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Europe for 1 Year.. Do i need Schengen Visa????

Travel Forums Europe Europe for 1 Year.. Do i need Schengen Visa????

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81. Posted by mmag1988 (Budding Member 2 posts) 7y

hi, i'm an american citizen am planning to go to belgium this coming May to visit my fiance and plan on getting married, will my marriage affect the schengen visa?

like say if i go there for leisure, and end up getting married.... is it possible to even get married even if you're traveling with a schengen visa?

and another question, i want to stay for more than a year..... where exactly do you go to get a visa renewal? because i clearly dont want to go all the way to the states to renew my visa. will renewing my visa extend the return date on my itinerary?

ahhh help!

82. Posted by t_maia (Travel Guru 3289 posts) 7y

hi, i'm an american citizen am planning to go to belgium this coming May to visit my fiance and plan on getting married, will my marriage affect the schengen visa?

like say if i go there for leisure, and end up getting married.... is it possible to even get married even if you're traveling with a schengen visa?

and another question, i want to stay for more than a year..... where exactly do you go to get a visa renewal? because i clearly dont want to go all the way to the states to renew my visa. will renewing my visa extend the return date on my itinerary?

ahhh help!

I don't know Belgian visa law, but I think you got a few things confused. These things would be

  • visa-free stay

  • tourist schengen visa (type C) (doesn't apply to you as US-citizen, only to citizens of countries who do not qualify for visa-free stay)

  • immigration schengen visa ( type D or C + D)

  • residency permit

US-citizens can come to the Schengen Area visa-free as long as they are tourists and don't plan to stay for longer than 90 days. So for just visiting you do not need a visa, all you get is an entry stamp at the airport.

I am not sure about Belgium, but for US citizens wanting to marry Germans it is possible to get married in Denmark within the 90 days visa-free stay. They then go to Germany and get a residency permit and a work permit for the US-citizen based upon the marriage. This should be similar in Belgium. So after your marriage you get a residency permit for Belgium, this is a full-page sticker in your passport with your foto and personal details.

But: If you are sure you plan to get married check whether you need to apply for a marriage visa to Belgium at the Belgian embassy prior to your arrival to Belgium. This would be an immigration visa (Type D for Belgium).

If you are living in Belgium and have a residency permit you renew this residency permit in Belgium, you do not have to go back to the USA.

Renewing your Schengen visa is generally not possible, because the 90 days out of 180 days rule prevents visa runs across the border and if you are already in the country you do not renew your visa, you either apply for a residency permit for the first time or extend your short-term or long-term residency permit.

So this is what you should do:

Contact the Belgian embassy or consulate closest to you, tell them that you plan to marry a Belgian citizen in Belgium and ask for help. What kind of papers do you need to get married in Belgium? Do you need to get a marriage visa before going to Belgium? Or can you enter visa-free as a tourist, get married within 90 days and get a residency permit after the marriage? They should be able to answer that.

Hope this helps.

83. Posted by mmag1988 (Budding Member 2 posts) 7y

Belgian laws are strict. I wanted to see if a Schengen Visa would help me stay a little longer than 90 days, and you just confused me entirely because it's different from Germany.

I understand that I can stay longer if I apply for my temporary residence visa, but there are two ways I can only do this.
Which is to find a school so I can get the student visa or get sponsored by a large company who is willing to sponsor me and get me a work permit... even those two things are a pain to do already and I'm already in the process of finding a school, but I also want an alternative if that doesn't work out for me.

My question was, is it possible to stay in Belgium for longer than 90 days IF I get a Schengen Visa, even if there is a visa-waiver?

Does someone have a more specific and less confusing answer?

And if this information helps: I live in America, I don't live in Belgium, No I do not have a temporary residence visa.

84. Posted by t_maia (Travel Guru 3289 posts) 7y

Belgian laws are strict. I wanted to see if a Schengen Visa would help me stay a little longer than 90 days, and you just confused me entirely because it's different from Germany.

Hmm, yes and no.

Schengen Law consists of 2 parts, national and international.

International is everything regulating short-term visits, this is what is called Schengen Visa.

National is everything that regulates long-term visits, ie residency permits. The rules are still up to the individual states (Belgium, Germany, Denmark, France...) but there are some accepted minimum standards that are the same Schengen-wide. The goal is to regulate long-term visits on a Schengen-wide level in a few years. So there are some similarities.

My question was, is it possible to stay in Belgium for longer than 90 days IF I get a Schengen Visa, even if there is a visa-waiver?

No. You cannot get a Schengen visa (type C) for long-term stay. You need a residency permit (type D).

I understand that I can stay longer if I apply for my temporary residence visa, but there are two ways I can only do this.
Which is to find a school so I can get the student visa or get sponsored by a large company who is willing to sponsor me and get me a work permit... even those two things are a pain to do already and I'm already in the process of finding a school, but I also want an alternative if that doesn't work out for me.

That is not true. Look at the following visa:

APPLICATION FOR TEMPORARY RESIDENCY WITHOUT GAINFUL OCCUPATION

http://www.diplobel.us/TravelingBelgium/Visas/Retirees.asp

APPLICATION FOR TEMPORARY RESIDENCY ON THE BASIS OF COHABITATION WITH A EU CITIZEN

http://www.diplobel.us/TravelingBelgium/Visas/Partners_EU_Citizens.asp

The second link says something important: If you are exempt from a visa C to enter Belgium, please submit your application directly at your local city hall in Belgium.

Since you plan to live with your significant other check whether your relationship meets the criteria mentioned below:

Proof that your relationship is a durable one will be measured as following:

+ Proof that partners have lived together for at least 1 year prior to application
+ If the partners have known each other for at least 2 years, proof that they have had regular contact by phone or (e)mail, that they have met in person at least 3 times in the past 2 years, and that those meetings represented a minimum of 45 days.

9. Supporting documents as proof that there is actual cohabitation and that your relationship is a durable one, such as: joint financial records, utility bills in both names, mortgage/rental agreement in both names, letters from friends and family, photographs, etc.

If yes, all you have to do is travel to Belgium and apply for a residency permit at the city hall in Belgium.

[ Edit: Edited on 21-Feb-2009, at 19:25 by t_maia ]

85. Posted by wondergrrl (Budding Member 2 posts) 7y

Hello all!

well, after reading this very helpful thread (and affter having a very UNhelpful conversation with the very stressed-out sounding woman at the swedish consulate)-i am trying to make a plan for my upcoming trip to visit my swedish boyfriend(i guess the people who came up with the $%^&*$ schengen don't have boyfriends). Can ya'll look this over and let me know whatcha think?

I'm an american citizen. In July 2008 I went to Sweden and met my True Love- unknowingly starting the 180 day clock!

Between July 20th 2008 and January 15th 2009 (a period of 180 days) I was in Sweden twice for a total of 61 Days.

Still ignorant of the wonderful Schengen, I returned on January 26th, and stayed for 31 days with my boyfriend, thus starting up the 180 day clock again!

I already have a ticket to fly to coppenhagen, arriving April 21st. I also have plans to be in amsterdam on the first week of may, at which point i will go to the U'K', which I learned is NOT a schengen country. That trip will about 20 days, for a total in this 180 day cycle of 32 days or something.

Then I am going to a workshop in germany with visits to berlin afterwards from July 3rd- July 22nd or so. This will leave me with well under 90 days within the 18 day cycle- and HERE my fellow readers is the CRUX of my question!

This 180 day cycle is up on July 24th. I was planning to go to Romania for a few days, and then try to start another 180 day cycle pretty much immediately. If I fly back to Sweden on July, say, 28th- at the technical begining of a NEW cycle- and after not being in Sweden since the end of February- AM I GOING TO GET IN TROUBLE?

IN SHORT:

180 day cycle of July 20th 2008 --> January 15th, 2009- total of 61 days spent in Schengen(Sweden)

180 day cycle of January 26th--> July 24th- total of (approx) 75 days spent in Schengen (Sweden, Germany, Netherlands, Denmark- with side trips OUTSIDE Shengen to U.K. and Romania)

180 day cycle starting July 28th--> FLy into Stockholm=

Get in or GET NAILED?

Please Help!!

wondergrrl

86. Posted by wondergrrl (Budding Member 2 posts) 7y

You know my description up there is confusing(god schengen is SO confusing) so just read the short version- here it is again:

IN SHORT:

180 day cycle of July 20th 2008 --> January 15th, 2009- total of 61 days spent in Schengen(Sweden)

180 day cycle of January 26th--> July 24th- total of (approx) 75 days spent in Schengen (Sweden, Germany, Netherlands, Denmark- with side trips OUTSIDE Shengen to U.K. and Romania)

180 day cycle starting July 28th--> FLy into Stockholm to see my beloved-

Get in or GET NAILED?

87. Posted by ampersand (First Time Poster 1 posts) 7y

I have a quick question.

I am planning to study abroad for a semester in most likely a Schengen country (won't know exactly where until closer to time). I will have to get a student visa to study since it will last longer than 3 months.

My plan was to travel around Europe the summer after the semester I study there (which would be spring, with no return to America in between). My question is, will my traveling/summer tourism be counted as a separate 90-day agreement or will the Schengen situation be applied to the semester I spend studying? Basically, after I get done with the semester, how do I make sure I can legally travel for tourist purposes?

88. Posted by Redpaddy (Inactive 1004 posts) 7y

Post #7# sums it up in the 1st sentence.
Check with the Consulates to get the correct info. Just like when Europeans travel to the USA (I have many times), if the paperwork is not to their liking on arrival - then I'm not going to be to the immigration officer's liking either.
Chances are though, if my documents are wrong, I won't even get as far as the departure lounge at any European airport - and it could be a very expensive journey home, after losing my flight and the cost of the non-refundable ticket.

89. Posted by bentivogli (Travel Guru 2398 posts) 7y

You'd need a visa anyway; the 90-day tourist visa (or in your case, the waivor) is for touristic purposes only. It does not allow for studying.

As to your question: what you need is a so-called "C+D" visa. The "D"-part is a national visa that regulates your stay as a student; criteria vary per country, as do application procedures. The "C"-part is the usual 90-day Schengen tourist visa.

Beware that -afaik- issuing policy seems to differ per country. Some countries let the C-part start simultaneously with the D-part, meaning that you can travel the Schengen area freely during the first 3 months of your stay abroad. To make sure, contact the consulate of the country where you intend to study.

Post 90 was removed by a moderator
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