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I am a non-Schengen country citizen, but I possess a Spanish (TIE) resident card, valid until May 2, 2020 (issued in August 2018).

From December 2, 2019 to February 14, 2020 I will be staying in Hamburg as part of a research visit. I spent 23 days in France this summer (from July 26 to August 17). So in principle, I need to be careful not to violate the 90-180 day Schengen rule.

The company inviting me to Germany will be closed from December 24 to January 5. I can thus return to Spain during this period, so mathematically everything should add up.

My questions are the following.

How can I prove that I spent the period from December 24 to January 5 in Spain, given that passports are not scanned at airport check-ins for flights between Schengen countries? Can I have issues with this?

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Retain proof of your flight to and from Spain

  • boarding card and ticket

which would show that you returned to Spain and again came back.

Do you have any reference indicating whether this is enough?

The Schengen Borders Code should also cover this scenario

  • which mainly refers to those who lack an entry/exit stamp

In this scenario, your are returning/leaving an area where you have a resident permit and where the 90/180 rule (short stay) does not apply.

Article 12
Presumption as regards fulfilment of conditions of duration of stay
...
2. The presumption referred to in paragraph 1 may be rebutted where the third-country national provides, by any means, credible evidence, such as transport tickets or proof of his or her presence outside the territory of the Member States, that he or she has respected the conditions relating to the duration of a short stay.

In this context outside the territory of the Member States means

  • where you have a resident permit and the 90/180 rule (short stay) does not apply.

Sources:

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