I am in a Schengen country, and I arrived via another Schengen country. I used up most of my time before arriving and this was NOT a Schengen country when I came. It became a Schengen country after I arrived. I then applied for a residency permit to stay so it would stop counting down the clock and I would not overstay in Schengen under the 90/180 rule.
In the country I am in, which is now a Schengen member state, I have a residency permit in progress, but not issued. According to the police in this country, as well as immigration, as long as an application is in progress, even if it takes months or a year, then the law of this country states that I can stay here legally as long as the application is in progress.
Here is my problem. According to the 90/180 rule in the Schengen Code,
"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."
But I do not have either a residency permit nor a visa. Instead, I have legal residency under a special law for this country that allows me to stay while an application is in progress.
I want to visit another country but do not want to overstay Schengen. Even though there are no border controls, I am not willing to risk it. Instead, I need to know the law.
Did my Schengen time stop counting the moment I was allowed to stay legally under the law in this country that allows me to stay while application is in progress even though my residency is not approved yet?
Or will I have to wait for the residency application to be approved first and then wait 90 days? Which would mean I would have to wait like 6 months to re-enter Schengen instead of only 90 days like the normal rule. Hopefully the former?
Maybe this country's specific law that gives me legal residence while application is in progress actually can be considered as a sort of residence permit for Schengen purposes?