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I am an Australian citizen / passport holder on a German Residence Permit that expires on 15 August 2024.

I first entered Germany on 13 February 2024 and applied for a Residence Permit for the purposes of studying German. I was able to submit all the required documents for the formal application in late March 2024.

I received this Residence Permit recently and on it has the official start date of my Residence Permit listed as 2 April 2024.

I am aware that it would be advisable to leave Germany no later than 15 August 2024.

However, I would appreciate any guidance and expertise to help me understand whether I can continue staying and visiting other Schengen countries for 90 days on an Australian passport after leaving Germany on 15 August 2024?

In addition, if I were to go to a non-Schengen country first, like Turkey, for 2 weeks and then return to a Schengen country (e.g. Portugal) on 30 August, when would the official 90 days / 180 days rule commence?

If it helps and for further context, the only other occasion that I was in Schengen was from 17 July 2023 to 13 October 2023.

Your help would be greatly appreciated.

Thank you!

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    Does this answer your question? How to switch from Resident visa to Tourist visa status in the Schengen area?
    – Traveller
    Commented May 7 at 22:43
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    @SaranshSharma, do not post about being permitted to stay unless you can proof what you write. Visa rules are complicated and doing things wrong can make for big problems in the future.
    – Willeke ♦
    Commented May 8 at 12:03
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    @Traveller This is possibly based on the incorrect interpretation of §59 Deportation warning - AufenthG (1) Notice of intention to deport a foreigner (deportation warning) is to be given specifying a reasonable period of between seven and 30 days for voluntary departure.
    – Mark Johnson
    Commented May 8 at 12:12
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    @SaranshSharma Considering you don't cite any laws at all, your complaint about others not doing so is not credible. In Germany (the relevant country for this question), based on the cited law, there is no grace period for the permitted time you are allowed with a residence permit. There is only a 7-30 days deportation warning. Each EU country will have it's own laws since the EU has no competence in this area.
    – Mark Johnson
    Commented May 8 at 15:25
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    I have deleted the likely wrong interpretation of the rules to avoid problems for OP in the future.
    – Willeke ♦
    Commented May 8 at 17:18

2 Answers 2

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Suppose that you stay in Europe and travel around a bit. I can understand that you want to do that. I would do the same in your place. You travel around a bit, and eventually you fly back from Barcelona the 27th of September. You present yourself at exit passport control with your passport. Here is what happens.

The officer looks at your passport. He sees an entry stamp for 13 of February. He also sees a German visa good for the period from 2 April to 15 August. (If he misses that, you point it out to him). He then applies the rule. And that is that you are allowed to be 90 days in the Schengen area in the last 180 days, and that days on a residence permit do not count.

180 days before 27 september is 31 March (if I calculated this correctly). So you used up 4 days before the start of your permit. Since 15 August you used up another 45. That makes 49 in total. You are good to go. You get your exit stamp. Travel home. See you again in Europe some time.

Since the calculations use a sliding window, you could in theory stay up to 90 days after 15 August. No problem.

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whether I can continue staying and visiting other Schengen countries for 90 days on an Australian passport after leaving Germany on 15 August 2024?

Yes, the 90 day period starts the day after the residence permit ends.

See this answer that goes into the details:

for 2 weeks and then return to a Schengen country (e.g. Portugal) on 30 August, when would the official 90 days / 180 days rule commence?

The full calendar days outside of the Schengen area do not count. The day of exit and (re)entry do count, so it would commence on the day of reentry.

If it helps and for further context, the only other occasion that I was in Schengen was from 17 July 2023 to 13 October 2023.

Those dates are no longer relevant.

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    Its actually not needed to leave the area (or even Germany) as the rule is simple: For the purpose of calculating wether you are compliant with the 90/180 rule days spend on a residence permit are not counted.
    – Krist van Besien
    Commented May 8 at 6:14

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