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Question about 90/180 day rule for US citizens in Europe

Travel Forums Europe Question about 90/180 day rule for US citizens in Europe

1. Posted by b1acksun (Budding Member 3 posts) 5y

Hello folks, let me explain my situation.

I have been residing within Netherlands with a valid residential permit (student) for the past several years. As stated in the subject, I am also an American citizen. Now my question is this:

My residence permit will soon expire in couple of months. Does my stay within the Schengen area during the period of holding a residential permit count towards the 90/180 day rule? I have a wedding to attend soon after my permit expires and other obligations that will probably see me returning within couple of weeks after my permit expires. I have tried asking this at the IND (Dutch immigration) but either I am not getting the right person or I am just not getting through with them.

I hope someone can answer this question on here for me. I am afraid I am going to be banned from re-entering Europe for several months after my permit has expired. This can't be the case, I would hope.

2. Posted by t_maia (Travel Guru 3289 posts) 5y

. Does my stay within the Schengen area during the period of holding a residential permit count towards the 90/180 day rule?

Yes and no. Gist is in your situation that you need to leave immediately after your residency permit has expired, no dawdling around and no coming back for at least 90 days.

I have a wedding to attend soon after my permit expires and other obligations that will probably see me returning within couple of weeks after my permit expires.

Do not under any circumstances let your residency permit expire while you are out of the country!!! You are asking for serious trouble. Get them to renew and extend your residency permit now, before you leave for the wedding. Make sure you have a valid residency permit when you return.

3. Posted by b1acksun (Budding Member 3 posts) 5y

Hello, t_maia. Thanks for your response.

However, I got some conflicting information today from the Dutch embassy in Washington. The latter half of the email is what of interest to me.

This is what they had to say to my email query:

If you are in the Netherlands on a residence permit you are required to leave the Netherlands before the permit expires or you need to apply for an extension.
If you do not leave you are overstaying which could lead to a fien once you depart and the notice you cannot return for a x-amoutn of time.
You are not allowed to remain in the Netherlands for an additional 30 days even holding a US passport unless you have requested an extension of stay from IND.


Once you leave the Netherlands (Schengen area) you will be allowed to return for a visit of less then 90 day.
The period in which you reside in the Netherlands on your residence permit does not count towards the 90 day per 180 day period.

Do you think I should get a second opinion from an official within the Netherlands or should I be fine trusting the consulate?

[ Edit: Edited on 28-Jan-2011, at 01:44 by b1acksun ]

4. Posted by t_maia (Travel Guru 3289 posts) 5y

The problem is that the Schengen rules leave a few things unclear. A whole lot of it is up to interpretation. Even some immigration officials have problems grasping the fine points of it.

Are you only going to visit the Netherlands? And your expired residency permit is not a problem for you, because you plan to be a tourist only?

Take the response with you and go visit the wedding and all. Try to put as much time as possible between leaving the Netherlands and coming back for the wedding.

If I was you I would try for an extension, but if this is not possible a visa-free entry as a tourist in combination with the above response should work for a short visit to the Netherlands.

Make sure you have proof that you left though (copies of flighttickets and a stamped passport).

5. Posted by b1acksun (Budding Member 3 posts) 5y

Yea, I think I will apply for an extension, as well.

I don't plan on being a tourist actually. I am working on my PhD and while my contract/permit will expire, I will probably have few things to wrap up. I was actually planning to keep my apartment, as well. Just wasn't sure if I should apply for an extension if I don't need to because the thing is like 300 euros.

Cheers!

6. Posted by t_maia (Travel Guru 3289 posts) 5y

well, if you intend to stay you must apply for an extension, no way around it.

Otherwise you'd need to go through the whole rigmarole of getting an immigrant/student visa again. IIRC the fee for that was much higher.