Can I stay an extra 90 days in Austria after my Visa-D?

This question has been asked in a number of groups and a number of people have eluded to it; so we thought we would try and get official confirmation. This may be useful for those awaiting their residence permit or to allow those family members to stay that little bit longer.

Question

Can I stay an extra 90 days in Austria (Schengen) if I entered Austria (Schengen) on a Visa-D (long stay Visa) and I’m from a country that has a 90-day Visa-free allowance for Schengen?

Answer

YES! The advice from Your Europe Advice is that you can stay an extra 90 days AFTER the end date of your Visa-D and you do not need to exit Schengen to do so. This is on the assumption that you did not use any of your Visa free allowance prior to the end date of the Visa.

The rule is defined in Article 6(2) of the Schengen Border Code Regulation 2016/399 which states the following:

“Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.”

If queried by an immigration official, you can refer them to the article above.

Note 1: You must apply for the Visa-D at the nearest Austrian Consulate where you are usually resident BEFORE entry and it cannot be extended in Austria.

Note 2: This only applies to those who can enter Schengen Visa free for 90 days in 180-day period.

Useful Links

• Schengen Border Code Regulation

• Europa Who Must Apply for Schengen Visa

• Europa Visa Policy and Interactive Map

• BMEIA Visas Guide

• Schengen Days Calculator

• Read the actual answer from Your Europe Advice here on the British in Austria website

• Also see the Visas, Residence Permits and Citizenship section of our FAQs