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Schengen and country-specific visa - how exactly does this work?

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nks42
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Schengen and country-specific visa - how exactly does this work?

Post by nks42 » Mon Oct 17, 2022 7:19 am

Hi, and apologies if this is a stupid question.

I am a UK citizen. Thus I have the right to be in the Schengen zone for 90 days in 180. My question is the impact of getting a country specific visa.

For example, say that I get a Spanish digital nomad visa when this comes out. This would allow me to be in Spain for, say, 12 months.

What is the process for how one enters Sapin in a way that does NOT impact the Schengen time?

In other words, if you enter Spain from the UK, you will get a Spanish entry stamp on your passport. If you then leave 6 months later to the UK, you will get a Spanish exit stamp. You then go to a French border post. To them, it looks like you have overstayed your Schengen visa by 3 months, and so cannot enter?

So my query is:
1) how is that problem prevented - I definitely wouldn't want to risk any Schengen problems in future

2) what stops anyone from then going to another Schengen country, from say Spain, if there are no borders where you are stamped?

3) related to (2) if you DID want to use your Schengen, to visit another Schengen country, but there are no border posts (e.g. visiting Portugal from Spain), how do you legally get a passport stamp to get your 90 in 180 days clock ticking?

Just trying to understand how it all works.

Thanks so much in advance

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ALKB
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Re: Schengen and country-specific visa - how exactly does this work?

Post by ALKB » Mon Oct 17, 2022 7:30 am

nks42 wrote:
Mon Oct 17, 2022 7:19 am

1) how is that problem prevented - I definitely wouldn't want to risk any Schengen problems in future
After arriving in Spain with a digital nomad visa in your passport, I assume you would then, like with other long stay visas, apply for your TIE in Spain. When crossing borders, show this together with your passport to prove you are resident in Spain.
nks42 wrote:
Mon Oct 17, 2022 7:19 am
2) what stops anyone from then going to another Schengen country, from say Spain, if there are no borders where you are stamped?
It depends on what mode of transportation you use. If your passport is not stamped because you travelled by car, for instance, it is up to you to prove that you have not exceeded 90 in 180 days in the EU (minus any time spent in Spain), if questioned at any point.

nks42 wrote:
Mon Oct 17, 2022 7:19 am
3) related to (2) if you DID want to use your Schengen, to visit another Schengen country, but there are no border posts (e.g. visiting Portugal from Spain), how do you legally get a passport stamp to get your 90 in 180 days clock ticking?
Again, it´s up to you to keep track of your days spent in Schengen outside of your country of residence. It is relatively unlikely to be questioned when on a short visit unless you run into legal trouble or try to live elsewhere in Schengen under the guise of being resident in Spain and just visiting other places for an unusually long time.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

nks42
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Re: Schengen and country-specific visa - how exactly does this work?

Post by nks42 » Mon Oct 17, 2022 8:54 am

So essentially from that point on, border guards can no longer do a simple check on your stamps, to determine how many days of you Schengen allocation has been used. If they did, they would reach the incorrect conclusion.

Instead, you'd have to point to the long stay visa, and ensure that they believe you regarding the fact that you've been only in Spain during the relevant time. If you drive across to (say) France, and then flew out to the UK, you would have no easy way of showing what date you entered France.

I would prefer not to be at the mercy of that ambiguity - is there any way to go to a local police station or something and get some kind of proof, to make this all easier to prove?

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ALKB
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Re: Schengen and country-specific visa - how exactly does this work?

Post by ALKB » Mon Oct 17, 2022 7:14 pm

nks42 wrote:
Mon Oct 17, 2022 8:54 am
So essentially from that point on, border guards can no longer do a simple check on your stamps, to determine how many days of you Schengen allocation has been used. If they did, they would reach the incorrect conclusion.

Instead, you'd have to point to the long stay visa, and ensure that they believe you regarding the fact that you've been only in Spain during the relevant time. If you drive across to (say) France, and then flew out to the UK, you would have no easy way of showing what date you entered France.

I would prefer not to be at the mercy of that ambiguity - is there any way to go to a local police station or something and get some kind of proof, to make this all easier to prove?
What kind of extensive holidays are you planning while on your hypothetical, not yet existing digital nomad visa?

Usually, when resident within Schengen, you are unlikely to be questioned extensively beyond "I live in Spain at this address, I spent the last week in France (would you like to see my hotel invoices?) now I am flying to the UK for three weeks to see family".
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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