Schengen area rule

Hi my name is Richie and I am an Australian citizen carrying an Australian passport.

So I have been in Germany for almost 3 months now. I know that there is a bilateral agreement between Germany and Australia, and also Denmark and Australia regarding visa free permit (tourist). Where an Australian can stay in Germany for up to 3 months and travel outside the Schengen area or to Denmark ( eg. Australians can stay up to 90 days even if they have been to other Schengen areas) and my 90 days restarts again when I get back to Germany.

My question is does my stays in Germany count towards the 90days within 180days rule? within the other Schengen areas Austria, Belgium, the Czech Republic,Estonia, Finland, France,Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland or does it only start counting if I leave Germany or Denmark? Due to the bilateral agreements with Australia.

Kind Regards,
Richie

I think the rule is clear: You can stay up to 90 days out of any 180 days period INSIDE THE SCHENGEN AREA. There are no national exemptions from this, as far as I know.

Thanks mate. But just found more information.

Cheers,
Richie.

[link moderated]

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Thanks for the replies.
So this is the other information I found from https://australien.diplo.de

The German-Australian Agreement on the Exemption of Visa Requirements, dated 22.12.1952

Australian citizens are allowed to travel to Germany and to stay in Germany for up to 90 days without having to apply for a visa, as long as their passport is valid for the entire duration  of the stay and as long as they do not engage in any kind of employment in Germany.

According to this agreement the duration of one stay in Germany must not exceed 90 days but the number of entries to Germany is not limited. In order to re-enter Germany for another 90 days, visitors have to depart Germany for any other non-Schengen country and can come back even the same day. Since visitors need to be able to document the period of time they have been spending in Germany, we recommend to enter and to depart via a German airport in order to obtain an official entry and departure stamp in their passport.

Please be aware that this special regulation applies only for your stays in Germany. It will not authorise you to stay more than 90 days in any 180-day period in the other Schengen countries, unless they also have a similar bilateral Agreement.

Also found this on www.waytoadventure.com

AUSTRALIAN PASSPORT HOLDERS
Australia has bilateral visa waiver agreements with the following states:
Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Luxembourg, Netherlands, Norway, and Sweden.

These agreements allow Australian citizens to spend up to 90 days in EACH state, without reference to time spent in other Schengen states. However, if you visit a Schengen state not included on the above list, the “90 days in a 180 day period for the Schengen area as a whole” rule applies.

It certainly appears you can go to Denmark for 90 days despite being in Schengen for 90 days. Your second link took me to a blog and I wasn't sure that was accurate info so I actually looked at the Danish Embassy in Australia and the info on that official page took me to the ministry of foreign affairs in Denmark which then took me to some other page called New To Denmark which showed official information that said exactly what that travel blog said. That's interesting. I would always be safe then sorry and I would call the Danish Embassy to get their official word on it but from what I read it looks like you can stay there for 90 days on top of 90 days in Schengen. I would get official word both from Germany and Denmark because Denmark might be okay with having you stay there for 90 days does not mean Germany will let you back in after the 180 days.

@rcbalbanera hi Richie, I am

also an Aussie wondering the same thing. If I use my 90/180 Schengen days and then use the bilateral waiver agreement to stay in Germany during my second 90 days then will that interfere with the reset of my 90/180

counter? Did you ever get a clear answer on your question?

Hello slaktravels,


Welcome to expat.com!


The member rcbalbanera has been inactive for quite some time now.


Nonetheless, I hope that other members will be able to help you soon.


Cheers,


Yoginee

Expat.com team

I think some of the previous posters were wrong or found misleading information.

You can only stay in the Schengen area (which includes Germany and Denmark) for max. 90 days, out of any 180 days period.

There can be no reset, because there are no border controls and your trip would not be recorded anywhere.

@slaktravels hey mate, check this out. It has worked and it is legal. Just as long as you keep receipts and proof.So this is the other information I found from https://australien.diplo.deThe German-Australian Agreement on the Exemption of Visa Requirements, dated 22.12.1952Australian citizens are allowed to travel to Germany and to stay in Germany for up to 90 days without having to apply for a visa, as long as their passport is valid for the entire duration  of the stay and as long as they do not engage in any kind of employment in Germany.According to this agreement the duration of one stay in Germany must not exceed 90 days but the number of entries to Germany is not limited. In order to re-enter Germany for another 90 days, visitors have to depart Germany for any other non-Schengen country and can come back even the same day. Since visitors need to be able to document the period of time they have been spending in Germany, we recommend to enter and to depart via a German airport in order to obtain an official entry and departure stamp in their passport.Please be aware that this special regulation applies only for your stays in Germany. It will not authorise you to stay more than 90 days in any 180-day period in the other Schengen countries, unless they also have a similar bilateral Agreement.Also found this on www.waytoadventure.comAUSTRALIAN PASSPORT HOLDERSAustralia has bilateral visa waiver agreements with the following states:Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Luxembourg, Netherlands, Norway, and Sweden.These agreements allow Australian citizens to spend up to 90 days in EACH state, without reference to time spent in other Schengen states. However, if you visit a Schengen state not included on the above list, the “90 days in a 180 day period for the Schengen area as a whole” rule applies.

@rcbalbanera Interesting! So this is an exemption applying only to Australians and, as a leftover from pre-Schengen times, still valid although incompatible with Schengen rules. This shows (again) that German immigration rules are very complex and you cannot depend on informal advice from a forum like this (or anywhere else on the Internet). Always consult authoritative sources!

@rcbalbanera Interesting! So this is an exemption applying only to Australians and, as a leftover from pre-Schengen times, still valid although incompatible with Schengen rules. This shows (again) that German immigration rules are very complex and you cannot depend on informal advice from a forum like this (or anywhere else on the Internet). Always consult authoritative sources!
-@beppi



No, Australians are NOT the only ones who can benefit from pre-Schengen agreements.


@beppi, is there any reason you keep posting on topics you don't understand?


@Yoginee, here is another example