Schengen-Student Study Abroad-Student Visa Problems
Apr 30th, 2015, 04:12 PM
#1
Original Poster
Join Date: Apr 2015
Posts: 6
Likes: 0
Received 0 Likes
on
0 Posts
Schengen-Student Study Abroad-Student Visa Problems
Hello. There was an earlier post on this subject at http://www.fodors.com/community/euro...omment-9183462. These comments were from 2012 predominantly.
Well the issue is still very relevant today!
My son is currently in Amsterdam (today) after finishing a study abroad semester in Spain that ended April 23. He went to London and then to Dublin and Edinburgh. He was detained in Amsterdam and told he has only four days (now three) to remain a legal traveler. We are all perplexed why they told him this.
His student visa is issued by Spanish Consulate (Miami) from Jan 7, 2015 with an expiry date of May 11. Its duration is 110 days. He left the Schengen country of Spain to go to London and UK (Non-Schengen). He got the stamp on his passport that Alec talked about (early in the other post) at both Valencia Spain and Amsterdam airports as he left and entered. Nothing special at London Gatwick. It is the knowledge of the FSU International Program (college study program) and the Spanish Consulate in Miami (that initiated the visa) that If my son exited a Schengen country (Spain) went to a Non-Schengen country (London) and back to a Schengen country (Amsterdam) that the 90-day visitation time he is allowed would kick in up re-entry to the Schengen country.
So Amsterdam is recognizing the whole school semester as his 90-days and sees him as overstaying his allowed time. They apparently gave him four days to make preparations to leave. His fight is not booked for US until 5/28. His last destinations are Brussels, Berlin, Munich, Athens, Santorini Island, London, Paris, London, US. He flies to US from London on 5/28.
Does he try to get some extension through Immigration Dept in Amsterdam? What about other stops In either Brussels or Berlin say? Does he need to go back to UK prior to 5/11? Or by 11/3 (Day 4) It seems he has done everything correctly.
Thank you for any replies!!
Well the issue is still very relevant today!
My son is currently in Amsterdam (today) after finishing a study abroad semester in Spain that ended April 23. He went to London and then to Dublin and Edinburgh. He was detained in Amsterdam and told he has only four days (now three) to remain a legal traveler. We are all perplexed why they told him this.
His student visa is issued by Spanish Consulate (Miami) from Jan 7, 2015 with an expiry date of May 11. Its duration is 110 days. He left the Schengen country of Spain to go to London and UK (Non-Schengen). He got the stamp on his passport that Alec talked about (early in the other post) at both Valencia Spain and Amsterdam airports as he left and entered. Nothing special at London Gatwick. It is the knowledge of the FSU International Program (college study program) and the Spanish Consulate in Miami (that initiated the visa) that If my son exited a Schengen country (Spain) went to a Non-Schengen country (London) and back to a Schengen country (Amsterdam) that the 90-day visitation time he is allowed would kick in up re-entry to the Schengen country.
So Amsterdam is recognizing the whole school semester as his 90-days and sees him as overstaying his allowed time. They apparently gave him four days to make preparations to leave. His fight is not booked for US until 5/28. His last destinations are Brussels, Berlin, Munich, Athens, Santorini Island, London, Paris, London, US. He flies to US from London on 5/28.
Does he try to get some extension through Immigration Dept in Amsterdam? What about other stops In either Brussels or Berlin say? Does he need to go back to UK prior to 5/11? Or by 11/3 (Day 4) It seems he has done everything correctly.
Thank you for any replies!!
Apr 30th, 2015, 06:30 PM
#2
Join Date: Nov 2006
Posts: 8,030
Likes: 0
Received 0 Likes
on
0 Posts
No answer. Where they aware of his Spanish student visa? When my son studied in Spain 15 years ago, he had a 180 day student visa that had to be renewed after the first 90 day. Renew may not be the correct word, the visa was good for 180 days but had to be validated for the second 90 days by visiting a local police station at the end of the first 90 days. He traveled for about a month afterwards but always carry the visa with him. I doubt if anyone here will have an answer for him since this appears to be very technical. Good luck.
Apr 30th, 2015, 07:35 PM
#3
Join Date: Mar 2003
Posts: 8,827
Likes: 0
Received 0 Likes
on
0 Posts
What was relevant 15 years ago is relevant today. Times have changed and the 180 day visa went by the roadside.
Apparently your son broke the rules by traveling to the UK on his Schengen student visa. The standard Schengen visa is only good for 90 days within 180 days. So it looks like he may have to change his flight and return to home a little earlier then planned. If he doesn't, he may be deported instead and would have a hard time ever traveling to Europe again, or anywhere else for that matter.
Apparently your son broke the rules by traveling to the UK on his Schengen student visa. The standard Schengen visa is only good for 90 days within 180 days. So it looks like he may have to change his flight and return to home a little earlier then planned. If he doesn't, he may be deported instead and would have a hard time ever traveling to Europe again, or anywhere else for that matter.
Apr 30th, 2015, 07:53 PM
#4
Original Poster
Join Date: Apr 2015
Posts: 6
Likes: 0
Received 0 Likes
on
0 Posts
I agree 15 years ago, I'm afraid is not relevant.
Robert 2533, he did not have a schengen visa per se. It was a Spanish student visa that was good 110 days or until 5/11 whichever is correct. He was instructed to go to a non-Schengen country so that when he entered the next schengen country it would reset or start his 90 day tourist travel. That was the instruction from the Spanish consulate. How can this stand?
Robert 2533, he did not have a schengen visa per se. It was a Spanish student visa that was good 110 days or until 5/11 whichever is correct. He was instructed to go to a non-Schengen country so that when he entered the next schengen country it would reset or start his 90 day tourist travel. That was the instruction from the Spanish consulate. How can this stand?
Apr 30th, 2015, 07:58 PM
#5
Join Date: Mar 2003
Posts: 8,827
Likes: 0
Received 0 Likes
on
0 Posts
It would appear you received the wrong information from someone. This stuff happens. I would check with the American Embassy to see what they have to say. He'll have to make an appointment, so it may be better for him to do so in London, not Amsterdam.
Apr 30th, 2015, 11:03 PM
#7
The American embassy has absolutely nothing to do with any of this.
Hopefully Alec or one of the other fodorites who actually knows a lot about visa issues will see your thread. But no matter, if the Dutch authorities say he has to leave he has to leave.
(No one is guaranteed 90 days in Schengen, or 6 months in the UK. Those are just the maximums allowed)
Hopefully Alec or one of the other fodorites who actually knows a lot about visa issues will see your thread. But no matter, if the Dutch authorities say he has to leave he has to leave.
(No one is guaranteed 90 days in Schengen, or 6 months in the UK. Those are just the maximums allowed)
May 1st, 2015, 03:15 AM
#8
Join Date: Jan 2003
Posts: 4,416
Likes: 0
Received 0 Likes
on
0 Posts
Well, it was re-entering Schengen on the still-valid Type D Spanish visa that was the problem. If he were to re-enter Schengen after 11th May, it would have been ok.
Dutch border agent couldn't give him 90-in-180 day Schengen leave while his Spanish visa was still valid (you can't have two visas active at the same time). Leaving Spain for UK didn't cancel his visa, as it's multi-entry. So he should have stayed in UK till 11th and then flown to AMS, and all would have been fine. So they are quite correct in insisting he has to leave Schengen on or before 11th. What your son can do is to leave Schengen for a non-Schengen country like UK, and re-enter Schengen after 11th, and he will be stamped, good for 90-in-180 days. I'd try this somewhere other than the Netherlands.
BTW, it simply confirms my impression that the Dutch, together with Germans and the Swiss, are sticklers for rules and enforce immigration regulations to the letter. Also UK often refuse entry to those who have violated Schengen rules, on the premise that someone who flouts another territory's immigration rules can't be trusted not to do the same in UK.
Dutch border agent couldn't give him 90-in-180 day Schengen leave while his Spanish visa was still valid (you can't have two visas active at the same time). Leaving Spain for UK didn't cancel his visa, as it's multi-entry. So he should have stayed in UK till 11th and then flown to AMS, and all would have been fine. So they are quite correct in insisting he has to leave Schengen on or before 11th. What your son can do is to leave Schengen for a non-Schengen country like UK, and re-enter Schengen after 11th, and he will be stamped, good for 90-in-180 days. I'd try this somewhere other than the Netherlands.
BTW, it simply confirms my impression that the Dutch, together with Germans and the Swiss, are sticklers for rules and enforce immigration regulations to the letter. Also UK often refuse entry to those who have violated Schengen rules, on the premise that someone who flouts another territory's immigration rules can't be trusted not to do the same in UK.
May 1st, 2015, 03:17 AM
#9
Original Poster
Join Date: Apr 2015
Posts: 6
Likes: 0
Received 0 Likes
on
0 Posts
So happy to share some good news! Our son did make it to the Dutch Immigration office and they acknowledged a mistake. Apparently the officials at the airport did not see that his visa was a Class D visa. These are less common and they thought he had been traveling since January and not a student. They also gave him a letter that explained he was detained at airport and had visited the immigration office and then signed and stamped it. This official also acknowledged our son has the 90 days to travel now.
We are thrilled and our son is back on his itinerary.
Extra notes...the US Consulate did email timely that they could not help with Netherlands Immigration and to go directly to that office. Also, the Schengen countries do share information among themselves. The Dutch immigration office was nice and very helpful and had walk-in hours; we learned that not all in Netherlands have walk-in hours, but Amsterdam did.
Wow.
We are thrilled and our son is back on his itinerary.
Extra notes...the US Consulate did email timely that they could not help with Netherlands Immigration and to go directly to that office. Also, the Schengen countries do share information among themselves. The Dutch immigration office was nice and very helpful and had walk-in hours; we learned that not all in Netherlands have walk-in hours, but Amsterdam did.
Wow.
May 1st, 2015, 06:12 AM
#13
Join Date: Oct 2008
Posts: 2,556
Likes: 0
Received 0 Likes
on
0 Posts
ArtesmaPhotog--
I am so very happy for your son and for you--particularly because he really had done everything right.
It is also fortuitous that you were dealing with Amsterdam, even if that is where the problem arose, and not just because of the hours. We were so pleasantly surprised while there that a) the average Amsterdam resident understands idiomatic American English (!!!) and b) there is a solid "let's see if we can work this out" attitude, too.
Your son gets reinforcement that following rules plus persistence does pay off. Good for him!
Good parenting!
AZ
I am so very happy for your son and for you--particularly because he really had done everything right.
It is also fortuitous that you were dealing with Amsterdam, even if that is where the problem arose, and not just because of the hours. We were so pleasantly surprised while there that a) the average Amsterdam resident understands idiomatic American English (!!!) and b) there is a solid "let's see if we can work this out" attitude, too.
Your son gets reinforcement that following rules plus persistence does pay off. Good for him!
Good parenting!
AZ
May 1st, 2015, 09:47 AM
#14
Original Poster
Join Date: Apr 2015
Posts: 6
Likes: 0
Received 0 Likes
on
0 Posts
Alec I totally see what you mean and was confused by the dates on his student visa. Started on Jan 7, good 110 days but with expiration date of May 11. So by your statement, his student visa should have had a date of like 4/24, the day after class end. Now I don't know why 110 days does not mesh with May 11 but I guess this is common. Which one rules? I heard cases for both dates while researching.
To all...thank you for your thoughts and ideas,
To all...thank you for your thoughts and ideas,
May 1st, 2015, 10:54 AM
#15
I'm glad everything worked out, but in any case it is important in such cases (of staying more than 90 days in Schengen) to retain all proof of being in or out of the zone at various times (this can be train or plane tickets or hotel bills, since the passport will not always be stamped).
If you have a full set of printed rules for the visa, it is good to have a copy on hand, because not every immigration official is aware of every rule, and this is the sort of thing that will at least send the person to consult the supervisor.
If you have a full set of printed rules for the visa, it is good to have a copy on hand, because not every immigration official is aware of every rule, and this is the sort of thing that will at least send the person to consult the supervisor.
May 28th, 2015, 04:21 PM
#16
Join Date: May 2015
Posts: 1
Likes: 0
Received 0 Likes
on
0 Posts
Hi, most people have been asking about traveling after the end of their student study abroad visa expiration, using the 90-in-180 rule.. I have a similar question, but it involves traveling BEFORE the validity of my student visa.
Alec, I was hoping you could help as I've read many comments and you appear to be extremely helpful! My student visa for France is valid from September 1st-December 21st, and I am planning on backpacking/traveling around Europe/the Schengen area for the summer. We will fly into the UK on June 15th, enter Paris on the 19th, and I will remain in various Schengen countries until July 15th. From July 15th-August 25th, I will remain in France.
Here is my question: I know that traveling from June 15th-August 25th through various Schengen countries (but mostly France) counts as part of my 90-in-180 tourist stay. HOWEVER, what do I do about having a student visa that starts on September 1st? Can I just stay in France and my stay will be legal because I have a visa? On the French consulate website it warns that "a tourist visit of 90 days cannot be combined with a long-stay student visa." Should I go to the UK from August 25th-September 1st to show that I left the country? Or will I have to fly back to the states?
I'm freaking out, please advise!!
Alec, I was hoping you could help as I've read many comments and you appear to be extremely helpful! My student visa for France is valid from September 1st-December 21st, and I am planning on backpacking/traveling around Europe/the Schengen area for the summer. We will fly into the UK on June 15th, enter Paris on the 19th, and I will remain in various Schengen countries until July 15th. From July 15th-August 25th, I will remain in France.
Here is my question: I know that traveling from June 15th-August 25th through various Schengen countries (but mostly France) counts as part of my 90-in-180 tourist stay. HOWEVER, what do I do about having a student visa that starts on September 1st? Can I just stay in France and my stay will be legal because I have a visa? On the French consulate website it warns that "a tourist visit of 90 days cannot be combined with a long-stay student visa." Should I go to the UK from August 25th-September 1st to show that I left the country? Or will I have to fly back to the states?
I'm freaking out, please advise!!
May 28th, 2015, 06:53 PM
#17
Join Date: Apr 2006
Posts: 9,656
Likes: 0
Received 0 Likes
on
0 Posts
I am no expert, but when my daughter studied abroad she went first to England for the summer. She was advised to leave that country for a short while and then return before beginning her stay on her student visa. She left for France for a few days and returned without any difficulty.
She had made her Eurostar reservation (to go to France and back) before arriving in England at the beginning of the summer. She was quizzed about her plans at immigration and felt having proof of her plans helped.
She had made her Eurostar reservation (to go to France and back) before arriving in England at the beginning of the summer. She was quizzed about her plans at immigration and felt having proof of her plans helped.
Jun 1st, 2015, 07:20 AM
#18
Join Date: Mar 2006
Posts: 5,613
Likes: 0
Received 0 Likes
on
0 Posts
Sofi, Have you checked with the school? My daughter learned from King's College London, where she's studying starting September, that she must return to her home country to apply for student visa a certain number of weeks before start of classes. She had planned to remain in Europe, doing Workaway.
Jun 23rd, 2015, 06:59 AM
#19
Join Date: Jun 2015
Posts: 8
Likes: 0
Received 0 Likes
on
0 Posts
Hello everyone,
I need quick help. I start explaining my situation:
I am from USA and I am currently study in Vienna until 10 July (date when my visa D expires).
I have gotten a job in Madrid for the summer.
I cannot get a new Visa in Vienna because it is too late. What I am planning to do is to go to Madrid and travel from Madrid to UK on the 9 July and come back from UK to Madrid on 11 July.
Doing this, Would I get the 90 days of permission as a tourist? Would have any problems when I go back to USA
Thank so much. I would appreciate any help
I need quick help. I start explaining my situation:
I am from USA and I am currently study in Vienna until 10 July (date when my visa D expires).
I have gotten a job in Madrid for the summer.
I cannot get a new Visa in Vienna because it is too late. What I am planning to do is to go to Madrid and travel from Madrid to UK on the 9 July and come back from UK to Madrid on 11 July.
Doing this, Would I get the 90 days of permission as a tourist? Would have any problems when I go back to USA
Thank so much. I would appreciate any help
