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I just wanted to make sure I understand the rules correctly:

I am a US citizen. I entered Germany on March 16, 2017, then I received a work visa on June 22, 2017. I had a temporary visa (Fiktionbechreibung) to cover for my 90-day overstay while I was waiting for my work visa. The job ended on October 31, 2017 and I switched to a job seeker visa on November 7, 2017. Now the job seeker visa is expiring on May 6, 2018.

Will my 90-day tourist limit to stay in Germany have been reset by this time and I can stay in Germany? Or even leave the Schengen area and immediately re-enter?

I have exited the Schengen area twice, in November 2017 and March 2018 for a week each time.

Thanks for any help!

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  • The long stay visa does not count towards the 90 days limit. Even the Fiktionsbescheinigung should not count towards the 90 day limit, because the moment you get your long term work visa, it should be treated as part of that work visa. If in doubt, just contact the Ausländerbehörde about your plans to stay and ask for the apporpriate course of action.
    – Adwaenyth
    Commented Apr 13, 2018 at 11:24

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Yes, your 90 days have long since reset, because

  1. the limit is 90 days in any 180-day period, and
  2. time spent under a "long-stay visa," which includes your work visa and your job seeker visa, does not count for the 90/180 calculation.

Reference: Schengen Borders Code, Article 6, paragraph 2:

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.

There is some uncertainty about whether you can remain in the Schengen area, automatically beginning your 90-day short-stay period when your national visa expires. It may depend on national law. If you want to be extra safe, leave and re-enter.

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