Does "authorized stay" which is not a residency permit nor a visa, count toward the resetting of the 90/180 Schengen rule?

score:6

Accepted answer

It likely does count as days spent in the Schengen area for short-stay purposes (after the country joined Schengen). Your stay in the particular member state can nonetheless remain legal.

The definition of a residence permit is rather clear, and it excludes even explicit temporary permits pending examination of a first application:

Article 2

  1. ‘residence permit’ means:

(a) all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 ( 3 ) and residence cards issued in accordance with Directive 2004/38/EC;

(b) all other documents issued by a Member State to third-country nationals authorising a stay on its territory that have been the subject of a notification and subsequent publication in accordance with Article 39, with the exception of:

(i) temporary permits issued pending examination of a first application for a residence permit as referred to in point (a) or an application for asylum; and

(ii) visas issued by the Member States in the uniform format laid down by Council Regulation (EC) No 1683/95 ( 4 );

The list of residence permits communicated by each member state to all member states can be found on EU website: https://home-affairs.ec.europa.eu/list-residence-permits-issued-member-states_en.

More post

Search Posts

Related post