Skip Navigation

Schengen visa loophole?????

Travel Forums Europe Schengen visa loophole?????

1. Posted by Blatchy (Budding Member 3 posts) 6y

Hi Everyone

I'm looking at spending a bit of time in Western Europe next year, particularly throughout the Schengen region. My understanding is that if i arrive in a Schengen country on my New Zealand passport, then i have a total of 90 days to travel throughout the Schengen states before having to leave the area, and can only return after a further 90 days.

Now, to my question. I'm a dual New Zealand/Australian citizen, ....

I'm only asking because I'm wanting to spend around 6 months in total in western europe, but the schengen states won't allow a stay that long, and i am unable to obtain an EU passport.

Any help would be greatly appreciated.

[ Edit: Sorry, nothing illegal please. ]

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

I'm only asking because I'm wanting to spend around 6 months in total in western europe, but the schengen states won't allow a stay that long,

Instead of the blatant cheating you planned a better alternative would be to apply for a working holiday visa to one of the Schengen states.

Or if this is just too much effort for you you can also go the traditional way: hopping in and out of the Schengen states.

The UK and Ireland as well as some Eastern European countries are not part of Schengen, if you wanted to spend 6 months in Europe you could easily do this by spending 3 months in these areas. Morocco is also a very popular option for a "Schengen break".

[ Edit: Edited on 07-Apr-2010, at 11:32 by t_maia ]

3. Posted by Blatchy (Budding Member 3 posts) 6y

I wouldn't say im trying to 'cheat' as such, just trying to give myself as many options as possible. If taking advantage of a possible flaw or loophole in a system is cheating, then i guess every government and lawyer in the world is a cheater.

In regards to the legality of the issue, that was half the reason of this post, to gain more information in regards to entry/exit restrictions in the schengen areas. If it is illegal then I won't even think twice about it, however, as we all know there are always loopholes involved in any legislation, and if this particular issue isn't covered, then I can't see how it would be illegal.

Thanks for the advice, i was thinking of visiting Morocco and Egypt at some point anyway, so it would probably be more feasible to accommodate these countries on a "schengen break".

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

and if this particular issue isn't covered

You mean somebody having two passports?

It is covered in a roundabout way, the law texts say "non-Schengen member national". Whether you flash your Aussie or Kiwi passport you stay a "non-Schengen member national". The law is tied to you as a person, it will be you staying inside the Schengen area, not your passport.

Consequently it doesn't matter on what passport you travel on nor how many passports you have. Without a WHV or some other visa you are limited to 90 days inside a 180 day period and that is final.