Welcome to Maxi-Pedia Forum. Maxi-Pedia discussion forum is a free community inviting you to express your ideas and discuss various topics with other contributors.

October 18, 2018, 04:21:45 am *
Welcome, Guest. Please login or register.
Did you miss your activation email?

Login with username, password and session length
 
   Home   Help Search Login Register  
Most Recent Posts:
Pages: [1]
  Print  
Author
Topic: 

Schengen tourist visa after study visa expires??

 (Read 12737 times)
lexie91
Newbie
*
Posts: 2


« on: October 18, 2010, 02:08:39 am »

Hi  Wink

I've been in italy for about 9 months on a study multiple entry schengen visa which expires december fourth. i have an australian passport. my question is, when my student visa runs out, am i entitled to a normal 30day tourist visa? if so do i have to leave the schengen area and re-enter, or can i simply remain in italy 30 after my study visa expires?

helppppp, thankyou so much.
Logged
Maxi-Pedia Forum
« on: October 18, 2010, 02:08:39 am »

 Logged
porsche
Full Member
***
Posts: 203


« Reply #1 on: October 25, 2010, 08:06:46 am »

Hi, you can use regular Schnegen visa to travel within the Schengen countries for a maximum stay of up to 90 days in a 6 month period. This means that once you have been in one or more Schengen visa countries for 90 days, then you need to remain outside the Schengen member states for at least 90 days. This is valid for the regular tourist visa. Your case seems to be different from the regular tourist visa. As a holder of australian passport, you do not need Schengen visa for short term stays. So, if you are not required to have Schengen visa for short term stays, you can't switch to "tourist Schengen visa" after your "student Schengen visa" expires. When your student visa is up, you would most likely need to travel outside the Schengen zone, and then come back as a visa-free tourist. However, the 90 days rule still applies, so leaving the Schengen zone for only a few days does not help. Better check with your embassy. By the way, can you confirm the type of your visa, is it C or some other?
« Last Edit: October 25, 2010, 08:42:43 am by porsche » Logged
lexie91
Newbie
*
Posts: 2


« Reply #2 on: October 25, 2010, 09:14:05 am »

so id have to leave for 90 days before i could re-enter???

my visa is a multientry type d+c visa
Logged
porsche
Full Member
***
Posts: 203


« Reply #3 on: October 26, 2010, 07:39:44 am »

Most likely yes.

Take internet posts as advice, but do not trust me or any other poster - we cannot guarantee you how you are handled at the border check. Confirm with your embassy.
Logged
danisara
Sr. Member
****
Posts: 280


« Reply #4 on: October 26, 2010, 07:55:30 am »

You may be re-admitted as a tourist if you leave and then re-enter the Schengen area (e.g. from the UK). You can re-enter the Schengen zone as a tourist and your stay as a student on a long term national visa does not count towards the Schengen quota. However be prepared for questions as immigration officers may suspect that you are returning not as a tourist but rather to illegally prolong your student stay.
Logged
porsche
Full Member
***
Posts: 203


« Reply #5 on: October 26, 2010, 09:19:24 am »

Student visa stay does not count towards the "Schengen visa quota" (the 90/180 rule) if the student visa stay follows the tourist visa stay because the student visa is simply sort of an exception, a visa overriding the tourist visa. But it does not work the other way around if tourist visa follows student visa. When you look at the The Schengen acquis, there are no exceptions listed to the 90/180 day rule that applies to tourist visa and to the visa-free status:

The Schengen acquis:

Quote
Article 20
1. Aliens not subject to a visa requirement
may move freely within the territories of the
contracting parties for a maximum period
of three months during the six months
following the date of first entry, provided
that they fulfil the entry conditions referred
to in Article 5(1)(a), (c), (d) and (e).

Article 5
1. For stays not exceeding three months,
aliens fulfilling the following conditions
may be granted entry into the territories
of the contracting parties:

Quotes from The Schengen acquis which may be found here:
http://cmr.jur.ru.nl/cmr/docs/sa.11.pdf

Cheers.
Logged
porsche
Full Member
***
Posts: 203


« Reply #6 on: October 26, 2010, 09:25:16 am »

PS: See here for a list of exceptions to the 90/180 rule:

Quote
4. “90/180 rule”
15.10.2010 06:45

According to the rule commonly referred to as the “90/180 rule,” an alien
can stay in the Czech Republic/Schengen area for a maximum of 90 days
(3 months) within a half-year, counting from the first day of entry into
the Czech Republic/Schengen area. Once the 90-day stay limit is maximized,
it is necessary for the alien to exit the Schengen area. The alien can only
return within the next half-year.

However, this rule does not apply to aliens who:

(1) are citizens of those countries with which the Czech Republic has
concluded a bilateral visa free agreement before its entry into the EU
(i.e. Argentina, Chile, Costarica, Croatia, Honduras, Israel, Malaysia,
Panama, Republic of Korea, Singapore, Uruguay). However, after maximizing
their 90-day stay limit, these aliens need to exit and stay outside the
Schengen area for at least one day.

(2) stayed in the Czech Republic/Schengen area based on a Schengen visa
and their subsequent stay will be based on a Czech national visa (these
visas are issued only in exceptional cases)

(3) will stay in the Czech Republic based on a long-term visa or long-term
residency permit.

Code:
http://www.mzv.cz/manila/en/visa_and_consular_services/visa_information/sch
engen_visa_stay_of_up_to_90_days/general_information/x4_90_180_rule.html
« Last Edit: October 26, 2010, 09:26:56 am by porsche » Logged
Maxi-Pedia Forum
   

 Logged
Pages: [1]
  Print  
 
Jump to:  

Page created in 0.09 seconds with 21 queries. (Pretty URLs adds 0s, 0q)