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Please could anybody clarify visa free travel? I was issued a work permit by Sweden as I was employed as a singer on a Swedish cruise line for 90 days, I returned to the uk on the 90th day and want to go on holiday to France within the 180 days for 1 week. Am I free to travel?

I have a work permit as proof and Swedish employment contract for the 90 days I worked. I don’t have a visa, only a work permit as far as my paperwork is concerned because my contract was for 90 days exactly, therefore I believe my employer didn’t require a visa.

I only have a stamp on my passport for the 1st day of travel from uk to Sweden, then again 90 days later from Sweden to uk…the cruise was from Sweden to Finland and the passport was not required or stamped each time I docked.

This is the paragraph that the employer in Sweden sent to my agent..

A work permit in Sweden does not use up your visa free days (90 days). Your time in the country on a work permit are classed as separate

Mark Johnson
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Sarah WT
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    Did the cruise remain in Sweden? If yes, and the entry/exit stamps are from Sweden, then your count is 0. Even if the cruise left Sweden, but the stamps are from Sweden, nobody can prove you were outside Sweden. – Mark Johnson Feb 05 '23 at 12:49
  • Were you issued a C category visa or a D category visa by Sweden? If D, then time in Sweden doesn't towarrds 90/180, if C (or you used visa free entry), it will count towards 90/180. That will decide whether you can or not. As you you were only there for 90 days, it is safe to believe you were not issued a residence permit in Sweden. – Thomas Cruise Feb 05 '23 at 17:01
  • @ThomasCruise Since a work permit is based on national law, the corresponding visa will be a Type D (National Visa) and can be issued for any duration up to 1 year. It can be less that 3 months if the country deems it appropriate. – Mark Johnson Feb 05 '23 at 17:17
  • I don’t have a visa, only a work permit as far as my paperwork is concerned because my contract was for 90 days exactly, therefore I believe my employer didn’t require a visa. I only have a stamp on my passport for the 1st day of travel from uk to Sweden, then again 90 days later from Sweden to uk…the cruise was from Sweden to Finland and the passport was not required or stamped each time I docked – Sarah WT Feb 05 '23 at 18:26
  • This is the paragraph that the employer in Sweden sent to my agent.. “A work permit in Sweden does not use up your visa free days (90 days). Your time in the country on a work permit are classed as separate” – Sarah WT Feb 05 '23 at 18:34
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    Have your agent give you a verified copy of your contract/work permit/statement to show the border guards that you were in Sweden under national law. The problem is that they (presently) use the entries in the passport to determine the amount of spent days in the Schengen Area. Without a visa, they have no way of knowing that you were in Sweden under national law. With this proof, your day count will be zero. – Mark Johnson Feb 05 '23 at 22:39
  • Please add your last 2 comments into the original question. – Mark Johnson Feb 05 '23 at 23:09
  • @MarkJohnson yes I have the contract and work permit for the 90 days employed to show to the border guards, does this count as proof for border control when I travel to France to allow my day count to be zero? – Sarah WT Feb 05 '23 at 23:36
  • Yes, the Schengen Border Code, Article 12, forsees that credible evidence may be submitted when there are doubts. The border guards probably will know how Sweden deals with such situations. – Mark Johnson Feb 05 '23 at 23:45
  • @MarkJohnson Nothing forbids a member state to grant short-stay visitors the ability to work, in which case the ordinary 90/180 limit applies. Only a document that authorizes entries or stays into the territory counts as a residence permit. A Swedish seasonal work permit <90 days (if that was what OP had) does not authorize entry or stay in Sweden. – xngtng Feb 06 '23 at 00:23
  • @xngtng..that has confused me again? Are you implying that I won’t be able to travel to France? My work permit was for exactly 90 days and I worked as a performer on a cruise ship on a contract issued by a Swedish employer – Sarah WT Feb 06 '23 at 00:52
  • Don't worry, with the work permit your 3 month stay was authorised under Swedish law and thus the 90 day rule does not apply. Work permits for perfor­mers - Migrationsverket: If you have a permit for less than three months, you must present the decision together with your passport when you travel to Sweden. – Mark Johnson Feb 06 '23 at 02:25
  • @xngtng The Swedish work permit falls within: Schengen Border Code Article 2 (16) ‘residence permit’ means: ... (b) all other documents issued by a Member State to third-country nationals authorising a stay on its territory ..., thus the 90 day rule does not apply. – Mark Johnson Feb 06 '23 at 02:34
  • I have voted to reopen this question, since the situation is different to the reference question. The Swedish work permit is not entered in the passport and therefore may cause a problem on reentry. A summary of the comments as an answer has been prepared. @Traveller,djr,xngtng,mdewey,DavidSupportsMonica – Mark Johnson Feb 06 '23 at 03:27
  • @MarkJohnson Yes, it is a work permit and not residence permit..this is my confusion..where will I view the reopened question? – Sarah WT Feb 06 '23 at 09:56
  • @SarahWT The question will remain here. I assume the work permit is a paper document? That is what you should present to the border guards in France, since is equivalent to a residence permit for that period. – Mark Johnson Feb 06 '23 at 10:21
  • @MarkJohnson..thank you, you have been super helpful, yes a paper work permit, I’ll take my contract of employment too.I’ve honestly spent 3 days on the telephone trying to get any clarity on this from different places – Sarah WT Feb 06 '23 at 11:05
  • @MarkJohnson " ... that have been the subject of a notification and subsequent publication in accordance with Article 39." A simple paper work permit is not included in the Annex 2 as notified by the member states https://www.sem.admin.ch/dam/sem/en/data/rechtsgrundlagen/weisungen/visa/vhb/vhb1-anh02-e.pdf.download.pdf/vhb1-anh02-e.pdf I think there is a strong likelihood that France won't care about the distinction and allows OP in, but technically the Schengen clocks still run even if the stay is legal in Sweden and a (over)zealous border officer could pose a problem. – xngtng Feb 06 '23 at 19:28
  • @MarkJohnson..just to let you know, got in no questions asked! – Sarah WT Feb 12 '23 at 20:39

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