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I have a question about the 90 days in Schengen within the period of 180 days.

My partner and I lived abroad in Malta for one year. I am a European citizen and she is a third country non-EU citizen.

She was in Malta with a resident permit which is expiring 03/2019 but quit her job and left the country. Her employer may have invalidated her visa.

I moved to another Schengen country and two weeks ago she came to visit me for the holidays. Can she now stay up to 90 days again in the Schengen zone?

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She can stay indefinitely, subject to minimal conditions, if it is a registered partnership, if you are married, or if your country of residence recognizes her as your family member under the freedom of movement directive.

She can certainly stay for a total up to 90 days from the date of her entry into the Schengen area. The time spent in Malta with a Maltese residence permit does not count in the 90/180 calculation. The Schengen Borders Code, article 6(2) says in part

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.

The previous sentence of Article 6(2) establishes that the days must be counted inclusively, so the date of entry and the date of exit both count. Therefore, if she entered on December 31st 2018 (and if she does not qualify for free movement), she must leave before the end of March 30th 2019.

  • Time in that other Schengen country would count against the 90/180 rule, however. If that rule appiies at all and she is not a family member, that is. – o.m. Jan 14 at 17:06
  • @o.m. Do you mean to say that if she entered fourteen days ago that she can now remain for up to 75 days? – phoog Jan 14 at 17:08
  • Yes. She came two weeks ago for the holidays, the OP wrote, and said nothing about her leaving. – o.m. Jan 14 at 17:10
  • @o.m. I've edited to clarify. – phoog Jan 14 at 17:12
  • So even that she spent almost one year in European country and she legally exit that country now she is allowed to stay 90 days again and leave this country before 90 days? – Igor Lazov Jan 14 at 17:20

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