Student visa will expire- can I still get 30 days tourist?

cp400 · Post by **cp400** » Tue Jul 07, 2009 3:23 pm

Hello, I am an American and have a 1 year student visa for the Netherlands which expires September 1, 2009.

I am wondering if once my permit expires, am I able to travel to Sweden and use my 30 days as a tourist? Or because my student visa was within the Schengen zone, I am not able to go to another Schengen country?

Thanks!

Wanderer · Post by **Wanderer** » Wed Jul 08, 2009 9:59 am

cp400 wrote:Hello, I am an American and have a 1 year student visa for the Netherlands which expires September 1, 2009.

I am wondering if once my permit expires, am I able to travel to Sweden and use my 30 days as a tourist? Or because my student visa was within the Schengen zone, I am not able to go to another Schengen country?

Thanks!

Good question actually.

I'd imagine u'd be ok, since u used ur visa as a student visa, but I would suppose it might be different if u used ur student visa as a schengen visa during it's validity or travelled in Schengenland using ur US visa-waiver and 'used up' your '90 days in every 180 entitlement' in Schengenland.

That sentence is horrible, hope it make sense!

cp400 · Post by **cp400** » Wed Jul 08, 2009 12:23 pm

Thanks for the reply. I did limited traveling, I went to Sweden once- but my passport was never stamped/scanned/checked.

I would appreciate any other comments.

Prawo · Post by **Prawo** » Fri Jul 10, 2009 8:02 am

In the announced Schengen Visa Code it says clearly you are still entitled for your 90 days of free travelling within the Schengen areas when your residence permit for one of the member states expired.

So it should apply now too, though it is no where written explicitly.

cp400 · Post by **cp400** » Fri Jul 10, 2009 9:55 am

Heel erg bedankt, Prawo.

I have sent you a message, if you'd prefer I post it here let me know

Post by **Directive/2004/38/EC** » Fri Jul 10, 2009 4:11 pm

As an American you do not need an explicit Schengen tourist visa. I think you can just go and explore as long as you leave within 90 days of your residence expiring.

cp400 · Post by **cp400** » Mon Jul 13, 2009 11:20 am

Thanks!!

I arrived around the 25th of August (entry to NL and passport stamped). I applied for my residence permit almost immediately, but did not receive it until October.

Do those days where I did not have my current visa count towards my tourist days, even though I applied for the permit upon arrival?

Thanks again!

Post by **Directive/2004/38/EC** » Mon Jul 13, 2009 12:00 pm

I suspect nobody would be interested in them as of Sept 2009. In any case, at that point any day you add as a tourist will also be dropping off the 2008 accumulation due to old age of days.

cp400 · Post by **cp400** » Tue Jul 14, 2009 1:47 pm

Thanks again for the reply.

Sorry, but I am not completely sure what you mean. Can you explain what you mean when you said

"any day you add as a tourist will also be dropping off the 2008 accumulation due to old age of days."

Does this mean that as of 2009 the days start over?

If I am to use my 90 days, starting September 1st, I must leave when they expire- and how long must I stay out of the Schengen area before I am allowed to re-enter?

Thanks so much!

Post by **Directive/2004/38/EC** » Tue Jul 14, 2009 1:57 pm

It seems like you had some days as a tourist in fall 2008. And you are worried that they will count against your 90 day limit in fall 2009. Correct?

Well lets say it is Oct 2009. And you spend a day as a tourist in Schengen. So that gets added to your limit. But at the same time a day in Oct 2008 also no longer counts against the limit.

Make some sense?

cp400 · Post by **cp400** » Tue Jul 14, 2009 5:14 pm

Ah ok, thanks! So basically I don't have to worry about 2008 tourist days in Fall 2009?

Again though, if i use all 90 days and leave, when is the soonest I can return?

Post by **Directive/2004/38/EC** » Tue Jul 14, 2009 5:22 pm

http://www.auswaertiges-amt.de/diplo/en ... engen.html

Third-country nationals who have been granted a visa with no territorial restrictions (visitor's or business visa allowing the holder to stay up to 90 days per six-month period, transit or airport visa) by a country fully implementing the Schengen acquis (see below) may, for the duration of the visa's validity, enter any other fully implementing country for the same purpose and also without checks.

I actually read this to mean that none of the 2008 time will matter in fall 2009.

Note that you do not have a visa, but your restriction on time is the same as if you did have a visa.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Student visa will expire- can I still get 30 days tourist?

Student visa will expire- can I still get 30 days tourist?

Re: Student visa will expire- can I still get 30 days touris