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90/180 Visa Rule in Schengen area and work permit

Hi there

I am currently live in Malta holding work permit since 2019. Before gaining the work permit, I had stayed in Malta and other Schengen country for totally almost 90 days with tourist visa.

Now I need to visit Italy to renew passport, but I realised since I live in Malta, one of Schengen countries, this 90/180 rule won't be applied meaning that 180 days might have not reset and I have got only few days left.

The last time I stayed in Schengen country with tourist visa was more than 1 year ago. Would you have any idea about if this 90 rolling day has reset or not in my case?

Tx in advance

Posted by
437 posts

Which country is your passport from? If you have been living and working in Malta since 2019 we assume your work visa is still good? I could be wrong but I think with a work visa you can visit other Schengen countries with no time limits.

Posted by
4 posts

@tdw

Hi, thank you for your reply :)

I am Japanese and hold Japanese passport.

Yeah I thought so. However, I heard that unless I go out from Schengen countries, the 90/180 days won't reset, even the last time to stay in Schengen country was more than 1 year ago.
And since I got work permit in Malta, I have never been out of Malta.
That' why I was not sure and need your advice on with which visa I will stay in other Schengen countries, like Italy, in case I hold work permit issued in Malta.

I wish it would clarify my question.
Thank you again in advance.

Posted by
21197 posts

First off this is a web site that caters primarily to US and Canadian citizens who travel primarily to Europe. These are not visa experts. Since visa questions can be very technical and the consequences very serious if violated you need to be talking with your embassy. The Schengen zone rules often discussed here are between the US and the Schengen zone. Have no idea if the same agreements exist between the Schengen zone and Japan. I would not rely on any response here as to what your situation is or will be.

Posted by
7474 posts

Given Malta and Italy are Schengen members, why would there be any passport check traveling between the two countries?

As for 'overstaying', that seems to be an issue that would arise when exiting the Schengen Zone.

A question that comes to mind is once OP has a renewed passport, will he need a new work visa, so that the visa and passport are consistent? Homework assignment for OP.

Perhaps your employer is familiar with the process and requirements, as it seemingly has staff on long term assignment to foreign countries. Contact your HR dept.?

As mentioned previously, asking 'tourists' for this kind of advice is not without peril.

Posted by
198 posts

By "work permit" do you mean an EU blue card? That's what I formerly had before I retired and with that I experienced no limits on travel within the EU as long as that card (and its renewal) was valid. I don't think any limits exist for travel within the EU for someone with that status.

Once it expired after my retirement, I switched to another residence card and have updated it periodically since then.

I wouldn't worry about any Schengen treaty requirements as long as you're working within the framework of an EU blue card. If you're not, then I would suggest you contact an attorney or advisor on immigration matters for more personalized help.

Posted by
252 posts

Off topic a little, but as a Malta resident, would you consider writing a little 'user's guide' with recommendations for a short visit and posting it in the trip reports section? We're scouring other sources, but there's no Malta section on this website. Since we're planning to go as soon as we can (as a 2-3 day side trip from Sicily), your comments would be most appreciated. Thanks.

Posted by
111 posts

Hi Wanderlust58,
I've been thinking about writing a trip report for Malta and seeing your request has made me realize I should do it soon. I'm one quarter Maltese and although I've only visited Malta twice (May 2016 + May 2019 after our first visit to Sicily), I'm happy to share my experiences. In the meantime, try typing Malta into the search bar - I've replied to several inquiries and you might find those threads helpful. I especially recommend the Brandt Guide for Malta & Gozo by Juliet Rix. The Lonely Planet Guide is good too.
Cheers,
Carolyn