If one is a citizen of a Schengen entry visa-free country (e.g. Canada) and has a temporary residence permit from a Schengen country, and the Schengen visa-free days (90/180) have been used up on the Canadian passport, but have not been used up on the temporary residence permit, does this mean that one can travel in other Schengen countries outside the country which issued the temporary residence permit, 180 out of 180 days? In other words, can one "double up" on this rule or not?
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2The answer to the question you asked here travel.stackexchange.com/questions/169769/… seems to answer what can be done i this scenario, AFAICT– TravellerCommented Nov 19, 2021 at 17:42
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@MarkJohnson that's a good point. It deserves to be made in an answer rather than in a comment.– phoogCommented Nov 21, 2021 at 8:13
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2 Answers
In other words, can one "double up" on this rule or not?
No. There is only one justification: when outside the country that issued the residence permit the 90/180 rule applies.
Your passport and resident permit card are required for such trips.
The resident permit card explains the reason why you don't have an entry stamp that would otherwise be needed.
answered Nov 21, 2021 at 8:18
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1What's your basis for that answer? What 90/180 rule are you referring to? This interpretation is not at all obvious and that's exactly what the question is about.– RelaxedCommented Nov 21, 2021 at 16:08
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@Relaxed Since residence (migration and home affairs) is within the shared competence category, the primary decision is up to a member state which (and under which conditions) a 3rd country nationals may reside within their territory. The issued residence permit is only valid within that territory. It does permit short-term visits (Article 6(1): 'of a duration of no more than 90 days in any 180-day period') to other member states. Commented Nov 21, 2021 at 18:14
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1@Relaxed the question seems to assume that the passport and the residence permit separately entitle the bearer to 90 days of presence in a 180-day period in countries other than the one issuing the residence permit. In fact, the Schengen codes contemplate that a third-country national requires a passport whether in possession of a residence permit or not, so the residence permit does not in fact by itself entitle the (Annex II) bearer to anything outside of the issuing country.– phoogCommented Nov 21, 2021 at 20:21
The Schengen Borders code is not explicit on that. What it says is simply that
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.
It's not completely obvious (to me, at any rate) whether only the time in Sweden (which issued your temporary residence permit) counts as a “period of stay authorised under a residence permit” or if a visit to another Schengen member state is also covered. This clause was presumably written with people staying a year or more in a member state in mind and in that scenario the distinction is not that important.
In practice, movement within the Schengen area is not tracked and border guards have no reason to focus on people with residence rights in the EU. Consequently, showing a residence permit is usually enough to side step the issue and a few short stays over the limit are unlikely to cause problems. At the same time, if you're trying to be clever, live 9+ months in a country other than Sweden, and somewhow the local police finds out, you might find it difficult to force them to interpret the rule in a way that suits you.
