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Does anybody know why sometimes they border police stamp the passport while leaving the Schengen and sometimes not? My friend left a schengen country yesterday with the same country temporary resident permit and they did not stamp the passport. He asked and they said that since you have rp you do not need to stamp the passport. My another friend left the schengen with the same country temporary resident permit but from another country. The police stamped the passport? Is it how it works? How about entering? same?

I know with visa they stamped the passport but with rp I do not know the rules.

DavidRecallsMonica
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Ahmad Turani
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  • Strictly speaking, the stamping of the passport is presently required to enforce the 90/180 day rule. For short term visitors this is a must. Theoretically this rule also applies to residence permit holders when outside of the country that issues the residence permit. But since no stamp is given inside the Schengen Area when leaving/entering the country that issues the residence permit, this can't be checked. Since it really serves no purpose, some countries don't do it at the external borders but others still strickly follows the rules. – Mark Johnson May 23 '22 at 15:29
  • @phoog The referenced accepted answer does not answer the question why, but only who. The OP is asking for the reason why, which cannot be officialy answered. – Mark Johnson May 23 '22 at 15:42
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    actually no I meant is it ok that someone has not any stamp and no problem while turning back? – Ahmad Turani May 23 '22 at 15:46
  • If someone a national of third-party country (say India), has for example Italy temporary resident permit, can he stay in his own country more than 90 days in 180 days? or this rule is just for another shengen country? – Ahmad Turani May 23 '22 at 15:47
  • @AhmadTurani no problem when turning back to where? Returning to the Schengen country of residence after a temporary trip abroad, or returning to the country of citizenship at the conclusion of the residence in the Schengen area? – phoog May 23 '22 at 18:20

1 Answers1

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Does anybody know why sometimes they border police stamp the passport while leaving the schengen and sometimes not?

Because some countries have decided that adding such a stamp serves no useful purpose, but others have decided instead to comply with the provision of the Schengen Borders Code that calls for such passports to be stamped.

The main purpose of the stamps is to record when the passport's bearer entered and left the Schengen area, which is primarily useful to determine whether the person has exceeded the 90/180 rule. But the 90/180 rule doesn't apply to people with residence permits in the country of residence, and there's no tracking when they travel between that country and other Schengen countries, so what's the point of stamping?

In a comment, you ask

If someone a national of third-party country (say India), has for example Italy temporary resident permit, can he stay in his own country more than 90 days in 180 days?

An Indian citizen can spend an indefinite amount of time in India. It's true that a residence permit can become invalid if the bearer is away from the country of residence for a certain amount of time, and passport stamps could be used to establish when someone was outside the Schengen area and therefore away from the country of residence, but other evidence would also be taken into account, so passport stamps are not particularly critical in that regard.

phoog
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  • @phoong Thank you for details. I know say indian person with temporary resident permit card of Italy cannot stay more than 90 days in any 180 days in another schengen country but do you know about his own country. Does it depend on the schengen country where he has temporary rp or there is no limitation for staying outside of schengen? This is also important question. Finally, are you sure that if they do not stamp the passport they do not know when a person leaves shengen?!I thought anyhow they pass the passport from a machine reader and it automatically registers the leaving time. – Ahmad Turani May 24 '22 at 05:45
  • If not registered then there would be no rule for staying in outside of schengen and turn back! – Ahmad Turani May 24 '22 at 05:49
  • Also, I do not understand about other evidences you discussed. But say if you talk about address for example as an evidence to check, when someone leaves say italy with italian temporary rp and turns back say from germany they do not ask any question in German border and this person comes to Italy without any problem. It seems that with rp at all you dont have any specific problem – Ahmad Turani May 24 '22 at 05:50
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    @AhmadTurani residence permits are governed by national law, so the conditions under which they become invalid vary by country. There is no single database of Schengen entries and exits. They're implementing one, but residence permit holders are explicitly excluded. – phoog May 24 '22 at 05:57
  • @ phoong Again thanks really. But if there is not exit stamp how they know how long this person left the country he has rp? I think they somehow registered when leaving schengen. Maybe not! – Ahmad Turani May 24 '22 at 06:00
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    @AhmadTurani they just don't systematically track whether someone has left Schengen. Thus, it is possible to stay away from the country of residence without the relevant authorities necessarily knowing, so one can stay away for so long that the residence permit should be withdrawn without it actually being withdrawn. I suppose the costs of tracking residents' movements are seen not to be justified by the benefits. Many countries, for example, require municipal registration and base taxation on this, so departing residents are motivated to deregister. – phoog May 24 '22 at 06:45