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

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

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31. Posted by neyehbe (Budding Member 3 posts) 7y

Hi guys,

I've read all the thread. For your information, this is what happened to me 3 weeks ago in Germany:

I have a D+C type visa which is valid from 08-08-08 until 07-08-09. I got the visa from the Italian Embassy in Istanbul, Turkey. My visa is valid for Italy+Schengen States and the purpose of visit is stated as study ("Studio Art. 58 (D) DPR 200/67")

Now, I am in Italy studying MS. in Computer Engineering. I first entered Italy in 24/09/2008 with my previous visa (I had a C type visa for Schengen States which I got from German Embassy in Istanbul and it was valid from 23/04/2008 until 27/10/2008)

For the new year, I went back to Turkey and came again to Italy at 09/01/2009 using my current visa (D+C type). In other words, I've used this visa for the first time on 09/01/2009.

For the Easter vacation, I planned to go to Berlin, Germany. However, at the airport during random checks, a German police stopped me and asked my documents. I showed my passport and visa. However, he told me that this kind of visas are valid for other Schengen States only for the first 3 months (90 days) after the issue of the visa. After all, I was arrested at the airport and they investigated me hours. I paid lots of penalty fee (around 400€) and spent 16 hours at the airport.

So, I am deported out of Germany, they banned me to enter Germany forever and stamped my passport. I even had the receipt about that I applied for residence permit in Italy (It takes quite a long time to get the official residence permit in Italy, generally more than 1 year), but they didn't care.

Now, there is a case going on against me in Germany and I sent my statement to the German Court.

The lesson is: Hybrid visas (D+C) are valid for other Schengen States only for 90 days after the issue of the visa and not the first arrival of the Schengen zone.

But, I couldn't find any official document about this and it seems that no one knows the exact rule (there are different sources stating different rules) Are the things happened to me legal or it was due to the misinformed German polices?

Comments are appreciated.

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

Dear neyehbe,

With no offense, i dont agree with your statement, maybe there is some mistake or misunderstanding for your particular case .I started this particular thread, and all my details are posted over here, about my visa status and the reply i got from Italian Consulate.

As per them, and what i saw myself during my visit to Europe, that the hybrid visa is not counted from the date of issue, rather from the date of first arrival in the Schengen State . As per precaution, as i got my visa from Italy so i entered the Schengen States via Italy.

I travelled almost half europe France, Spain, Portugal, Italy, Hungry, Austria, Slovakia, Germany, Switzerland without any problem.

When i was on the way from Austria to Germany on the train, When I entered Germany, in the train, the policeman checked my passport and that was just a formal check.

Just as for precaution i kept the printed copies of the email which i recieved from the Italian Departmental head, incase i face any problem.

The official version of the reply i posted in the same threat, on the previous pages. Any further information or comments are always appreciated.

Regards
Jade

33. Posted by neyehbe (Budding Member 3 posts) 7y

Dear Jade,

The rule in the Schengen Aggremment is very ambiguous and noone seems to know the exact rule.

Please check the following sources:

http://www.diplomatie.be/EN/travel/visa/faqDetail.asp?TEXTID=40133
http://www.mzv.cz/taipei/en/visas_and_consular_information/general_information_on_visas_and_staying/general_information_on_visas_and_staying.html
http://www.italy-ng.com/glossary.aspx

As you can see, the first source states that it is valid from the first entry to the Schengen Zone, but the other two state that 90 days start from the initial date of visa validity.

I have even talked to Italian and German Embassies in Istanbul, Turkey after this thing happened to me. According to them, I should be able to go to ALL Schengen Countries during the validity of my visa. They didn't know that 3 months rule either.

I contacted my consulate (Turkish Consulate) in Milan, they also did not know the 90 days rule.

Then, I contacted Turkish Embassy in Berlin, and after lots of phone calls and sending some documents they sent me following link of Schengen Aggreement:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:HTML

According to them, I can travel to other Schengen countries at most 90 days in ANY six-months period!

Hence, there is a confusion of understanding and the way that the rule is applied depends on the specific country and up to the person who is checking your documents!

Here, another person who was flying from Milan to Istanbul in transit through Munich (who was going to be in Munich airport only 1 hour) was also deported and his passport was stamped!

Your comments are welcome.

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

Well that what i mention what i saw over my stay over there, you are right, this rule is bit confusing, and there should be some clear details about it.

I can just sorry for you guys , who faced this problem

Regards
Jade

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

However, he told me that this kind of visas are valid for other Schengen States only for the first 3 months (90 days) after the issue of the visa.

I think there is a little confusion between the German and the Italian authorities here:

In Germany the D+C visa is only for entry. When you get a D+C visa from Germany you have to convert it into a residency permit after your arrival in Germany. You have to arrive in Germany within the first 90 days of the validity of the visa and apply for the residency permit. Converting the D+C visa into a residency permit is done within relatively short time, say 4 weeks. During this time you get a form that states that you have applied for a residency permit (Fiktionsbescheinigung, should be similar to the reciept you got from the Italians). You are not allowed to leave Germany during the time you applied for the residency permit until it is approved.

The way I understand it is that in Italy this is handled similar, but there the conversion of the D+C visa into residency permit is less fast. Thus the Italian authorities let you use the D+C visa up to a year.

You really should get official statements from the Italian authorities and from the German embassy in regards to your case.

The problem here is that the D part of the visa is handled nationally and that if the D part of your visa is not valid the C part is not valid either. But unfortunately it is hard for a German Federal Police officer to judge whether a D Schengen visa issued by Italy is valid or not.

36. Posted by cooolnits (First Time Poster 1 posts) 6y

Hi Guys,

I have a Italia + Schengen stati D+C Visa issued on 20.09.09 and that was stamped on 24.10.09 when I entered Milano. I am an Indian Student studying in Milano, and now on 7th February 2010 need to travel to Germany to meet my friend. I also hold a Permisso Soujourno (Resident permit for Italy) valid till December 2010.

Am I eligible to enter Germany or is there some other document I require to travel?

Thanks,

Nitin

37. Posted by neyehbe (Budding Member 3 posts) 6y

Hi Nitin,

The C part of your visa is not valid anymore (since it has been already 90 days after you got it), BUT you can travel to Germany safely since you have Italian residence permit - Permesso di Soggiorno. As long as you have residence permit, you can travel to other Schengen states.

Post 38 was removed by a moderator
39. Posted by bountyhunter (First Time Poster 1 posts) 5y

Hi,
I have a similar situation what Mr. Jade had. However, it's still different.
Basically, I am from India and pursuing my Masters of Engineering from a highly reputed university in the UK. And I am on Tier 4 student Visa which is valid until end of Jan 2012.

As a part of my course, I would need to do 3 month dissertation with an engineering company. Here I was offered an opportunity from a well known company in The Netherlands. In order to complete my study, as in the offer letter, I may required to stay there for solid 3 months (92 days)
Since I am not here to NL as a tourist rather considered as a student and Schengen Visa can be issued maximum of 90 days. In that case, any possibility to get a Schengen visa for more than 3 months?? I mean do they consider students to stay more than the designated period
Earlier posts say that few of them have got Schengen Visa for 120 days, 365 days etc, or like a combination of D+C visa.

In my case, I am close to my dates and cannot wait to apply for MVV (stay for more than 90 days) and it takes nearly 3 months to process it.
My intern starts from 1st June 2011 till 31st August. Here I need 93 days considering one day arrival prior to my course begin.

Hope to hear any valued suggestions and comments soon. Please assist me

Zudip...:)

  • *************** ************************** ******************************

Quoting Jade268

Hi Guys,

I require your assistance regarding the Schengen D+C Visa. I was issued Schengen Visa of the following type

Validity: 15-SEP 2008 to 14 SEP 2009
MULTIPLE ENTRY
Visa Type: D+C
Issued From : Italian Embassy Pakistan

I plan to visit Italy and other Schengen States in April 2009, but i came to know from few websites about mixed opinion, that validity of the C-type visa, when issued with D+C , is only for 90 days from the date off issue, and few websites states that its valid for 90 days from the date of first arrival to the first Schengen State (Italy in my case). It is requested if some authentic assistance can be provided on this.

As if its only valid for 90 days from the date of issue, it seems i cannot visit any other country other then Italy. If its valid from the date of first arrival, then i can visit the other Schengen States.

Regards
Jade

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