3

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?

This rule is just for another Schengen country say France or all the countries included? I have 2 years student resident permit of Italy.

6
  • Why do you think a Schengen rule would have effect on or control over the length of a stay outside the Schengen area? May 23 at 16:59
  • not thinking but asking. So I can live outside of Schengen for 1 year without any problem May 23 at 17:57
  • 2
    @AhmadTurani That's actually a different question. It's possible it would be a problem but not because of the rules on stays in other Schengen countries.
    – Relaxed
    May 23 at 18:21
  • 2
    @DavidSupportsMonica Presumably the OP is concerned about losing the benefit of the Italian permit. It's quite common to have rules invaliding a permit based on the length of stay abroad. Surely, the OP knows that he may stay in India as long as he wants as far as the Indian government is concerned. The question is not exactly whether that's allowed but what the consequences might be.
    – Relaxed
    May 23 at 18:22
  • 1
    @Relaxed I agree. I thought of that, but it wasn't what the OP asked. I commented in hopes of stimulating them to refine the query. May 23 at 18:26

1 Answer 1

6

This rule is just about giving you an additional right that you did not have before, namely staying in other Schengen countries than Italy. It doesn't restrict your right to be anywhere.

It doesn't even restrict your right to be in France for any amount of time, if you somehow qualify for it in another way (say being the spouse of an EU citizen residing in France). It just means that this Italian visa doesn't give you the right to be in France indefinitely.

Italy may have rules that invalidate your residence permit if you stay out of the country for too long. It might also be necessary to show that you haven't interrupted your studies and are making progress. I have no idea whether that's the case in Italy or what the specifics might be but that's completely unrelated to the 90/180 period and I am not aware of any European state using that particular threshold for this purpose.

5
  • @ Relaxed Thanks. Actually the question is about the spouse of student. For sure for the students the issue is different even from the university side. But for the spouse this is a question that whether she might lose her card (2 years valid) if she stays say 6 months outside of schengen? May 24 at 5:32
  • @AhmadTurani Forget Schengen, this is about Italy. Schengen, 90/180 maximum stays, etc. are red herrings with no bearing on that question. I would recommend asking specifically about that, on expatriates.stackexchange.com
    – Relaxed
    May 24 at 6:40
  • Also unclear in your comments is whether both spouses are staying abroad. If the student is also staying abroad, I don't know why any expiration rule wouldn't apply to them. If they are not, their spouse could be able to apply for a fresh permit.
    – Relaxed
    May 24 at 6:42
  • I am student inside schengen country my wife has temporary rp as a companion (rp given as a spouse to me). I think she can be in our country of origin for unlimited time and turn back (of course before the expiration of rp). As faras I investigated no limitation for being in any country outside of schengen. May 25 at 6:55
  • @AhmadTurani Why do you think you may lose your residence permit? Were did you read about that? And what makes you think these rules would not apply to your spouse? Again, the 180/90 days rule you alluded to has absolutely nothing to do with it and does not imply in itself that you may not stay in another Schengen country for longer than 90 days or risk losing your residence permit if you do so. I am not familiar with Italian law but you really need to ask about that separetely if you want to get some clarity.
    – Relaxed
    May 27 at 15:27

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.