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Asking for a friend because we really can't find answer to this despite searching a lot.

He came here at the beginning of October, let's say 10.10, from Asia (90 days allowed). Applied for a work permit end of October, got a positive decision beginning of January, until end of March.

Is it okay to stay after the work permit ends, again 90 days, or is it an overstay?

Going to leave in one week anyway but just want to know the real answer because of being worried, some places say is okay and some not.

The main thing making us confused is, does waiting for a work permit inside Finland consume tourist days or not (applied in Finland so can wait unlimited time for the decision in Finland)?

Samz
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2 Answers2

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Is it okay to stay after the work permit ends, again 90 days, or is it an overstay?

It's not an either / or situation, it's also entirely possible that he would be allowed to stay or reenter the Schengen area for a few days but not for 90 days. You can just use the usual calculators, ignoring the days spent under a valid permit.

The main thing making us confused is, does waiting for a work permit inside Finland consume tourist visa days or not (applied in Finland so can wait unlimited time for the decision in Finland)?

It's kind of moot as there is no way to prove that to other Schengen countries. I do not know about Finland but I know other countries will backdate the residence permit to the date of application, which neatly handles this issue. What matters to you right now is what the permit states.

If you add this info to the question somewhat might run the numbers but the important thing to understand is that you don't really need to figure out what the rules around residence permit applications are as they have no impact on the broader Schengen area.

To the extent that Finland wants this period not to be counted towards the Schengen maximum stay, they would do that by making sure it is covered by the permit your friend got (or providing him with another similar document). If they haven't, it means that this period counts. That is the only information that matters.

Relaxed
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The main thing making us confused is, does waiting for a work permit inside Finland consume tourist days or not

This question is not relevant in this case because your friend is allowed 90 days every 180 days. The 90 days from January to March don't count towards that. Even if the days prior to that would count, they will be over 180 days in the past, and also won't count.
E.g. by June, when his 90 days are due, his stay in December will be over 180 days ago and won't count. Therefore, he is clear to stay for 90 days following March.

Be aware that in order to stay another 90 days as a tourist he might need to exit the Schengen area and come back again. You can find more details here: https://travel.stackexchange.com/a/79146/138206

André
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