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I am a US citizen who got a residence visa for Spain. The Spanish residence visa is valid for 3 month (June 1st to Sep 1st). Such a visa allows you to go to Spain and convert the visa into a residence permit valid for one year.

I went to Spain on 1st of June, stayed for 10 days and then instead of converting the visa into a residence permit I changed my mind about living in Spain and went back to US instead. I stayed in US for 10 days and then went to Germany on a Schengen visa (so, using just my Passport).

I know that on a Schengen visa you can stay 90 days in any 180-day period in Schengen countries, but does the count start from the day I entered Spain or Germany?

In other words, can I stay in Germany for 90 days or 90 days minus the 10 days I stayed in Spain?

Or maybe, maybe I am allowed to stay in Germany under the Spanish residence visa and when that residence visa expires I can stay for another 90 days under the Schengen visa?

  • By "went to Germany on a Schengen visa (so, using just my Passport)", do you mean that you showed your (irrelevant) Spanish national visa, or that you went to Germany without any visa? – Henning Makholm Jul 30 '18 at 1:36
  • @HenningMakholm by that I mean that I just showed my passport. I told them I am entering as a tourist in Germany. No mention of the Spanish visa. – multigoodverse Jul 30 '18 at 9:29
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Time spent in Spain authorized by a Spanish national long-stay (type D) visa or residence permit does not count for the 90/180 day clock. Time spent anywhere else in the Schengen area does.

Unless I'm misunderstanding your story, this means that your trip from Spain is excluded from the 90/180 day calculations, but the one to Germany is included.

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