Thank you Angel999 for your response! It confirms what we are assuming the legal situation is.
The Czech republic confirms your and our point of view:
https://mzv.gov.cz/jnp/en/information_f ... index.html
As a family member of an EU citizen, you can temporarily stay (for up to 90 days) in the Czech Republic without a visa, if one of the following applies to you:
2. You are a family member of the EU citizen, your Schengen visa has expired, you are staying in the Czech Republic with the EU citizen and this stay does not exceed three months.
Unfortunately no other country writes it so clear about the Schengen visa expiring.
But my question was meant slightly differently (Sorry, I was unclear):
Do we need any documentation about how and where we stayed when exiting? Imagine it's mid 2025 or so and us arriving at Röszke (Hungary) showing the passport to the border guard and the most recent stamp is the entry stamp from July 2024 or so and the last visa expired also in 2024. Are they going to demand any proof of our stays (besides the passport and marriage certificate thing - it's from Denmark btw and should be good in the EU)? Is it enough to have an Excel sheet printed out with where we were on what date? Or do we need to show tickets that we actually travelled between the countries? Or do we need to show a bank statement or a booking of the accomodation we stayed at? Are they going to call the accomodations to find out if we actually stayed there? Or a bank statement with spendings at those times in those countries? Or don't they care at all as long as it's clear that we didn't overstay the 90 days in a row in the country that we're about to leave (Hungary)?
To clarify the situation: My husband doesn't have a residency for over 2 years now. He left Russia for good and we assume it is unsafe to step on Russian soil for him. So for 2 years he's a "permanent tourist" and is changing countries every few weeks/months according to his Schengen visa and the visa free stay policies of countries like Turkey, Serbia, Bosnia, Montenegro, Albania etc. This is why it is a major issue to get any new visa because you have to apply for those in your country of residence otherwise the embacies don't feel generally responsible and I would like to avoid this step. As mentioned we are in the process of getting a residency in Germany but it takes long. Since he doesn't have a home in Russia (or anywhere else beside the home with me in Germany) to go back we have to somehow to bridge this waiting time.
