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Student visa for 180 days in Spain. I want to say longer!!

Travel Forums Europe Student visa for 180 days in Spain. I want to say longer!!

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11. Posted by Scrima (Budding Member 6 posts) 7y

bentivogli, that's what I'm wondering, but it seems that since I've already been in a Schengen country (albeit studying, not touristing), those 90 "visa-free" days are already up? It just doesn't make much sense to me, since I have a D-type visa and can't see the other countries legally during my stay here, so how else would I be able to tourist without these work arounds? But then again a lot of laws don't make much sense-it's just up to us to follow them...

12. Posted by Scrima (Budding Member 6 posts) 7y

Oh, and since I'm wasting all your time with this anyway :) even though I have a D-type visa and shouldn't be leaving Spain, will I have trouble leaving the Schengen area through the Lyon airport (in France) on May 25th, three days before my visa expires? I plan on leaving Lyon, going to Ireland and the UK and then coming back to the Schengen area to finish up my travels, this second leg of my touristing is what seems most likely to cause problems - getting back into France after my student visa is invalid. As mentioned before, I take it that my 90 in 180 days were already used (in fact, more like 135 days here on my student visa). Sorry if I'm causing an inconvenience, but spending a few minutes on this forum may save me hours (and euros) at the German consulate.

13. Posted by Scrima (Budding Member 6 posts) 7y

Ah, look what I found:

http://prague.usembassy.gov/new_rules_for_travelling_of_holders_of_long-stay_visas.html

Check out the key points

Is my (and other people's) problem solved?

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

Quoting bentivogli

he wouldn't be allowed to remain in Spain or enter another Schengen country for a short stay as a regular visa-exempt third-country national, would he? He's been on Schengen territory for over 90 days in a 180 days period already.

Yes, you got that. No remaining in Spain after May 28th. Entry to some Schengen countries would be possible, but only on local laws, not by Schengen rules. (Germany for example - if Scrima flew on May 28th to Germany and applied for a residency permit there asap all would be legal.)

Quoting Scrima

and can't see the other countries legally during my stay here

That is wrong.

As a US-citizen you were issued a D visa for Spain, Scrima. If you had been a citizen of one of the countries who require C-type visa the visa would have been D+C.

As long as the Spanish D visa is valid you can travel all over Schengen for tourist purposes (limited to 90 days within a 180 day period, excluding the time spent in Spain). When the Spanish visa ends, it is either time to leave Schengen or get another D-type visa.

Quoting Scrima

will I have trouble leaving the Schengen area through the Lyon airport (in France) on May 25th, three days before my visa expires?

No, see above.

Quoting Scrima

Ah, look what I found:

http://prague.usembassy.gov/new_rules_for_travelling_of_holders_of_long-stay_visas.html

Check out the key points

Is my (and other people's) problem solved?

I feel a major headache coming on.

Scrima, I'll get back to you when I properly digested this. One major point though: This is a new interpretation. Interpretation is when one lawyer says "I think the law says this and this" and another says "I think it says not this and this, but that". So the law hasn't changed one bit, just the way some people think it should be applied. Moreover, it is a new interpretation. Until this interpretation is the majority school of thought of all immigration officials I recommend sticking to the advice I gave you above - getting a new residency permit. There is absolutely no point in becoming the case the EU court has to rule on on which interpretation to follow, the traditional or the new one.

15. Posted by chortovka (Budding Member 7 posts) 7y

I probably shouldn't admit this ... I lived in Spain and entered Spain with a 180 day stamp in my passport. I stayed in Spain one year before returning to the US for a two week visit. Nobody said a word ... not immigration in Spain nor immigration in Atlanta. I spent 4 years in Spain and never left the country for more than two weeks before returning.

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

The fact that you slipped through the system, doesn't mean that there is no risk of getting caught.

17. Posted by chortovka (Budding Member 7 posts) 7y

Oh, I agree. I was just surprised I slipped through the crack so many times.

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

Also, how long ago was this? Enforcement of migration laws has become MUCH more severe over the last few years than it used to be.

19. Posted by chortovka (Budding Member 7 posts) 7y

Four years ago.

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