Similar questions have been asked, but my situation is a little different because I have a student visa that expires at the end of June. I wanted to travel in the Schengen area after this, and then come back to Poland to fly home in the middle of the July. Will I be allowed back in after my student visa expires with some kind of tourist visa/the 90 day rule?
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Will I be allowed back in after my student visa expires with some kind of tourist visa/the 90 day rule?
Allthough not yet in effect, the proposed changes to the Schengen Border Code Article 12 (3) (in Regulation - 2017/2225 - Entry/Exit System (EES)) will include the presumption that the allowed duration of a short stay starts after 'the expiry of a previous residence permit'.
So for 3rd country nationals that do not require a visa to enter the Schengen area, a short stay visit can start directly after a residence permit expires.
Unfortunately the introduction of the Entry/Exit System (EES) has been long delayed, so the change in the Border code has not yet come into effect.
In the past, some countries have required people to leave and reenter the Schengen area just to get the entry stamp. Others follow the Europa Commision's interpretation that the expiry date of the residence permit is sufficient to serve as an entry stamp replacement.
Poland also has special rules for US citizens, so from the Polish side there will be no problems.
Article 12 Presumption as regards fulfilment of conditions of duration of short stay
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3. The presumption referred to in paragraph 1 may be rebutted where the third-country national provides, by any means, credible evidence, such as transport tickets or proof of presence outside the territory of the Member States or of the date of expiry of a previous residence permit or long-stay visa, that he or she has respected the conditions relating to the duration of a short stay.
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