Does it matter if I don't have recent Schengen stamps in my passport an EU residency permit holder?

Question

I have a slightly strange situation. I am a non-EU citizen, and a resident of Milan. I am currently in Spain doing an internship as a visiting PhD student, and it is supposed to end around mid July.

Since I am a non-EU citizen, I went in February to get a Spanish type-D visa, so I can enter Spain and do research activities. I was granted a multiple-entry visa for 6 months. It ends in August 2018.

I had at that time the permesso di soggiorno, and it is valid until June 20. I also visited Milan in April and I applied for a renewal and I have with me now the ricevuta (a receipt that confirms you are waiting for the renewal of your permit of stay). I am able to stay in Spain beyond June 20 since I have the visa.

Every time I entered Spain recently, my passport was not stamped, since I was coming from Italy to Spain.

On July 1, I am traveling to Romania to attend a conference for 5 days. With my multiple-entry long-term Schengen visa, it seems that I can enter Romania (on that date I will only use my visa and I will not use my permit of stay since it will be expired).

But I never had my passport stamped when entering Spain previously, and now it should be stamped when leaving Spain to Romania, and as well when leaving Romania and coming back to Spain.

Is this an issue that I am leaving from Spain and my passport was not stamped on entry in Spain? Will I be asked about this? And in case I was asked, should I explain that I had a valid Italian permit of stay and that I entered Spain through Italy and that is why it was never stamped?

Answer 1

As a holder of a Type-D visa from a Schengen member state you do not need a visa to enter and stay in Romania for 90 days out of a 180 day period:

Holders of Schengen visas with two or multiple entries, national visas or residence permits issued by Schengen Member States. Starting July 11, 2014, in keeping with the provisions of Decision No 565/2014/EU, Romania acknowledges as being equivalent to its own national visas, for transit and for stays up to 90 days per period of 180 days the following:

• The two or multiple entry short-stay visa issued by a Schengen member state;
• The limited territorial validity visa issued by a Schengen member state;
• The short-stay visa issued by Bulgaria, Cyprus or Croatia;
• The long-stay visa issued by a Schengen member state;
• The long-stay visa issued by Bulgaria, Cyprus or Croatia;
• The residence permit issued by a Schengen member state;
• The residence permit issued by Bulgaria, Cyprus or Croatia
• The long-term resident's EC residence permit (the validity of which is of 5 years or more) issued by a member state of the European Union.

Since the process by which Romania will join the Schengen Area is currently being delayed, you will encounter a border with passport control upon landing in Romania. You will have to show the immigration officer all the documentation supporting your case. This includes:

• your passport
• your current residence permit,
• the expired Italian residency permit
• the receipt confirming that you have applied for a new Italian permit

Do not stress, be truthful, and you will be fine.

Answer 2

Is this an issue that I am leaving from Spain and my passport was not stamped on entry in Spain?

No. Schengen stamps record entry and exit from the Schengen area. The fact that your entry into the Schengen area was through a different country is of no consequence. You could have a stamp from Germany and that would be fine (if you had flown in on a German airline, for example) or Poland (if you had entered by land).

Will I be asked about this?

Probably not, because the country of entry is of no consequence. It is more likely (although the probability is still low) that a border officer would ask why your entry stamp shows a date before the beginning of your visa's period of validity.

And in case I was asked, should I explain that I had a valid Italian permit of stay and that I entered Spain through Italy and that is why it was never stamped?

Yes. The fact that your stamp was from any particular country is of no consequence, but as noted above the timing of the stamp may raise suspicion. If it does, you should say what you have told us about the permesso di soggiorno.