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Sweden Student Visa and then going to 90/180 day rule

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trenttaylor
Newbie
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Posts: 2


« on: February 15, 2011, 04:19:28 pm »

Hi,

I wish to ask advice on the 90 days in 180 day limit. As many people know, there is obviously no credible information on the internet or clear information in the schengen acquis that explains about going from a residence permit in a schengen country to a tourist visa (or more specifically a 90 day visa-free travel period if you are from one of the countries that qualify for this).

My question is: I have been a student from August last year to Jan 31st, 2011, so about 6 months. My first entry into the schengen states was july 5th, 2010 and I did a month and four days travel before I began studying in sweden on a student visa. As the Student visa has now expired (Janm 31st, 2011), I am no longer the holder of a resident permit in Sweden. However the schengen rules states that outside of a resident permit, you can stay in the schengen area for 90 days in a 180 day period. Now everybody argues on this forum that this is served alongside a resident permit regardless it does not pause because I have a residence permit, which is Agree with: So this is how I see things:

---FIRST 180 day period-------
Entered on July 5th
Student Residence permit started August 9th
FIRST 180 day period ends December 29th (Calculating that from my july 5th entry)
--SECOND 180 day period-----
Begins on December 30th, 2010
Residence permit expires on 31st of January

HOWEVER seeing as this is now a NEW 180 day period and although I no longer hold my residence permit, I have not travelled for more than 90 days within this new 180 day period. So technically shouldn't I have a new 90 days starting from December 30th?? this would roughly allow me to stay for until the end of march. I would like people to challenge me on this or agree if they believe I have a point. Other points to note about me:

*I am an australian citizen
*I did exit the eu to russia for a week over new years, whilst I still had the residence permit which was a exit and restamp into schengen area.
* I have contacted swedish embassy in Australia and they said I could stay, you automatically get tourist status on the expiry of your residence permit, no need to exit, BUT as we all know what each embassy tells you is different and I dont trust them as my friends have recently had trouble, so lets disregard what they have said.


Thanks
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« on: February 15, 2011, 04:19:28 pm »

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danisara
Sr. Member
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Posts: 280


« Reply #1 on: February 15, 2011, 08:19:06 pm »

I think when your student visa ends, your 180 period starts over. The student visa stay period does not count toward the 90 days that you have under the visa-free status. See here for some more details about the 90/180 visa rule: 90 180 rule. Just on the side, do you really think that you will get a more qualified, reliable and trustworthy answer at an internet discussion forum than from an embassy officer?  Wink
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trenttaylor
Newbie
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Posts: 2


« Reply #2 on: February 15, 2011, 09:14:24 pm »

Ok cool
To be honest the forum and the embassy are about equal haha. My friend rang them the other day to check on the status of his visa extension and whether that will cause any trouble with him re-entering sweden from the UK in two weeks. They said you 'may or may not' have trouble trying to re enter sweden, and no matter how many times he asked they refused to give a concrete yes or no answer and they ARE the migration department!
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danisara
Sr. Member
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Posts: 280


« Reply #3 on: February 16, 2011, 07:57:36 pm »

Haha, sad to hear that embassy folks are so hesitant to provide reliable answers for which they are paid. Oh, well. Which embassy was that?
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