The Commission confirms its reply of 16 December 2014 on the same issue (E-007775/2014[1]). Consecutive stays beyond 90 days in a Member State (such as a continuous stay without interruption right after the expiry of a long‐term residence permit) are not regulated by the Schengen acquis.

According to Article 5(1a) of the Schengen Borders Code[2], the 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 short-stay on the territory of the Schengen Member States (when assessing the compliance with the 90 days in any 180-day rule provided by the EU/Schengen acquis). This provision thus allows visa-free third-country nationals (such as US citizens) legally to remain in the Schengen area and visit other Schengen Member States than the one that issued the residence permit; they can start ‘consuming’ their 90 days visa-free-‘tourist’-stay without leaving and re-entering the Schengen area.

However, this provision does not allow for a continuous, uninterrupted stay in the Member State that issued the residence permit. As already stated, that would require a successful application for the prolongation/extension of stay from the Member State that issued the permit, which is obviously to be arranged before the expiry of the permit. Finally, it is to be noted that the EU/Schengen acquis does not prevent Member States prolonging the stay (extending the validity of the permit) for less than 90 days. The overall duration of stay matters, when, as is obviously the case in the example discussed here, this is more than 90 days, national law applies.

• [1] http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2014-007775&language=EN
• [2] Regulation (EC) No 562/2006 of 15.3.2006 establishing a Community Code on the rules governing the movement of persons across borders, OJ L 105 of 13.4.2006, p.1 as modified by Regulation (EU) No 610/2013 of 26.6.2013 (OL L 182 of 29.6.2013, p.1).