Applying for VISA from outside the country of origin

I am an Indian.

I have got a Marie-Curie fellowship for doing a PhD at SISSA, Trieste, Italy.

I got a Italian "Student VISA" from India in November 2005. But after coming to Italy, the SISSA secretary told that my Scholarship is a work contract, So I need to apply for a "Work VISA" now. The University has sent my contract papers to the Italian Labour office, and may be it will be ready till mid of January.

I would like to ask you all, whether is it possible for me to apply for the employment visa from Germany, as I also have a German resident visa till 31st of January 2006. I was studying in Germany for last two years.

PhD fellowships in all continental EU countries require a work permit , and not a study permit.

I fail to understand your other question, you say that that you are going to Italy to do a PhD, so why do you need an employment visa in Germany? Have you found a job in Germany, and have plans of staying back?

No, I am already in Italy now.

Even my University didn't knew that I would require a Work contract, as in this university all foreign PhD students have a student VISA, This is the first time for this University to host a Marie-Curie student !

As going back to India is more expensive than to Germany. ( Being a student I can't afford it ).

I wish to apply from a Italian consulate in Germany for a Italian work permit.

Shrikondra, I think what you propose is the right thing to do .... go back to Germany and make your application at the Italian Consulate there.

Thanks for your reply John !

Shrikondra,

Further to John's reply do check before making a trip back to Germany that the Italian consulate will accept a work permit visa application from someone who is not a legal long term resident in Germany. I would also think re-entry into Germany may be tricky...will you be able to go back on the strength of a visa that is almost expiring and add to that you are not studying in Germany any more. A question many visa officers have in this instance is "what if your Italian visa application is refused?"...you will be stuck on German soil...what incentive do you have to go home? Understandably the German authorities would rather this be a problem for you outside their jurisdiction/ country.

Kayalami, in practice there are rarely any checks when travelling through the Schengen area, and that would include travelling by air from Italy to Germany. The passport might be used as ID at check-in but there will be no immigration-style checks either on leaving Italy nor on arrival in Germany.

And by road even less chance of any check being made.

So whilst I accept that what you say is technically correct, in reality the lack of border controls mean that he is unlikely to be stuck in Germany.

But I certainly agree, checking with the Italian Consulate in Germany is a good idea before travelling.

Thanks again for the replies,

I will definitely enquire this before going to Germany.