I'm from the UK and entered Germany on September 6th 2022, and got a residency permit on the 20th of November 2022. My visa expires on the 31st of May, and I am wondering if I go back to the UK after my visa expires, will I be able to re-enter Germany again right away (June 1st or 2nd) or will I have to wait 180 days?
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Is your residence permit currently valid?– phoogMar 13 at 18:31
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3With 'My visa' do you really mean 'My residence permit'?– Mark JohnsonMar 13 at 19:17
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1Does this answer your question? How to switch from Resident visa to Tourist visa status in the Schengen area?– TravellerApr 13 at 7:16
1 Answer
I'm going to assume your residence permit is currently valid. In this case, you do not need a visa and your presence in Germany is not limited to 90 days in any 180-day period.
If you do not have a valid visa or residence permit and your 90/180 limit is fully exhausted then you must remain outside the Schengen area for 90 days (not 180) to reset it fully. (You may be able to return sooner for a shorter stay than 90 days depending on your recent travel history.)
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2I think the OP is mixing up the terminology and really asking what happens when the residence permit expires on the 31st of May. This is where The Border Guard handbook (page 42 of PDF) comment comes into play: National rules or practices which lay down that a third-country national must as a general rule leave its territory after termination of a long-stay (covered by a residence permit or national visa) before being allowed to start a subsequent short-term stay on that territory are not compatible with Schengen rules. Mar 13 at 19:12
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1If that is the case, the OP could then stay in the Schengen Area 90 days starting on the 1st of June. Mar 13 at 19:19