embassy of your home country. They always have the information on their website.

Isn't great when people chip in to give advice on a subject they really know little about. Things like visas are serious matters and people can get into real trouble with the wrong advice.

I think it is irresponsbile for people to imply some authority on a subject without any substance in their advice. If you are are only guessing and don't know for sure, keep it to yourself unless you qualify your statements as to their lack of certainty. I think that is a reasonable approach.

tru dat hopskipjump..
peoples circumstances are usually unique.. ie. its unusual for two people to have the exact same situation regarding visas, etc..
so do your research, but be thorough.. and as said above, check your sources before doing anything rash.. advice from forums is helpful, but not always scripture..