I arrived to Europe from Canada July 3rd. Got a residence permit and working visa the 4th for two months and now I've been traveling. Since July 3rd my 90 days of a Schengen visa are up next week.

But do those two months of work with the residence permit count from the 90 days? Or are they exempt? Websites are giving me mixed answers.

  • 2
    The 90/180 rule does not count days while you had a national D permit and stayed in the nation issuing the national visa. Since you do not get passport stamps on crossing internal borders, it might be difficult to document when you were where. – o.m. Sep 22 '17 at 11:16
  • So for the 2 months of work I had (Germany) those 60 days do not count towards the 90 day total? But they do count within Germany? (This is a grey part as you said, since they do not stamp passports always.) – SpencerC Sep 22 '17 at 11:23
  • @SpencerC they don't count in Germany or elsewhere. From the Schengen Borders Code: "Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States." For further information, see my answer to the duplicate question. The lack of clarity referred to by chx is the question of whether presence in another Schengen state is "under a long-stay visa or residence permit." – phoog Sep 22 '17 at 13:22
  • Sounds good! All the confirmation is well appreciated while I wait for consulate replies. – SpencerC Sep 22 '17 at 14:02
  • @phoog but do you know if I need to leave to a non Schengen state for the 90 days to begin again? It would be 89 days "restarting" technically. – SpencerC Sep 22 '17 at 14:15

While the EU regulation on this is not particularly clear, the Finnish immigration service lays it out crystal clear -- and it's (obviously?) the same across all Schengen countries:

If you have been granted a residence permit for Finland, you may travel in the Schengen area without a visa for up to 90 days in any 180 days period. When travelling you must have with you a passport and residence permit card, or a passport containing your residence permit.

It is reasonably clear by omission only: since it does not make your length of travel a function of your length of stay, the length of stay doesn't matter.

It finishes with:

The 90-day time limit concerns the total time spent in the Schengen area, not an individual country.

but this is still in the context of travel to the Schengen countries and is about the countries that are not Finland.

Finally, while bringing common sense to an immigration fight is not recommended, in this case it is applicable (very cautiously): a stay on a residence permit might be years long and you would not be able to travel at all if those days were counted.

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