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C - type Schengen Visa, when issued with D+ C Schengen visa

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21. Posted by Jade268 (Budding Member 26 posts) 7y

I received the following reply from the Italian office,

Long-stay visas

Visas for visits exceeding three months shall benational visas issued by one of the Member States in accordance with its national legislation.

However, such visas shall, for a period of not more than three months from their initial date of validity, be valid concurrently as uniform short-stay visas,provided that they were issued in accordance with the common conditions and criteria adopted under or pursuant to the relevant provisions of Chapter 3,section 1 of the Convention implementing the
Schengen Agreement and their holders fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e)
of the said Convention and reproduced in Part IV of these Instructions. Otherwise, such visas shall merely enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Member State which issued the visa, unless the holders do not fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) of the Convention implementing the Schengen Agreement or are on the national list of alerts of the Member State through whose territory they seek to transit.’

Whereas:
(1) There may be a time lag between the arrival in a Member State's territory of a person holding a national long-stay visa issued by that Member State and the moment when the person receives a residence permit enabling him or her to move freely in the other Member States' territories.

(2) Steps should be taken to facilitate the free movement of holders of national long-stay visas pending the issue of
their residence permits, by stipulating that such visas, which currently enable their holders to transit only once
through the territories of the other Member States in order to reach the territory of the State which issued the
visa, are concurrently valid as uniform short-stay visas,provided that the applicants fulfil the conditions of entry
and residence laid down in the Convention implementing the Schengen Agreement of 14 June 1985
signed at Schengen on 19 June 1990.

What i understood it enables me to visit Italy and Schengen States

Expert please comment over it soon

Regards
Jade

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

I scrolled over it, and afaics it says that the C-part that would allow short stay outside Italy is valid for 3 months, starting on 09/15/2008. Which means that you cannot travel in other Schengen countries with it.

23. Posted by Jade268 (Budding Member 26 posts) 7y

Sorry i wrote wrong

I mean to ask from the below statements, it means i can Visit ITALY for tourism purpose.

I will stay in Italy for 2 weeks and will go to UK ( for which i have valid visa) and come back to Italy and fly back to my final destination Saudia.

That's fine and valid , right????

Regards
Jade

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

I only now took the time to read the rest of this thread.

Although I cannot think of a formal reason that Italian immigration services would have to reject your entering the country, the fact remains that your D-visa has been issued for the explicit purpose of studying. Since you show up halfway the validity of the visa, this might cast serious doubt upon your credibility: 'is this person really coming to study?'. This may be a ground for refusal; these decisions are usually rather fluid.

I repeat what both myself and Maia said before: the only ones who can give you a definitive answer are the Italian authorities. Try to make an appointment at the consulate in Riad, explain the situation, and see that you get a definitive answer that applies to your specific case, not a general statement regarding visa regulations like the one you submitted in your previous post. There is little more that we can say about it here.

25. Posted by Jade268 (Budding Member 26 posts) 7y

I got an email reply from them and got the following reply from consulate

Please note that the most relevant information about visa can be found on our web-page using the following link: http://www.esteri.it/MAE/EN/Ministero/Servizi/Stranieri/ServReteConsolare.htm?LANG=EN

I would like to inform you that the Council Regulation No. 1091/2001 on freedom of movement with a long-stay visa (see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:150:0004:0005:EN:PDF ) has established that national long-stay visas (type D), which generally enable their holders to transit only once through the territories of the other Member States in order to reach the territories of the State which issued the visa, can also have the value of short-term visas (type C).

In other words, due to the fact that there may be a time lag between the arrival in a Member State's territory of a person holding a national long-stay visa issued by that Member State and the moment when the person receives a residence permit (enabling him or her to move freely in the other Member States' territories), the D+C visa allows the bearer to enter the territory of the Schengen countries for a maximum stay of 90 days in a six-month period, pending the issue of its residence permit.

Therefore, you can enter Italy, apply (within 8 days after arrival) for a residence permit based on the same motivations specified on your entry visa (study) and then you can travel through all the countries that have signed the Schengen agreement for up to three out of six months. Obviously, the validity of your residence permit for study is the same as that indicated on your visa.

However, I would also point out that you must apply for a residence permit if you plan to come to Italy for a period exceeding three months. For further information about residence permit, visit http://www.poliziadistato.it/articolo/10716.

Regards
Jade

26. Posted by Jade268 (Budding Member 26 posts) 7y

One more thing...

I have mentioned it to the consulate, and will mention it clearly to the Immigration officer, that i am not here anymore for study reason, just to see beautiful Italy.

I think its fair act to let them know the true intentions for your visit.

Regards
Jade

27. Posted by Jade268 (Budding Member 26 posts) 7y

Hey Guys

I checked with the embassy, as per their rules, they said i can travel to Italy and other Schengen States without any problem :)

Regards
JadE

28. Posted by Jade268 (Budding Member 26 posts) 7y

T maia

What you suggest, is if fair and nice approach to let the Italian immigration authorities should be clearly told, that i am using the visa for tourism purpose only??, besides showing them the written reply which i recieved from embassy.

Regards
Jade

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

draco dormiens nunquam titillandus" or "never tickle a sleeping dragon".

don't bother telling them unless they ask.

30. Posted by Jade268 (Budding Member 26 posts) 7y

T maia & Other friends,

Here all the confusion is cleared now, just posting it for the information for other users, if they face the same situation as that of mine, and for you guys so that you update other follow users.

I contacted the Ministry of Foreign affairs of Italy with the detailed scenerio and got following reply.

Question:
Reference: Visas CRM:CRP23437,

Thanks for your reply. With reference to my earlier question, my confusion still remains there. My question is I have D+C visa valid for a year, but now i just want to come for tourism purpose to Italy ( Stay Less then 90 days) and visit other Schengen State (without applying for work permit). Under this scenerio, i am eligable to use D +C visa. I read on few Italian visa websites that validity to use C type visa when issued with D +C is 90 days from the date it is issued. I was issued the visa on 15 Sep 2008, is that means that validity for my C type visa expired after 90 days (e.g 15 Dec 2008) , or its expired 90 days after arriving in Italy. Hope to hear soon from your end.

Regards
Jade

Reply:

with reference to your e-mail, I would like to clarify that you can use the D+C visa for tourism, without any problems.

Also, I would like to specify that with a short-term visa the period of residence in the Schengen area must not exceed three months out of every six months, counted from the first date of entry into the Schengen area, regardless of which external border you use to enter. Then, internal borders of all member countries within the Schengen area can be crossed at any point and any time.

Besides, with a multiple entry Schengen visa, you are allowed to enter several times into the Schengen area, as long as the total length of the stay does not exceed 90 days in a given 180 days period from the date of first entry. The stay may either be continuous or spread over several visits (depending by the number of entries authorized by the visa) within the validity period of the visa.

If the validity of the visa expires while visiting the Schengen territory, the person can no longer stay in Schengen territory even if the person has not stayed for 90 days. In your case, you will need to leave the Schengen area by the end of 15 sept. 2009.

Finally, please note that not all countries of the European Union are part of the Schengen area (with the exception of UK and Ireland).

This is the full list of Schengen countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechetenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland.

Best regards

Head of the Office of Pubblic Relation

:):):):):):):):):):):):):)

Comments, Feedbacks appreciated, Tmaia btw thanks you are doing great job