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Au Pair Schengen Problems

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theaborns
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« on: June 06, 2017, 03:36:00 pm »

Hello!

I am new here and the reason I joined is because I have a few questions that I hope someone here could help me find the answers to.
Anyway, I am working as an Au Pair in Austria since December, 2016. My six months as an Au Pair is about to expire and I am wondering can I stay in Austria for 90 more days without a visa (on tourist stay)? I should mention that I am from Serbia and even though it's a third world country, I don't require a visa to stay as a tourist here.
In several places I have read that it is best to leave the Schengen zone before the visa expires and then come back to start the 90 days again, but is it possible to start the 90 days without leaving?
Also before I got my visa I was in the EU for approximately 90 days as well (from the 1st of October- 29th December) so that means 90 days as a tourist, then 180 days on a visa and now I am eligible for another 90 days as a tourist am I right?
Any help would be much appreciated!
Thank you in advance!
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« on: June 06, 2017, 03:36:00 pm »

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porsche
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Posts: 203


« Reply #1 on: June 13, 2017, 03:16:11 pm »

When staying in the Schengen zone as a (visa-free) tourist, you are required to satisfy the 90/180 rule. This rule means that you are allowed to stay in the Schengen area up to 90 days within any 180 days period. When you were in Austria as an au pair, this rule did not apply because it got overridden by your work visa (you did not menition that, but I assume you had a work visa). If you stay in Austria past your work visa, you switch back to the (visa-free) tourist status and the 90/180 rule comes back again. Your better option would be to apply for a residence permit before your work visa expires. See here for a similar thread on the same topic:

Re: Schengen Visa and National Visa
(http://www.maxi-pedia.com/forum/index.php?topic=1055.0)
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