Help with Student Visa (Residence Permit in the EU) and Schengen Visa

Upvote:1

Yes you can. In fact you don't even need to re-enter the Schengen region

While studying in France, many of my friends (US citizens) were allowed to arrive earlier and stay later than their allowed limit (as per their Student Visa) and were not required to exit the country or the Schengen region at all.

Me as an Indian citizen was not allowed to do the same and was asked to leave the Schengen Area once my Student visa was expired. I confirmed both situations in great detail with the French Consulate in US and they assured me that I would have been eligible to stay longer provided I was a US citizen.

The Student Visa will not apply towards the 90/180 rule and the cycle will start afresh.

Upvote:4

Yes, you can do that or, as Aditya Somani, explained simply stay in the Netherlands.

If you enter Italy after December 1st, you won't receive a visa but simply make use of the 90-day visa-free stay granted to US citizens. This is possible because the time spent under a long stay visa do not count towards the 90-day limit. If it did, it would not be possible to enter the Netherlands either.

The official source for this rule is article 5 of the Schengen Borders Code:

  1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

[…]

1a. For the purposes of implementing paragraph 1, the date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. 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.

(b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, except where they hold a valid residence permit or a valid long-stay visa;

The second paragraph explains the visa types that are applicable under this rule.

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