90 days with a residence permit: Is a combination of visa and visa-free stay possible?

In our daily consulting practice, we repeatedly encounter the same question from clients from so-called "best-friend countries" such as the USA , Canada , Great Britain , or Australia . Many of them have entered Germany visa-free, obtained or already used a national visa, and subsequently wonder how long they are legally allowed to remain in Germany. A particularly frequent concern is the risk of overstaying .

The typical scenario looks like this: A person enters Germany visa-free, applies for or uses a national visa , and after its expiry realizes they would actually like to spend more time in Germany. The crucial question then becomes: Can the 90 days of visa-free stay and the time spent with a visa be added together , or do they exclude each other?

Visa and visa-free stays are not mutually exclusive.

The legal answer is refreshingly clear in most cases: Yes, a national residence permit or a national visa can be combined with the 90-day visa-free stay. This legal consequence is not a generous discretionary decision by the authorities, but rather arises directly from European law. The relevant standard is found in the Schengen Borders Code, specifically in Article 6, paragraph 2 of Regulation (EU) 2016/399 . This article regulates how the duration of a stay in the Schengen Area is to be calculated. The crucial point is the clause stating that lawful stays based on a residence permit or a national visa for longer stays are not taken into account when calculating the 90 days . In practice, this means that the days you spent in Germany with a national visa or a residence permit do not count towards your 90-day visa-free stay. These periods are legally separate.

Can I stay in Germany for another 90 days after my visa expires?

For many clients, this point is crucial. If the national visa has expired, a further legal stay in Germany may be possible – provided the 90-day visa-free period has not yet been exhausted. Those who, for example, entered Germany visa-free for only a few days before the visa was issued, or even entered directly with the visa, generally still have the full visa-free period available.

This is particularly important when there is a question of whether someone has overstayed their visa . An overstay occurs when someone remains in Germany longer than permitted without a legal basis. Anyone who stays in Germany after the expiry of a national visa and within the remaining 90 days of visa-free entry is generally still acting legally .

Caution regarding employment after the title expires

As welcome as this legal situation is for the stay itself, a clear restriction is important: With the expiry of the national visa or residence permit, the right to work also generally ends . During the visa-free 90 days, employment is generally not permitted, unless there is an exceptional case of activity that does not require a permit (e.g., a business trip ).

A different rule applies only if an extension application was submitted in a timely manner, thereby triggering the so-called legal fiction of continued validity . In this case, Section 81 of the Residence Act may stipulate that certain rights – potentially including the work permit – remain temporarily valid. Without such an application, however, it should be assumed that any gainful employment is prohibited after the permit expires.

Conclusion from a legal perspective

The combination of a national visa or residence permit and visa-free stay is legally permissible and by no means unusual in practice. For nationals of the "best friend" countries, this often opens up valuable timeframes, for example for travel, preparing for departure, or clarifying further residency-related matters.

At the same time, this also highlights the importance of a clear legal classification. Especially regarding employment or the threat of overstaying, even small errors can have significant consequences. Seeking legal advice early on helps to avoid legal risks and ensures a legally secure stay in Germany.