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Traveling within Schengen zone while waiting for a residence permit?

Traveling within Schengen zone while waiting for a residence permit?

Old Jan 23rd, 2013, 04:00 AM
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Traveling within Schengen zone while waiting for a residence permit?

I was recently hired to work in Slovenia and the company wants me to come back asap so I can be trained while they wait for my work permit and residence permit to process.

My only concern is that my tourist visa will expire while I'm waiting for everything to process (I have already clocked 83 days out of the allowed 90 in the Schengen zone). I've voiced my concerns but everyone seems to think there won't be a problem, although no one can point out to me an actual law that allows you to wait in the Schengen zone while a residence permit is processed.

I am supposed to pick up my residence permit in either Austria or Croatia (I don't know why it's not Slovenia), so I'm not sure if that has anything to do with it. I'm worried that if it ends up being Croatia rather than Austria I'll have problems at the border.

So, does anyone know anything about this? If I do overstay my tourist visa will I still have problems, or will it be okay since I'm waiting for a residence permit? WIll it make a difference how long I've overstayed (I could get my residence permit in a week, or it could be months. I have no way of knowing.)?

I'm really not trying to break any laws here, but I also don't want to lose my job because I can't get out there fast enough. Help!
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Old Jan 23rd, 2013, 04:18 AM
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It seems to me that you are already breaking the law by working in Slovenia on a tourist visa, or have I misunderstood.

Croatia is not - yet - in the E.U. or in the Schengen zone. A residence permit for Croatia would seem to be no help if you wanted to work in Slovenia or Austria.

I also don't understand your question about "problems at the border". Do you mean when travelling within the Schengen zone? If so, there are no border controls within Schengen except in very rare circumstances. So you never meet anyone who could cause difficulties.
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Old Jan 23rd, 2013, 04:25 AM
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No I'm not working there yet, I've only been hired. The company is in the process of getting me a Slovenian work permit and residence permit so that I can begin to work. All they want to do in the meantime is train me (which is unpaid).

My concerns are about potentially overstaying my tourist visa while waiting for my residence permit to be approved as well as crossing the border to Croatia in order to collect my Slovenian residence permit if I've overstayed the tourist visa.

I'm not getting a Croatian residence permit, I'm getting a Slovenian one. For some reason you need to collect a Slovenian residence permit in either your home country, Austria, or Croatia. Obviously I would have no problem entering Austria as there are no border controls.
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Old Jan 23rd, 2013, 05:07 AM
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Where are you now?
If you need to re-enter Schengen, and have used up 83 days of your 90 in 180 days, unless you can prove you will be leaving Schengen before the 90 days are up, you may not even be permitted to re-enter.
No one here is qualified to answer your questions with any authority. You need to consult either the Slovenian embassy or a qualified expert.
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Old Jan 23rd, 2013, 05:29 AM
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I'm at home in the USA right now. I booked my flight to return in March, but after the company gave me the go ahead to come back I switched it to this Friday. I only recently realized how long it may take them to get my residence permit and now I'm considering changing the flight again.

I tried to read what Slovenia has posted about it on their visa website, but it's an online translation so it's difficult to understand.

I've emailed my employer again and I'm calling the embassy today. I'll post any information I get. Maybe it can help out someone else in the future.
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Old Jan 23rd, 2013, 08:08 AM
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I would stay right where you are until the company has finalized your work permit/visa issues and proven it to you (scanned and emailed copies of the relevant documents). It's their problem at this point, not yours, and you could end up in trouble at their expense.
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Old Jan 23rd, 2013, 08:19 AM
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You've been hired by a company which is not paying you for training and they want you to possibly break Slovenian laws by overstaying the Schengen limit if they can't get the work visa in a week?

This sounds a bit dodgy to me. Agree - stay at home until the paperwork comes through. Are you even an employee if you're not being paid? Isn't that volunteering? You might get into trouble at your own expense if you return to Slovenia and stay more than 7 days.

Why can't you train remotely via computer (or isn't it that type of job?)?
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Old Jan 23rd, 2013, 08:37 AM
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Where in the states are you? It seems Slovenia does have some type of agreement with Austria.

***For foreign citizens

Visa is not required up to 90 days (Official Gazette RS No.35/94).

On the basis of the agreement between the Federal Ministry of Foreign Affairs of the Republic of Austria and the Ministry of Foreign Affairs of the Republic of Slovenia, aliens residing in United States of America may, as of 1 July 2006, apply for an entry visa for the Republic of Slovenia at the Consulate General of the Republic of Austria in Los Angeles:
11859 Wilshire Boulevard, Suite 501,
Los Angeles, California 90025

Tel: (+1/310) 44 49 310 (+1/310) 47 34 721
Fax: (+1/310) 47 79 897
E-mail: los-angeles-gk(at)bmaa.gv.at
Internet: www.aussenministerium.at/losangeles

The Consulate General is accredited to: Alaska, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Oregon, Utah, Wyoming, Pacific Islands (under administration of United States of America)****

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Old Jan 23rd, 2013, 08:39 AM
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Yeah, I've called the embassy and I think that's the best bet. I'm still waiting to here from the company that hired me.

So my advice for everyone that might be in my situation: don't buy your ticket until you are SURE that all the paperwork has been done because you can't legally stay within the country while you wait for your residence permit to be approved.
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Old Jan 23rd, 2013, 08:47 AM
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While the border between Austria and Slovenia is no longer guarded you will find that the police now sit back from the border by about 800m and pick up any odd looking cars. I know, Ive been pulled over. There is a reason why the border is marked in number of places by tanks
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Old Jan 23rd, 2013, 08:59 AM
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Thank you everyone for the advice, it makes me feel way more confident in my decision.
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Old Oct 23rd, 2013, 12:15 PM
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Hi rp245 and all, I have a similar problem. Im currently in Norway and waiting to report myself at the police station at 6/11/2013 in order to get a residence card.

I enter Norway at 22/8/2013, with the 90-days rule, my last day in Norway is 19/11/2013. However, I have booked tickets to travel in barcelona, italy and paris for a total of 15 days (24/11 to 5/12), which means including these 15 days, I can only stay in Norway until 7/11/2013 and finish the 90 days stay in schengen zone.

My appointment to register at the police station is at 6/11/2013, and they say it usually takes 10 working days until I get the residence card.If I get the card at 19/11,it also means that I have finished the 90 days in schengen zone.

My issue is that I have bought tickets to travel 15 days in schengen zone countries(24/11 to 5/12), will I have a problem to enter Barcelona at 24/11/2013 and travel for another 15 days in Schengen zone??I am not sure what date will be written as the start date on the residence card, if it is the 6/11, then I dont think I have any issues to re-enter barcelona at 24/11.

I asked this question to the lady work at the police station, she said: I dont understand what you are talking about and I cant answer your questions more because they are too many ppl on the line. Thus, I appreciate if anyone can help!
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