4

I'm a student on my university year abroad. I was in Germany, where I got a residence permit valid until 31st March 2024, but I got that issued on the 10th January. I had to complete the second part of my year abroad in Spain, so when I left Germany on 10th February to go to the UK, I assumed I had to wait 90 days to re-enter Spain.

However I didn't realise that the German Residence Permit could help here. My question is, if my residence permit is valid until 31st March in Germany, what does my 90/180-day period legally need to look like to complete my year abroad? BTW, I'm only going to Spain for less than 90 days.

Improve this question
7
  • When did you enter Germany (before 2024-01-10)? What is your citizenship? The days between 2024-01-10 and 2024-02-10 in Germany do not count. The days outside of the Schengen area (UK) do not count. The days before 2024-01-10, depending on if your citizenship allows an application inside Germany, may or may not count and when you made the initial application.
    – Mark Johnson
    Commented Apr 6 at 7:39
  • Are you asking how many of the 90 days are left to use in Spain?
    – Mark Johnson
    Commented Apr 6 at 7:45
  • @MarkJohnson I entered on the 4th October - 13 December with a week at the end of October spent in the UK. I then returned to Germany in January and got my residence permit 4 days after on January 10th. The schengen calculator that I used said that If i re entered the Schengen area (in my case spain) on 17th March I would have until the 7th June free. Is this changed by my residence permit in germany expiring at all?
    – Ddadoodle
    Commented Apr 6 at 7:48
  • 1
    To understand the rules, it may help to simply ditch the notion of a period that “resets” (it used to work that way and the rules were changed explicitly to avoid this), it's more of a sliding period looking back from the day of entry (and every day after that). If you want to work it out manually, the residence permit complicates things a bit but its expiration doesn't change anything to the maximum stay, it's just that the days spent in Germany while the permit was valid should not count to the total of days already spent in the Schengen area in the last 180 days.
    – Relaxed
    Commented Apr 6 at 9:45
  • 1
    Days spent in Germany before or after the permit was valid do count. Days spent elsewhere in the Schengen area while the permit was valid are a bit of a grey area but in practice, they are unlikely to be counted. If you enter the Schengen area in the coming months, you may be challenged regarding the maximum stay so it's important to keep your German residence permit even if it has expired. AFAIK, there is still no other obvious dependable ways for border guards across the area to know that you had one.
    – Relaxed
    Commented Apr 6 at 9:48

1 Answer 1

Reset to default
2

The schengen calculator that I used said that If i re entered the Schengen area (in my case spain) on 17th March I would have until the 7th June free.

This looks correct. The time spent inside Germany with a residence permit does not count for the 90 days rule.

As an UK citizen, you may apply for a residence from inside Germany. The day you made the initial application (not when in was granted) is what counts.

Is this changed by my residence permit in germany expiring [2024-03-31] at all?

No, since the German residence permit allows you only to reside in Germany.

So your time between 2024-03-17 to 2024-03-31 in Spain will count as part of the 90 days allowed. (I assume this is what you are asking)

Improve this answer
0

You must log in to answer this question.

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