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Unusual Schengen Visa question from an Aussie in Scandinavia

Travel Forums Europe Unusual Schengen Visa question from an Aussie in Scandinavia

1. Posted by Scando (Budding Member 4 posts) 6y

Hi,

I am an Australian and my work-holiday visa for Norway expired in December. However, I applied through the Swedish embassy in Norway for a Swedish study visa five months before the Norwegian visa ran out. And have been waiting a long time for a final decision, which I now find is a very unexpected denial due to nothing more than insufficient paperwork regarding student enrollment and a near-comedy of errors. And it is final. A sad story i will not go into.

So I have been staying in Schengen with the expectation of recieving my new visa until now. And now I need to exit, and reassess how I will proceed. I do not want to mess with schengen laws as I want to live in Norway again in future. I hold a valid working holiday visa for the UK right now, and so I want to go to the UK, wait there and reapply for a visa to Sweden, which could take some weeks.

My concern is that although I NEVER wanted to violate any schengen laws and in fact applied for visas early to avoid this, I will now be flagged exiting schengen on the way into the UK because my Norwegian visa is expired.

So 3 questions:

1) Will the fact that I was waiting for the outcome of an application for a (one year) visa for a schengen country, made while I legally had the right to be in another Schengen country (Norway), have any standing in the eyes of Officials in terms of why I'm still here?

2) Would it be better to fly to another country rather than the UK when exiting Schengen? According to previous posts on this site, the UK is heavy on schengen rules at arrival (keeping in mind I hold a valid UK work visa now, if that is important at all)

3) and this is a long shot but... as an Australian I can enter Shengen for 90 days without needing to apply for a visa. Could then I travel in schengen for 90 days OUTSIDE of Norway after my norwegian visa is done? I'm just brainstorming ideas here....

(Also, I am considering leaving through sweden or norway)

Thanks to everyone who is helping people in this discussion!

2. Posted by bentivogli (Travel Guru 2398 posts) 6y

1) Technically it won't: third countries' failing burocracies are your responsability. However, this could well be a ground for the Norwegian emigration officials to show some leniency. I'm not sure how you should proceed: either explain this upon exiting, or do it beforehand. Maybe someone else could comment

2) Afaics, such behaviour would only make your case suspicious. As you have a valid title for entering UK, no charades should be necessary

3) no

3. Posted by t_maia (Travel Guru 3289 posts) 6y

my work-holiday visa for Norway expired in December. However, I applied through the Swedish embassy in Norway for a Swedish study visa five months before the Norwegian visa ran out....a very unexpected denial ... I have been staying in Schengen with the expectation of recieving my new visa until now.

Where have you been staying between Dec and now and what was your residency permit/visa/title? You must have had some sort of documents between the expiration of your Norwegian WHV and now that made your stay inside the Schengen area legal.

Or did you just stay in Norway with the expired WHV visa and waited for your Swedish student visa to come through?

4. Posted by Scando (Budding Member 4 posts) 6y

I have been staying mainly in sweden, travelling to a couple other countries in schengen (norway, spain), not working of course.

Currently one could say I reside in the UK with my residency permit there, and am on holiday here in sweden. I also had a lawyer check with the swedish migration board recently whether i was allowed to be here. Their (time, date and name of personell recorded) response was that as long as i leave sweden for norway or other countries often, which i am, they "do not find it to be a problem that I as an australian am in the country as long as i do not work". (Which contradicts schengen regulations, however this is what the government authority in charge of migration expressly tells me so...?)

What do you think?

5. Posted by t_maia (Travel Guru 3289 posts) 6y

Yes, it violates Schengen rules.

The only explanation I have is that there is a national loophole. If you travel only between the UK and Norway or Sweden Schengen rules can take a backseat to national, Norwegian or Swedish laws. If Norwegian law is more lax and the clerk in question doesn't care too much about Schengen (or doesn't know what to do with an offender) you might get off the hook that way.

But note that the immigration authorities are not very knowledgeable about Schengen rules. They might tell you stuff that is simply wrong. The immigration authorities deal with long-term residency permit in their own country, they focus on national law only. They very rarely have to deal with Schengen law. They know it exits, but they usually have never issued a Schengen C (tourist) visa in their life or a Schengen C+D visa and thus never had to bother with the 90/180 day rule or the other complications. That is the work of the embassies abroad, not the work of the immigration authorities. If I was you I would check the information you got with the Swedish and Norwegian embassy in the UK.

6. Posted by Scando (Budding Member 4 posts) 6y

Hi there,

So I'm writing this during my 10 hour stopover in Dubai... made it out of Schengen without any hassle. I stressed like hell about being busted on the way out and hit with some kind of ban or black mark. But nothing at all. I'll get back to you with a more rich account of how things went if anyone is interested.