1

Does anybody know why sometimes they border police stamp the passport while leaving the Schengen and sometimes not? My friend left a schengen country yesterday with the same country temporary resident permit and they did not stamp the passport. He asked and they said that since you have rp you do not need to stamp the passport. My another friend left the schengen with the same country temporary resident permit but from another country. The police stamped the passport? Is it how it works? How about entering? same?

I know with visa they stamped the passport but with rp I do not know the rules.

Improve this question
6
  • 1
    Also see Stamping of non-EU passports with residence permit
    – phoog
    May 23, 2022 at 14:53
  • Strictly speaking, the stamping of the passport is presently required to enforce the 90/180 day rule. For short term visitors this is a must. Theoretically this rule also applies to residence permit holders when outside of the country that issues the residence permit. But since no stamp is given inside the Schengen Area when leaving/entering the country that issues the residence permit, this can't be checked. Since it really serves no purpose, some countries don't do it at the external borders but others still strickly follows the rules.
    – Mark Johnson
    May 23, 2022 at 15:29
  • @phoog The referenced accepted answer does not answer the question why, but only who. The OP is asking for the reason why, which cannot be officialy answered.
    – Mark Johnson
    May 23, 2022 at 15:42
  • 1
    actually no I meant is it ok that someone has not any stamp and no problem while turning back?
    – Ahmad Turani
    May 23, 2022 at 15:46
  • If someone a national of third-party country (say India), has for example Italy temporary resident permit, can he stay in his own country more than 90 days in 180 days? or this rule is just for another shengen country?
    – Ahmad Turani
    May 23, 2022 at 15:47

1 Answer 1

Reset to default
3

Does anybody know why sometimes they border police stamp the passport while leaving the schengen and sometimes not?

Because some countries have decided that adding such a stamp serves no useful purpose, but others have decided instead to comply with the provision of the Schengen Borders Code that calls for such passports to be stamped.

The main purpose of the stamps is to record when the passport's bearer entered and left the Schengen area, which is primarily useful to determine whether the person has exceeded the 90/180 rule. But the 90/180 rule doesn't apply to people with residence permits in the country of residence, and there's no tracking when they travel between that country and other Schengen countries, so what's the point of stamping?

In a comment, you ask

If someone a national of third-party country (say India), has for example Italy temporary resident permit, can he stay in his own country more than 90 days in 180 days?

An Indian citizen can spend an indefinite amount of time in India. It's true that a residence permit can become invalid if the bearer is away from the country of residence for a certain amount of time, and passport stamps could be used to establish when someone was outside the Schengen area and therefore away from the country of residence, but other evidence would also be taken into account, so passport stamps are not particularly critical in that regard.

Improve this answer
6
  • @phoong Thank you for details. I know say indian person with temporary resident permit card of Italy cannot stay more than 90 days in any 180 days in another schengen country but do you know about his own country. Does it depend on the schengen country where he has temporary rp or there is no limitation for staying outside of schengen? This is also important question. Finally, are you sure that if they do not stamp the passport they do not know when a person leaves shengen?!I thought anyhow they pass the passport from a machine reader and it automatically registers the leaving time.
    – Ahmad Turani
    May 24, 2022 at 5:45
  • If not registered then there would be no rule for staying in outside of schengen and turn back!
    – Ahmad Turani
    May 24, 2022 at 5:49
  • Also, I do not understand about other evidences you discussed. But say if you talk about address for example as an evidence to check, when someone leaves say italy with italian temporary rp and turns back say from germany they do not ask any question in German border and this person comes to Italy without any problem. It seems that with rp at all you dont have any specific problem
    – Ahmad Turani
    May 24, 2022 at 5:50
  • 1
    @AhmadTurani residence permits are governed by national law, so the conditions under which they become invalid vary by country. There is no single database of Schengen entries and exits. They're implementing one, but residence permit holders are explicitly excluded.
    – phoog
    May 24, 2022 at 5:57
  • 1
    @AhmadTurani they just don't systematically track whether someone has left Schengen. Thus, it is possible to stay away from the country of residence without the relevant authorities necessarily knowing, so one can stay away for so long that the residence permit should be withdrawn without it actually being withdrawn. I suppose the costs of tracking residents' movements are seen not to be justified by the benefits. Many countries, for example, require municipal registration and base taxation on this, so departing residents are motivated to deregister.
    – phoog
    May 24, 2022 at 6:45

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .