Visiting another Schengen country while under procedural stay

[Jennyinbc]

Hi all!

I’m currently in Denmark as a tourist from a visa-free country on the 90 day in 180 rule. We just got married and plan to take a Christmas holiday in my country, then come back to Denmark. At this point I will have just 6 days left on my Schengen allowance. We plan to apply for family reunification immediately when I get back in January, so I know I will have procedural stay in Denmark and the 6 days won’t be a problem.

The question is, if I want to visit another Schengen country (specifically Germany, where my mother-in-law lives), do I need to consider how many days I have left on my Schengen allowance as if the time I spend in Denmark doesn’t count? Or does my time in Denmark count and I won’t be able to visit another Schengen country at all?

I am aware that I will need a re-entry permit to do this, I’m more wondering about the days allowed in Schengen at this point.

Thanks!

[mhg]

Yes, you do need to count the days you spent of your visa. The visa is given for a certain period of time - from xx.yy.23 to aa.bb.24 - and if your visit to Germany would be later than aa.bb.24 your visa will have expired, and you would enter Germany illegally.

Re-entry permit is given for return to your country of hitherto residence and back to Denmark only. Not all other Schengen-countries give such permits. The other Schengen-countries will not consider your application for residence in Denmark as equal to a visa.

[Jennyinbc]

Yes, you do need to count the days you spent of your visa. The visa is given for a certain period of time - from xx.yy.23 to aa.bb.24 - and if your visit to Germany would be later than aa.bb.24 your visa will have expired, and you would enter Germany illegally.

Re-entry permit is given for return to your country of hitherto residence and back to Denmark only. Not all other Schengen-countries give such permits. The other Schengen-countries will not consider your application for residence in Denmark as equal to a visa.

Thanks mhg. My visa isn't given for a certain period of time and doesn't technically 'expire' because I'm visiting Schengen from a visa-free country. I just have to count my 90 days in the previous 180. So if I wait until I have some days available in the previous 180, I should be able to visit Germany as a normal Schengen visa-free tourist, the same way I have been visiting Denmark up until now. Is that correct? And then come back to Denmark with my re-entry permit?

[mhg]

Sorry, yes, you do not have a visa stamped in you passport, but the principle is the same for how you have to count.

I am a bit confused about what it is you want to do? Do you mean go to Germany within your 90 days and travel from there to your home country, then from there to DK on a re-entry permit? You will need a quite specific plan for your trip.

You can check the rules for re-entry permit here:
https://www.nyidanmark.dk/en-GB/Situati ... y%20permit

[Jennyinbc]

Sorry, yes, you do not have a visa stamped in you passport, but the principle is the same for how you have to count.

I am a bit confused about what it is you want to do? Do you mean go to Germany within your 90 days and travel from there to your home country, then from there to DK on a re-entry permit? You will need a quite specific plan for your trip.

You can check the rules for re-entry permit here:
https://www.nyidanmark.dk/en-GB/Situati ... y%20permit

Hi mhg,

Sorry for any confusion.

I just want to go visit my mother-in-law in Germany while I am on procedural stay in Denmark. It would likely only be 2-3 days max at a time, but possibly multiple times. I guess my question was about how/if the time in Denmark counts towards my allowed time in Schengen. It can't, completely, because it'll likely be much longer than the 90 days Schengen allowance I get. But does it factor in at all?

Thanks for your replies.
Jenny

[mhg]

Yes, your time in Denmark counts as Schengen days, and you will only be able to go to Germany within the 90 days. For Germany and the other Schengen countries it is not relevant that you have an application for a Danish residence permit under consideration.

Further, that you want to drop in on your future mother-in-law will probably not be seen as a 'special need' that count as grounds for issuing a re-entry permit.

"Normally, you will only get a re-entry permit in the case of special needs, or in the case of a residence outside of Denmark that has a duration of a shorter period."