Question
Can anyone confirm that the Schengen 90/180 day rule for tourists and 90/180 day period for residents are tracked differently? In other words, when you become a resident under a Spanish digital nomad visa, do you start a new 90 day count for travel within the Schengen Area as soon as your residency is formally approved, regardless if you have previously exhausted your 90 tourist visa days, as your status as a resident now provides you with this allowance?
Practical Application: once you have residency, the days you previously spent as a tourist do not count against the 90 days you’re allowed to travel to other Schengen countries as a resident. This is because your legal basis for being in the Schengen Area has shifted from short-stay (tourist) to long-stay (resident), which redefines your mobility rights.
Answers
These are the answers of Spainguru’s Facebook group members:
“Your residency applies to the country in which you obtain it. Travel in other Schengen countries is still counted as 90/180 not including any time spent in your country of residence. From a practical standpoint, without border controls there is virtually no enforcement.”
“When European countries decide to establish ‘temporary border controls’ such as France in August for the Olympics, if one flies from Spain to Paris during this time, is it an all-out Schengen entry style passport scan into the system and full review (including looking for potential overstay days) or just a simple glance at the passport to make sure you’re not from a high-risk country?”
Conclusion
The 90/180 day rule for tourists and residents within the Schengen Area operates differently. Once you become a resident, your previous tourist days do not count against your 90 days of travel to other Schengen countries as a resident.
However, travel in other Schengen countries is still subject to the 90/180 rule, excluding time spent in your country of residence.Enforcement of these rules varies and is often minimal due to the lack of border controls, but during events like the Olympics, more stringent checks may apply.
