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-   -   Schengen Visa Question - Student Visa / Visitor Visa (https://www.fodors.com/community/europe/schengen-visa-question-student-visa-visitor-visa-959742/)

marigross Dec 7th, 2014 10:48 AM

Thank you! Thank you! Thank you! Thank you!

Linda, we are finishing up some stuff around here and then I'm hoping to see you in Valencia in April ;)

cmclean38 Dec 9th, 2014 05:03 PM

Hi Alec,

You seem to be very knowledgeable about the type D visa procedures, so I'm wondering if you could be so kind as to answer a question I have for a rather frustrating situation I find myself in. I am a Canadian studying in France on exchange from Sept 14-May15. I applied for my residence permit, carte de sejour in September.

I have been issued a Student Type D visa that expired Nov 15. I was traveling on the date of my visa extension, (recepisse) convocation and wasn't able to go in person. I was actually able to enter back into Spain on Nov 20 and my visa was never looked at (I didn't leave the Schengen zone).

The recepisse extends the expired visa until I receive my carte de sejour. The carte itself I have been told is not complete for pickup yet, so obtaining the recepisse instead is essential. However, I need to wait until I receive another convocation appointment to go pick it up. The Prefecture office told me that I could obtain a short stay visa for my travel plans in the Netherlands, Germany and Czech Rep over Chrismas and New Years. However, the Visa section in Canada has told me that they do not issue short stay visas because 'as a Canadian I am exempted for up to 90 days'.

Do you have any insights or suggestions to add to my plans to travel in December? Perhaps I could bring the proof that I applied/am in the process of receiving a residence permit?

Thank you, thank you, thank you,
CM

rvaldes4 Dec 15th, 2014 06:28 AM

Hi Alec,

First, thank you very much for posting all this valuable information.

I have a question similar to the one first posted but in reverse. As an American, I want to spend 90 days in France as a tourist then fly to UK or Ireland for a couple days and then come back to France on a student visa; I will be studying in France for 1 year. Basically, I would like to travel around in the Schengen area for 90 days prior to my studies. What do you think? Can I do this without any problems. I would think it makes sense but best to have solid information.

Thanks!
Roberto

Pilchard2110 Mar 8th, 2015 12:33 AM

Hi Alec,

I'm hoping you can help me.
I am an Australian who has lived in France for the last 5 years with a carte de sejour (my husband and child are British passport holders). My carte de sejour ran out on the 2/3/15. I went to the immigration bureau in my town in January to start the renewal process and was told that I was too early and come back closer to the end date. I then went back a week before it was due to end and was told that I can't renew for 5 years and that I now have to have a 10 year carte de sejour. To obtain this we have to provide 5 years of documents proving that I have lived here for 5 years in succession. I had no idea about this 10 year card and we have been scrambling trying to find documents to prove this. My husband worked in Switzerland and has now been retired for two years and we haven't filed tax returns for two years in France (we file every year in Australia), so basically I'm illegal and it's worrying me to the point that I can't sleep/eat etc. I tried to do the right thing and that has proved pointless. I have had advice from an immigration lawyer who at first told me to leave the country and then not to leave the country. I've called the Australian embassy in Switzerland and France and they said they can't advise me. I have also called the French embassy in Melbourne who also said that they can't help. My son goes to school here and has done since we was 3 years old. This is his home. My fear is that I will get a black mark on my passport if I leave and won't be able to return to France or anywhere in Europe. Obviously I don't want to do this as stated before, my son and husband live here. What get's my goat is that a friend of mine who lives here had her 10 year carte de sejour handed to her without half the paperwork they are asking me for. She got hers a month ago and we have both been to the same place, so I'm not sure what's going on. Sorry for the epic message but I am so confused and worried, I am desperate for help. Thank you so much.

Sarastro Mar 8th, 2015 01:00 AM

Firstly, all you need to prove that you have been a resident in France is to show a utility bill in your name, such as one from the EDF. You do not need to file tax returns to prove residency.

Renewals for a Carte de séjour start in Pairs 3-4 months before a current one expires. As you have not initiated the renewal prior to your current one expiring, in either February or March (I can´t be sure by the way you have referenced the date but no matter) you have entered into areas with which I have no experience.

Still, I would get back in touch with whomever you contacted previously and give them whatever documentation they are asking you to submit. Something here does not make sense because why would they ask you for documents for a 10 year visa if you were being forced to leave for 5 years?

Don´t just worry, now is the time for action on your part.

Pilchard2110 Mar 8th, 2015 10:50 AM

@ Sarastro, thank you for your kind reply and information. I did in fact go to the bureau d'immigration in January but they told me I was too early and to come back closer to the end date on my carte de sejour. Had I been told in January that I had to have a 10 year card and had they told me about the documentation they needed, I would have had it all ready in time but unfortunately they told me a week before expiration of my card. The supervisor there insisted that she would only accept tax returns but when I look at the list of things they require, tax returns are only a suggestion. Rental receipts, water bills etc. I'm not sure why she's insisting on tax returns. I am going back this week to try to sort this out.

TobyUS Mar 10th, 2015 08:14 AM

Hi all,

Read through this entire blog (awesome information, thank you everyone) and I have one follow up question:

Visa: D (180 day)
Citizenship: US
Studying in: Spain

If the person studying went to london a week before their expiration of their visa and stayed ~3 days but came back before the expiration of their visa, does this already qualify as a 90-day tourist? Or does she need to leave again? She has return tickets in 2 months to the US and plans on traveling inside of the Schengen area before return to the US.

Alex61 Mar 10th, 2015 09:44 AM

Hello all; I was an Erasmus student in Lithuania in autumn term 2014-2015 before i went to overthere i planned to go erasmus for 1 year but i broke my erasmus at the end of the first semester now in my passport i have got already visa but my university said me that they will breake my visa but im not sure so if they cancel my visa will i take a notfication to my adress from Lithuanian embassy?
Thank you....

ArtesmaPhotog Apr 30th, 2015 09:19 AM

Hello. I have read thorugh all and see there hasn't been a post for awhile, but hopefully this post lives forever!

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 with an expiry date of May 11. 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 post at both Valencia Spain and Amsterdam airports as he left and entered. Nothing special at London Gatwick.

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 Berlin say? Does he need to go back to UK prior to 5/11? It seems he has done everything correctly.

Thank you for any replies!!

mariahcasey May 1st, 2015 07:52 AM

Hi everyone,

I am a US citizen. I have a type D visa, "Long Sejour Temporaire", and it is valid until 29/05/15. With this visa, I didn't need to apply for a residence permit when I got to France. I would like to stay in France after the expiration date of my student visa, just to travel as a tourist for 2 months. I have read many articles about the tourist visa in the Schengen area, and I understand that a US citizen can stay for 90 out of 180 days as a tourist. If I leave France on the date of my student visa expiration date (and go to a non Schengen area country), and then re-enter a few days later, can I re-enter France as a tourist and stay for the 90 days later? I have spoken to the prefecture here in Lyon, and he has confirmed that this is possible. However, now I am wondering how long I need to be out of the country before I can return (the prefecture won't tell me directly how long I need to be out of the country for). I am planning on leaving for London on May 29th (the expiration date of my visa) and returning on May 31st. Also, do I need to apply for a tourist visa to return to France?

Please help me, I don't want to run into any problems at passport control!

Mariah

amcl0221 May 4th, 2015 05:19 AM

Hello everyone, thanks for all the helpful posts! I might be a bit late responding but just want to clarify one thing about the 90 day rule.

I am an American working as an english teacher in Spain. Ive been issued a student residency card for the year here, which expires June 30th. I will be traveling outside of Schengen and re-éntering Spain on June 30th on a tourist visa - which is allowed from what I´ve read on this thread.

However, I then plan on returning to the US for the summer and traveling to Greece for one week in July. I just want to confirm that the 90 days is a collective 90 days, in that only the days you are in Schengen count (so I wont be racking up days in the US).

Thanks for your help!

ArtesmaPhotog May 4th, 2015 06:20 AM

Since this forum thread is old and there are not current replies, I started a new thread of posts here

http://www.fodors.com/community/euro...a-problems.cfm

I received some quick and helpful replies.

Mariah, your plan sounds good because it is good to be re-entering the Schengen area after the 5/29 expiration date. I do not know exactly how long you must be in the non-Schengen country, but feel pretty certain overnight is enough; advice given to us said same. No you don't need to apply for a tourist visa; your passport suffices.

AMCL0221 - from what I've read and heard, the 90 days does not need to be consecutive nor would time in the US count for days in Schengen countries. The time in the US would be non-schengen, if it matters. As just stated to Mariah, the re-entry in Spain on June 30, the same date as the expiration, could be troublesome only because it is not after the expiration date, but maybe not.

If you have trouble, meaning a directive from airport/train officials that does not sound right, then you need to make plans to visit the immigration office. That is what my post was about and my son who was denied the 90 days of travel while in Amsterdam.

sydunipete Jun 2nd, 2015 02:43 AM

Thanks to everybody for great input, in particular Alec.

I am a non-EU citizen, currently in Sweden on a 6 month residence visa. I want to stay longer so I wrote to my case officer and they replied that I have no need for a visa to extend my stay for up to 90 days (utilising the Schengen visa waiver open to me). There was no mention of leaving and re-entering the Schengen zone to initiate the waiver period.

Also I consulted the regulations and read Article 1(5)(b) of Regulation (EU) No 610/2013 of 18 October 2013 which says [comments in square brackets are mine]:

"1a. For the purposes of implementing paragraph 1 [the 90 out of 180 day rule], the date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States."

Again, there is no mention of having to leave and re-enter.

The only reference I can find to support the need for a visa run is a rather old (2013) page on a French Embassy website.

Can somebody point me in the right direction for a definitive statement about do I need a visa run or don't I?

Many thanks.

lincasanova Jun 2nd, 2015 03:09 AM

they cannot tell you THERE, in Sweden, at immigration?

sydunipete Jun 2nd, 2015 06:41 AM

Unfortunately no. The quality of answers received here is amazingly poor.

sydunipete Jun 3rd, 2015 12:58 AM

I've just spoken with my case officer. They confirmed that I must leave Sweden before my residence permit expires. I can then re-enter Sweden after that date to commence my 90 day Schengen visa waiver period.

They did say leaving Sweden was enough (I didn't need to leave Schengen) but that I did need to be able to satisfy authorities that 1) I had left Sweden before my permit expires and 2) that I had re-entered after. The form of proof seems to be less clear. So I will do a visa run to London. Flights are cheap and stamps in passports are harder to argue with.

lincasanova Jun 3rd, 2015 02:34 AM

Glad you have solved this. A shame it seems so unclear in the written word. So many people have this same question. One would think it would be spelled out perfectly clearly.

Banjomute Jun 8th, 2015 08:59 AM

My God-daughter has been accepted to the Masters Program in Music at Berklee Valencia Spain. This all happened rather fast and we are jumping through the hoops trying to get all the paperwork ready for her Visa appointment at the Spanish consulate in Miami. We are doing pretty good sorting through it all but I have very uncertain and bad feelings about the "proof of funds" paperwork that she needs to present. I have read the consulate requirements but wanted to ask if anyone has had experience with this issue that differs from what the instructions say to expect?
She has the funds committed from various sources that are not family and not official scholarships. Her single parent dad is on disability and not financially able to help at all. As I am not related to her and she is now 23, it looks as though any statements from me verifying funds or support would not apply. So, we are thinking that the only alternative is to deposit all the funds we can get our hands on into her account and then get a statement she can present.
They want three months worth of statements and there is only 90 days left to accomplish the visa app. So, she will not have three months of statements. I have noticed other blogs and forum comments where it looks like the consulate was satisfied with less than the three month's proof.

Banjomute Jun 8th, 2015 09:04 AM

Sorry, I accidentally hit "enter" too soon. The question is, does anyone have any recent experience with this issue that might shed light on what they really want to see? Or any techniques for accomplishing the requirements given our time limitations? Thank you for your help. Joe

crosscheck Jun 8th, 2015 09:25 AM

For the Spanish visa (through LA Consulate), the program my son attended (a US university) provided that paperwork. But I just looked at the requirements, and you as a godmother can provide a notarized letter instead. No other documentation is needed:

7. Evidence of funds: Provide either of the following:
- Statement from the University School or US program assuming full financial responsibility for room and board.
- Proof of financial aid or scholarship of at least 1.500€ per month, for room and board.
- Notarized letter from parents/guardians assuming full financial responsibility for at least 1.500€ per month, for room and board. Suggested wording: “I hereby certify that I, the (father, mother, other) of (..), will support her/him with a monthly allowance of 1.500€ while she/he is in Spain and that I am financially responsible for any emergency that may arise.


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