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Clearing Issues on Visa

Travel Forums Europe Clearing Issues on Visa

1. Posted by fed.m.ang (Budding Member 10 posts) 7y

Hi everyone!

I know this has been asked so many times in the past but I wanted to clear issues regarding my own situation/case.

When I was still in the Philippines (I'm Filipino by the way), I was issued a D-Type Visa for research work here in Germany, where I'm currently residing. The first few weeks I got here, I registered my residency (anmeldung) and also applied for a residence permit good for 6 months. What happened was my original D-Type visa got the stamp "ungültig" or invalidated and a new visa with "D Aufenthaltstitel" written. Here are some relevant information written on it:

Gültig bis: 14-12-09
Anmerkungen: § 18 Abs. 4 Satz 1 AufenthG

Now, in some forums, they say that this residency permit is enough for one to travel across EU nations. But I want to make sure that this is enough. I intend to go to France one week from now and stay for just 3 days and I don't want to call the French embassy because I'm too scared to ask if they speak any English. Can anyone clear these things to me? Thanks a lot! ;)

2. Posted by fed.m.ang (Budding Member 10 posts) 7y

The wikipedia entry on the "Schengen Area" cleared things for me. Now I know I don't really need to worry about crossing borders...

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

Based on the information you provide, I'd say that your current visa does not allow you to reside in the EU outside Germany. It only gives you the right to reside in Germany for the purpose of your research, during the validity period of the visa.

4. Posted by fed.m.ang (Budding Member 10 posts) 7y

but 3 days is not residing, is it? and as I've said, Wikipedia answered my question. And I quote:

A third-country national who has been granted entry may stay in the Schengen area and travel between Schengen states as long as the conditions for entry are still fulfilled. (Reference: Article 19 of the Schengen II Agreement for third-country nationals requiring a visa; Article 20 of the Schengen II Agreement for third-country nationals who do not require such visa.) For stays which exceed three months, so-called national visa (category D) are issued by the relevant Schengen state where the third-country national intends to reside. Any third-country national who is a holder of a residence permit of a Schengen state, which is granted for a stay which exceeds three months, is allowed to travel to any other member state for a period of up to three months. (Reference: Article 21 of the Schengen II Agreement.)

That pretty much clears things to me, and its based on the actual Schengen Agreement. ;)

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

This is a common misunderstanding, and clear proof that Wikipedia is not to be taken as the Absolute Immovable Truth. I'm not gonna argue with you, but I'd strongly suggest that you verify the truth of this statement with the French authorities, prior to purchasing a train ticket or a flight. You will find that I am right.

6. Posted by fed.m.ang (Budding Member 10 posts) 7y

Yes, I do respect your concerns and asked my secretary to verify this with the French consulate. Thank you very much.

But still, do you not trust the Schengen agreement? Because they also say the same thing? Now I'm confused. What's the use of the agreement then?

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

There is the treaty, and there is the implementation of the treaty. The two are quite different, especially for 'lesser-wanted nationals' (basically, everybody who 'we' think comes from a poor country, such as yourself).

More in general, European treaties only give guidelines which have to be implemented in national legislation and regulations: they are not to be taken at face value. In this particular case, the most common interpretation of article 21 is that third-country nationals in this situation have sort-of a right to be issued both a C-type and a D-type visa. BUT if they didn't ask for it...

8. Posted by fed.m.ang (Budding Member 10 posts) 7y

I see, I see. So the only way is to really ask the consulate. Anyway, this has been helpful. Thank you very much.

So to summarize, the term third-party nationals means third-party nationals of superior race. Interesting...

[ Edit: Edited on 31-Aug-2009, at 03:24 by fed.m.ang ]