Do transit count as a day under short visit in Schengen for people with a resident permit in a Schengen country?

Do transit count as a day under short visit in Schengen for people with a resident permit in a Schengen country? - People walking in busy modern city

Let's assume I have a resident permit from the Schengen country A and plans to visit Schengen country B via a transit in Schengen country C. If I leave country A today and spend the over-night in country C in transit and arrive in country B tomorrow, will today count as a day spent in Schengen area under short-visits? Similarly, if I return from B to A via a transit in C, what is the situation?

According to the answer given here (see under 'Alternatives to short visits '), both these days does not count since I'll be from/to to the country of my resident. But I cannot find any official document to support this. Does anyone know where I can get official information? (Unfortunately, the person who posted the answer is not active on SE anymore. Therefore I decided to post this as a new questions)



Best Answer

The general case for the 90/180 rule (people from outside the EU who enter the Schengen Area for short stays) is that any day you are in the Schengen Area, even for a single minute, counts as a full day. There is no notion of transit which would change the calculation. As long as you are in the Schengen Area, it counts (and that's what the answer you linked to says: a "point" in that answer is a day outside the Schengen Area, so during transit since you are in Schengen, you don't get a point "outside Schengen", but rather a day inside Schengen).

So in your case, the question is not so much whether the transit counts or not (it definitely counts), but whether a day which is spent partially in the country which delivered the D visa and partially in another Schengen Area country counts for the 90/180 rule.

The Schengen Borders Code is not very explicit on this topic. It just states in Article 6 point 2:

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.

So obviously the time you are in country A does not count. But what about the partial day you are in country C?

I would personally err on the side of caution and count any day or part of a day spent outside country A towards the 90/180 rule.




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What counts as a day in Schengen?

The 180 days are counted backwards from your latest entry or exit date. This means it's counted from the first day you entered (if you have not left yet) or the final day you visited the Schengen Area (the date of exit).

Can I travel to other Schengen countries with residence permit?

A long stay visa or a residence permit issued by a Schengen State allows you to travel or stay in other Schengen States, while respecting the maximum duration of a \u201cshort stay\u201d (a stay of "90 days in any 180 day period").

Can you transit through 2 Schengen countries?

Changing planes two times within the Schengen Area for onward travel outside Schengen: short-stay visa. If you are transiting through two different Schengen airports for onward travel to a country outside Schengen and the first transit airport is in the Netherlands, you need to apply for a short-stay Schengen visa.

Do I need a transit visa for a connecting flight in Europe?

A transit visa is a travel document allowing you to pass through another country until you reach your destination. For example, if you are traveling from India to the US, but you need to stop in the Schengen Zone to continue your flight for the US, you require a transit visa for the Schengen Area.



THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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