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Thanks for reporting back on this confusing issue. Glad it all worked out.
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With apologies to Sarastro, it's one thing to say that the law is that the visa doesn't count for the 90/180 rule and that the only requirement is to leave the country in question, it's quite another in practice to be classed as am overstayer and be banned from returning to the Schengen zone indefinitely by an overzealous emigration official . So I think that Annette's DD was very wise to go back to the UK to get her passport stamped so that there could be no chance of being classed as an overstayer.
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I just glad it was all sorted successfully, but you make a good point Ann. Leaving Schengen they will look for an entry stamp.
The 90/180 rule applies whist you have a valid visa for one country as well, and even for those, like my sons, legally resident in a Schengen land. Chances of getting caught crossing a land border are slim, though they do check trains regularly, but flying could give a problem. One reason son#2 took his family to the UK and Ireland this year, so he doesn't get problems with his job. A Brexit benefit I read today. Guy left his car with a meet and greet parking service while he went on holiday to Spain. Came back to a speeding charge. Thanks to the stamps in his passport he could prove he was out of the country at the time. I'm sure the Mogg will be quoting it before long, delighted to have finally found an actual benefit. |
Just read this thread (I am a lurker nowadays). The safest way to extend one's stay in a Schengen country (such as France) beyond the expiry of type D visa (like the student visa issued by a Schengen state) is to leave the Schengen area, and then re-enter, getting an exit and entry stamp in the process. This proves that the traveller has left France on the expiry of the visa and re-entered Schengen for 90-in-180 days. I suppose you can just leave France for another country within Schengen (such as Belgium, Spain etc) and then re-enter, but since there is no passport control and no stamping, it will then be up to you to demonstrate you have left France, by showing travel ticket, accommodation receipt etc, but it's not as good a proof as Schengen exit/entry stamps. What you cannot and shouldn't do is just to stay on in France, expecting your stay to automatically roll into 90-in-180 days Schengen stay. This will be regarded as overstay, and the usual penalty for third country national is a ban from Schengen area for 3 years.
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Nice to see you here Alec, don't be a stranger :).
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<<A Brexit benefit I read today. Guy left his car with a meet and greet parking service while he went on holiday to Spain. Came back to a speeding charge. Thanks to the stamps in his passport he could prove he was out of the country at the time. I'm sure the Mogg will be quoting it before long, delighted to have finally found an actual benefit.>>
Thanks for that, Hets. I'm sure that Mogg will be thrilled that someone has finally found a benefit to add to the three or four he already has. And that should lead to an interesting conversation with the meet and greet service too. |
2 Attachment(s)
I found this online which answers FAQ regarding staying in the Schengen area without a visa and it says that "It should be noted that periods of previous stay authorised under a residence permit or a long-stay visa are not taken into account in the calculation of the duration of visa-free stay. Residence permits and long-stay visas are subject to different rules and the above explanations and calculations do not apply to them."
Is there an update on what your daughter decided to do after her visa expired? I'm in a similar situation with my visa expiring at the end of September. |
MRom7 a few posts up from yours the OP says her daughter went home for a few days before returning.
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carte de sejour expiry
Reading through the thread it seems that this would apply to a residence permit as well (carte de sejour)and that for the expiry of a residence permit one cannot assume that you can stay an additional 90 days but rather the best course of action is to leave the country before expiry and renter after expiry and start the clock for the 90 days. Is there any place where this is formally written in terms of an official government website?
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Originally Posted by saint666
(Post 17419038)
Is there any place where this is formally written in terms of an official government website?
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I’m kinda in this situation but i’m a fresh grad with my student visa and waiting for my working visa to be issued. My student visa expires on the 1/1/2024. I am going to Lithuania from 30/12/2022 till 2/1/2024; a day after my student visa expires. Does this count as if i left France and my 90 day clock starts?My passport do allow the 90 day EU stay btw.
I kinda think it kinda seems like i overstayed in France since I came a day after my student visa expires. |
It depends on your nationality. If you have a nationality that does not require a visa in the Schengen area, there is no real problem because your student visa has nothing to do with finding yourself in the Schengen zone as a "tourist." But your work visa definitely needs to arrive within the next 90 days.
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Originally Posted by Alec
(Post 17393004)
Just read this thread (I am a lurker nowadays). The safest way to extend one's stay in a Schengen country (such as France) beyond the expiry of type D visa (like the student visa issued by a Schengen state) is to leave the Schengen area, and then re-enter, getting an exit and entry stamp in the process. This proves that the traveller has left France on the expiry of the visa and re-entered Schengen for 90-in-180 days. I suppose you can just leave France for another country within Schengen (such as Belgium, Spain etc) and then re-enter, but since there is no passport control and no stamping, it will then be up to you to demonstrate you have left France, by showing travel ticket, accommodation receipt etc, but it's not as good a proof as Schengen exit/entry stamps. What you cannot and shouldn't do is just to stay on in France, expecting your stay to automatically roll into 90-in-180 days Schengen stay. This will be regarded as overstay, and the usual penalty for third country national is a ban from Schengen area for 3 years.
I am waiting for my qualified working visa tho. It is still pending. Will this be a reason to legally overstay? |
Similar problem - US passport
I’ve got a similar problem here, US national living in France for the past two years on a student visa for a Master’s program. My titre de séjour pluriannuel expired on Jan 3 of this year, but I asked for a 12-month chercheur d’emploi extension and received a récépissé valid until Feb 12 of this year. Only problem is the first date available at the préfecture to pick up my new titre de séjour is March 12. I’m trying to fix the problem a number of different ways, but if needed, could I theoretically leave France for another Schengen country or the UK on Feb 11, stay there a couple days, and come back as a tourist on my US passport until my new titre de séjour is ready?
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