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I think the first two points suggest that your plan to ping-pong between Switzerland and Austria won't necessarily work. You would have to exit the Schengen Zone completely and then reenter Austria directly.There are, however, certain requirements to be adhered to and aspects to be taken into consideration when planning to enter Austria under the Bilateral Agreement following a visa free stay in the Schengen area:
• You must exit the Schengen area before re-entering Austria
• You must enter Austria directly (no transit through a third country)
• You may be required to provide evidence of (the duration of) your previous lawful stay (e.g. entry and departure stamps in your passport, hotel invoices, etc.)
• You must not misuse the Bilateral Agreement to avoid Austrian immigration laws
• Other Schengen member states may not honour the Agreement
• Overstaying your 90 day period may result in a fine and a subsequent entry ban
You mean 180 days a year? It's not enough sadly, my gf lives in Austria, Ideally I need about 245 odd days a year to see her and also do a few other small holidays in Europe.
Thanks for the reply.secret.simon wrote: ↑Thu Apr 28, 2022 2:32 pmI was not aware of this Agreement before. But this VFSGlobal factsheet may be of some use.
In particular;
I think the first two points suggest that your plan to ping-pong between Switzerland and Austria won't necessarily work. You would have to exit the Schengen Zone completely and then reenter Austria directly.There are, however, certain requirements to be adhered to and aspects to be taken into consideration when planning to enter Austria under the Bilateral Agreement following a visa free stay in the Schengen area:
• You must exit the Schengen area before re-entering Austria
• You must enter Austria directly (no transit through a third country)
• You may be required to provide evidence of (the duration of) your previous lawful stay (e.g. entry and departure stamps in your passport, hotel invoices, etc.)
• You must not misuse the Bilateral Agreement to avoid Austrian immigration laws
• Other Schengen member states may not honour the Agreement
• Overstaying your 90 day period may result in a fine and a subsequent entry ban
More crucially, the second-last point suggests to me that while you could be legally visiting Austria for 90 days in addition to the 90/180 days of the Schengen Zone, other (non-Austrian) Schengen Zone countries can take into account that you have visited the Schengen Zone (including Austria) for a period exceding 90/180 days and they can refuse you entry to the Schengen Zone from their side (i.e. they are not bound by the Austria-Australia agreement).
In other words, while you may have been legally visiting Austria, the neighbouring countries could, after looking at your Schengen Zone immigration history as a whole, bar you from the Schengen Zone or restrict your movement within the Schengen Zone.
The document linked to above also states;
For how long must I exit the Schengen area before I am permitted to re-enter Austria under the Bilateral Agreement?
There is no prescribed period of time that a person must spend outside the Schengen area before the person is permitted to re-enter Austria under the Bilateral Agreement. Any exit of the Schengen area, however, that serves the sole purpose of re-entering Austria under the Bilateral Agreement, may be regarded as a misuse of Austrian immigration laws
I don't think that there are two separate baskets of "days", as it were. When you are entering Austria, you are also entering the Schengen Zone.
EDIT: As it turns out, VFS Global was merely reproducing the factsheet from the Austrian government website.If you have any questions about your application, please contact the authority to which you submitted the application. Only this authority can provide you with information on the status of the proceedings.
For general questions regarding entry and visas in Austria (visas - planned stay up to six months), you can contact our hotline: +43(0)1-53126-3557 from 9.00 to 12.00.
I hope you are independently wealthy and not working remotely during those 245 days.
For example: