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Urgent! Australian student awaiting visa interview in Jan - need to travel

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Torztorz
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Posts: 1


« on: December 14, 2015, 02:53:55 pm »

Hello,

This is a little complicated. I am an Australian student currently studying 1 semester in Germany. I entered the Schengen area 16th September. I received confirmation for my student visa interview a month ago for the 15th January (due to heavy visa processing in Germany at this time). Due to this I am allowed to stay in Germany because of the appointment time and I am studying. I am leaving Germany early February and have a flight booked from London to Melbourne on 18th Feb.

My 90 days is up today. I am going to Gstaad, Switzerland on 17th Dec for two weeks over Christmas. I thought that having a visa interview tee-ed up, proof of residential address here in Germany and proof of student status, there would be no issue travelling to Switzerland and returning to Germany.
I now have been told that it is not possible to leave Germany because I have no visa and I have just spent the morning speaking to 5 different people in the visa office asking if it's possible to process my visa earlier than the 15th January - which it's not.


My question is
A) is it possible to get a visa extension for 30 days leading up to the pending visa interview date? I never had a visa in the first place being an Australian citizen and I can stay in the Schengen 90 days without any visa. I'm thinking of going back into the office tomorrow and see if it's a possibility.
B) As I am catching a train, I know there is still a high chance of being picked up by customs and would have overstayed 3 days, with plans to return to Germany. Would I be denied entry into both Switzerland and Germany and have to leave the Schengen completely?

Would appreciate any help at all. Struggled so much this morning trying to explain myself in English to only Deutsch speakers

Thanks
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« on: December 14, 2015, 02:53:55 pm »

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mintzephyr
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Posts: 1


« Reply #1 on: December 15, 2015, 03:16:05 pm »

I have a similar situation. I have a visa interview on Feb. 2nd and I left Germany thinking it will be okay to travel or worst case scenario I planned on trying to extend my travel visa. Anyways I called in at foreign office in Berlin and they told me that my travel visa automatically only if I stay in Germany for the whole period, not being able to leave. The problem is I already left and now in Spain. They told me I have to get a visa to come back into Germany unless I come back before my travel visa expires which is 21st. That's so close to Christmas not to mention my birthday so I want to spend holidays here. Also some people told me that they wouldn't know that I ever left Germany before my visa interview since they don't check at the security point on air. So maybe if you're traveling by air it could be okay as long as it's within Shengen zone. Another option could be ask for shengen visa extension at the office in Berlin. They have that option.
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yaris
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Posts: 94


« Reply #2 on: December 22, 2015, 04:50:09 pm »

Hi, I understand you are an Australian studying in Germany while having regular visa-free status there (i.e. no posession of student visa). In that case the visa-free status (which includes the 90/180 rule) determines your eligibility of staying in the Schengen area. The fact that you have a visa interview, proof of residential address, and proof of student status itself is not an extension to your status (or exception to the 90/180 rule).

In general, if you need to stay in the Schengen area longer, you would need to apply for visa, even if you as an Australian citizen are eligible for the 90/180 visa-free travel. And, if you need to "overstay" this visa, then you could apply for an extension. In your case, you are looking for an extension to the 90/180 rule. The visa code does not include paragraphs for this case but it includes paragraphs for visa extension. As per the regulation (EC) No 810/2009, Visa Code, CHAPTER V, Article 33, the reason for your "overstay" does not meet these conditions. See this thread for more details on this topic: Extension to visa. However, if you apply for an extension of your status, this code might be used as analogy. The result depends on the judgment of the officer processing your request.
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