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Ok, I wrote a very lengthy question about being able to stay as a tourist in Italy (I am American) following the expiration of my Italian long-term (type D) student visa. After some searching, I found Article 6 Entry conditions for third country nationals Point 2 of the Schengen Borders Code and deleted the original question. The relevant text from the code is as follows:

...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.

Great. If I've just finished a long-stay visa, those days don't count in calculating the 90 days I have in the 90/180 rule for tourism.

However, the question I have is now this:

Even though I have been on a long-term Type D visa in Italy for longer than 180 days, does any time I spent in Italy as a tourist before the visa started count?

I know this might seem like a ridiculous question, but I spent slightly less than 90 days in Italy as a tourist before my long-term visa started and if these days did count, it would significantly reduce the amount of time I could stay in Italy as a tourist after my visa expires.

I'm asking because "shall not be taken into account" can be interpreted in slightly different ways: 1) as if they don't count at all in the 90 days of the 90/180 day rule and I'm good to go or 2) as if the entire period of your visa didn't exist at all and you need to factor in any time you spent in the Schengen Zone the day before your visa started. Does anyone have any idea about this?

This is just a side note, but I did make sure to exit the Schengen Zone and re-enter on the start-date of my visa, so I have a stamp with the visa's start-date.

Thanks for any information!

  • You may find this calculator useful to confirm compliance with the 90/180 day rule ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=en – Traveller Mar 10 at 15:27
  • May I ask how your visa-free entry went? I plan on entering Austria a few days before my visa-d is valid (I am allowed in as tourist visa free just like you) but I'm worried about what the border guard might think. – Ozzy Jul 27 at 17:27
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    @Ozzy Entering the EU several days before your D Visa shouldn't be a problem, so long as you come from a country whose citizens are allowed to travel in the EU for some amount of time without needing a visa before arriving. For example, I'm American and I'm allowed to travel in the EU for 90 days without applying for a visa beforehand. So I arrived before my D Visa started as a tourist and didn't have any issues. – kozina_adjacent Jul 27 at 19:14
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    I didn't have any interaction apart from handing them my passport. They might have caught a glance at my visa, but if they did, they didn't mention it. I will say I arrived in the EU in Slovenia. I have no idea what Austrian border patrol will be like, but I imagine similar. If they ask what are you doing in the EU, I'd say I have a D visa for X that begins on X, but I'm traveling here for a little bit before it starts. They shouldn't hassle you. – kozina_adjacent Jul 27 at 19:19
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    I live here now, so the "trip" has been extended indefinitely :) Best of luck with your PhD! – kozina_adjacent Jul 27 at 19:26
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You're asking about things that happened more than 180 days ago. They don't count.

  • This is correct, but it is slightly subtle. The point is that whereas days doesn't under a D visa don't count among the "90 days in Schengen", they do count for finding out what a "180 day period" is. – Henning Makholm Mar 10 at 15:34
  • This has been hurting my brain, and Henning expressed things much more clearly than I could: my student visa days do not add to the 90 day counter, but they do stay on my imaginary 180 day calendar. Fantastic. Thank you! :) – kozina_adjacent Mar 10 at 16:50

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