How to switch from Resident visa to Tourist visa status in the Schengen area?

Question

I have a 1-year residence permit from one Schengen country that is now expiring. Upon its expiration, I would like to get my 90/180 days validity as a tourist to stay, or return here as soon as possible.

I understand that the tourist short-stay scheme is based on the 90/180 days "counter". But what happens if my previous stay was not tourism but residence (as searching year). Wouldn't that mean that I can quickly exit and re-enter the Schengen area to activate my tourist stay?

Also, is there a way to change this purpose of stay without exiting the Schengen area?

Answer 1

There is nothing explicitly stated in the rules governing the switch from EEA resident to Schengen tourist except that you need to have a passport that allows for visa-free entry. I took a course in Schengen earlier this year and asked the instructor (Elspeth Guild) what she advised clients in this situation. See below...

Wouldn't that mean that I can quickly exit and re-enter the Schengen area to activate my tourist stay?

Yes, this is the recommended strategy. This enables you to cap off your residence visa and start a new stay as a short-term visitor with appropriate documentation at every step.

Also, is there a way to change this purpose of stay without exiting the Schengen area?

This depends upon the host nation and if they have a policy in place for an 'in-country switch'. If they provide the right passport stamps documenting that you did not overstay your residence visa, then fine.

You can find anecdotal evidence on the net indicating both strategies will work and that an 'implicit switch' (i.e., where there's no hard evidence of a status change) avoids a needless exit/re-entry solely to satisfy a formality. So your choice will ultimately depend upon your own appetite for having a clear paper trail.

Note also that we have a lot of questions/answers here explaining that time spent on a residence visa is not reckoned against the Schengen 90/180 day counting rule and this will apply to you. Your Schengen clock will activate with the full 90 days regardless if you exit/re-enter or make an 'in-country switch'. This aspect of your question is stated explicitly in the rules.

The Schengen Borders Code is here.

Answer 2

It looks like the Schengen Borders Code was updated in March 2016, so it seems the relevant text is not at Article 6, paragraph 2 (rather than Article 5 paragraph 1a).

Here is the link to the updated Borders Code: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399

Answer 3

You can indeed visit the Schengen area for 90 days, with a visa or on a visa-free passport, after the end of your Schengen residency permit. There is no requirement for you to leave the Schengen area before you do so. The relevant regulation is the Schengen Borders Code and in particular article 5:

1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

[…]

1a. For the purposes of implementing paragraph 1, the date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. 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.

Answer 4

I called the German KVR in Munich and they said I would have no problem to fly from Milan if I leave Germany before the expiration of my permit (period of two weeks between leaving DE and flying from Milan). But when I received email response (sent before call), they said I need to contact the Bundespolizei. So waiting to hear from them.

Also, Italy requires you to declare your presence if entering by land, so maybe that can help with your paper trail: https://www.poliziadistato.it/articolo/31013

UPDATE

The Bundespolizei answered:

"A longer-term, lawful stay on the basis of a Schengen residence permit or a visa for a longer-term stay may be immediately followed by a short stay as a visa-free third-country national or on the basis of a Schengen visa. This applies regardless of whether the longer-term stay was completed in Germany or in another Schengen state.

In any case, once the visa or residence permit has expired, re-entry via the external border is required so that the entry requirements can be checked.

Conclusion In principle, a short stay is possible after a longer-term stay. However, you must leave Germany and the EU after your residence permit expires. You can then re-enter Germany via an external EU border without a waiting period. The person must then undergo an examination of the general entry requirements in accordance with Article 6 of the Schengen Borders Code (SBC)."

This was from a direct email with an officer.

I'll take a 10euro flight to Albania.