How to travel longer than 3 months in Europe?

Walkabout · Post by **Walkabout** » Mon Feb 12, 2007 11:43 pm

Hi,

I'm an Australian currently living in the UK on an HSMP visa, with my girlfriend who is British. We are/were planning to travel around Europe for around 6 months before returning to the UK briefly then back to Australia permanently (with her on a defacto visa).

Of course the major sticking point is the 90 day Schengen visa situation and unfortunately we were planning on travelling mostly in Schengenland.

Is there ANY way of getting around this 90 limit. I've looked at a long-stay visa in France as an option. But would days spent under that visa in France, still subtract from the 90 Schengen allowance?

Surely there must be a way. 90 days is nowhere near enough!! We beginning travelling in June. Is there anything we can do??

Post by **Directive/2004/38/EC** » Tue Feb 13, 2007 7:10 am

Easiest and cheapest option may be to arrange a low-cost airline flight to the UK for a few hours, and then back to Europe.

Walkabout · Post by **Walkabout** » Tue Feb 13, 2007 11:29 am

Thanks, but the rule says that only 90 days in each 180 days. So as far as I know a quick return to the UK won't work.

Any other suggestions? Hang out in Switzerland I suppose....

flyboy · Post by **flyboy** » Tue Feb 13, 2007 11:57 am

Days spend in france on a long stay national visa (not relevant to schengen) doesn't count towards the 90 days. Just make sure if you enter france on a long stay visa to immediately apply for a temporary "carte de sejour " from the Mairie/Prefecture of the area you'll be staying in. Could be time consuming though depending on their workload.
Otherwise mix your days up, schengen, uk, schengen, switzerland, perhaps some other non schengen EU countries, gibraltar,etc... not to exceed the 90 day within 180 day time frame.

Good luck

Dawie · Post by **Dawie** » Tue Feb 13, 2007 12:07 pm

As far as I know normal tourists are not eligable for long-stay national visas. These sorts of visas are only issued to students, work permit holders and other long-term temporary residents. Tourists can only obtain standard short-stay Schengen visas.

The only way you could possibly get around the 90 day rule is by going through an entry point where they do not stamp your passport. This happens quite often, I have often travelled to Spain and France (by various means of transport) and not had my passport stamped with an entry stamp. This despite the fact that I had to obtain a Schengen visa. Obviously the benefit of them not stamping your passport is that it is not possible to prove when you entered the Schengen space.

flyboy · Post by **flyboy** » Tue Feb 13, 2007 12:18 pm

Dawie, 2 years ago I applied for a long stay visa at the french consulate in geneva, since my partner and i was travelling around france for 5 months. Had to provide insurance, fund of at least the Smic(minimum wage in France) per month, around 1250 euros now, basically all the requirements for a schengen visa, as well as a letter stating my reasons applying for long stay visa. Was granted visa D-type after 6 weeks. So it is possible. On arrival in France, had to apply for a temporary carte de sejour as i mentioned in my previous post.

flyboy · Post by **flyboy** » Tue Feb 13, 2007 12:30 pm

Here's the link to the french consulate general in New York, regarding long stay visa. Gives you an idea of what you will need more or less:

http://www.consulfrance-newyork.org/art ... rticle=374

Walkabout · Post by **Walkabout** » Tue Feb 13, 2007 12:41 pm

Thanks flyboy. Just a couple of questions.

Where you need to show where you will be staying for your stay, did you just give them the first hotel, b&b etc. you were staying in? As we will be travelling we don't really intend to stay fixed anywhere for longer than 2 or 3 weeks and we don't have friends or family in the country.

I'm assuming the long-stay is a multiple entry visa? Allowing us to come and go as we please during this time. Keep in mind this essentially just a visa to give us more than 90 days in Europe during our travel. As we will be spending most of our time France this seemed the logical choice, to stop the clock on my Schengen time limit.

Thanks for all the info!

flyboy · Post by **flyboy** » Tue Feb 13, 2007 1:01 pm

My partner has a holiday home in Provence, so i just submitted the title deeds of the house. Am sure that if you explain your situation at the interview and show reservations for hotels, b&b, they'll understand.
Best of luck.

flyboy · Post by **flyboy** » Tue Feb 13, 2007 1:06 pm

Yes the visa issued was multiple entry. Recommend if you can, to apply for the temporary carte de sejour if time permitting of course in one of the places in France where you'll be staying for at least 2 weeks.

flyboy · Post by **flyboy** » Tue Feb 13, 2007 1:09 pm

Oh and be sure to have all the documents you produced at the french consulate as evidence at hand when you do apply for the carte de sejour at the mairie/prefecture. Will save you plenty of trouble. Especially the Inusrance and means of financial support.

Walkabout · Post by **Walkabout** » Tue Feb 13, 2007 4:47 pm

Just occured to me, and I'm not sure if this is a good thing. I will be travelling with girlfriend who is british. They will know this because we will get joint health insurance which I will need to present for the visa.

Would this be looked at unfavourably as she could, in theory, stay or work there indefinately, I could hitch a ride with here. No intention of this, but can see how this would be perceived.

flyboy · Post by **flyboy** » Tue Feb 13, 2007 4:59 pm

Well if you and your british gf have proof of 2 years cohabitation then you could apply for the french version of the british EEA family permit,as the unmarried partner in a durable relationship with an EU citizen, i.e if the french have implemented Directive 2004/38/EC into their national law. Your girlfriend will then have to exercise her right for 6 months as a self suffient person. Suppose that will be the easiest route to go then.

Walkabout · Post by **Walkabout** » Tue Feb 13, 2007 5:12 pm

OK that's just opened up a some options. Yes we have been living together for more than 2 years. That's the reason we can both move to Australia as she has applied for an Australian defacto visa.

Assuming that this doesn't prove to conflict in any way, when you say she would have exercise right as a self sufficient person, what exactly does that mean?
Would this visa take longer, be more complicated or more likely to succeed than the long stay visa?

I just want to travel around France and pump some euros into their economy. You wouldn't think they'd make it that hard....

flyboy · Post by **flyboy** » Tue Feb 13, 2007 9:24 pm

It means that basically that she'll have sufficient funds for the stay in France without having to rely on french public funds etc...
This visa should definitely take less time than the normal long stay visa.
Like i said in my previous post, it all depends on whether the french have implemented Directive 2004/38/EC (all EU member states should have implemented it into their national laws by end april 2006 already) which widens the meaning of family members and facilitate the entry of unmarried partners of EU citizens in a stable relationship akin to marriage.
Best check with the french consulate and make reference to Directive 2004/38/EC.

Walkabout · Post by **Walkabout** » Tue Feb 13, 2007 11:44 pm

I've read the following about the directive....

"It is recalled in this context, that the provisions of the Directive are unconditional and sufficiently clear and may relied upon by an individual against the State where that State has failed to implement the directive in national law by the period prescribed or where it has failed to implement the directive correctly. In such case, all organs of the administration including decentralized authorities such as municipalities are obliged to apply those provisions."

Does this mean I can have it out with an IO even if France or others haven't actually put this into law??

Not sure this would be resolved in 15 minutes though somehow!

Still remains unclear what is a family member, although after more than two years living together we are effectively married in common law in the UK at least.

Is there some sort of official statement we could get from the UK as proof of this to use in the EU, or is it best still to take this evidence to apply for a French visa, and then still have to worry about the Schengen limit for the remainder of the countries.

The plot thickens....

flyboy · Post by **flyboy** » Wed Feb 14, 2007 10:37 am

Hi here's the directive, have a good read. Take note of Article 3 .

http://europa.eu.int/eur-lex/lex/Notice ... isu=#texte

Post by **Directive/2004/38/EC** » Thu Feb 15, 2007 6:33 am

Does anyone have a reference to the rule that says you can only stay 90 days in 180 (when you do not require a visa)?

flyboy · Post by **flyboy** » Thu Feb 15, 2007 8:12 am

You'll find the rule on the following link, Chapter 4"Conditions governing the movement of Aliens2 , article 20, page 24.

http://eur-lex.europa.eu/LexUriServ/sit ... 010473.pdf

Walkabout · Post by **Walkabout** » Fri Feb 16, 2007 2:54 am

Well we've just made a rather large decision which I think will harpoon this visa thing somehow...

We're going to get married!! Having families on the opposite sides of the world it seems better to do it here in the UK too before we go and migrate to Oz. As a bi-product this will also say goodbye to all this visa malarkey, and say hello to one hell of a honeymoon.

Thanks for all your help!! Wish me luck....

Post by **JAJ** » Fri Feb 16, 2007 3:02 am

Walkabout wrote:As a bi-product this will also say goodbye to all this visa malarkey,

Not until you both get dual citizenship, which will be some time aftre marriage and require the necessary residence period in both countries.

larsen161 · Post by **larsen161** » Sun Feb 25, 2007 6:14 am

it seems like that joining Schengen area is quite prohibitive for welcoming travelers to their country. If they join the Schengen region they now have to compete with every other country for valuable time a traveler can spend there.

If they were to stay out they can enjoy a full 90 days of a visitor spending money in their country.

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

How to travel longer than 3 months in Europe?

How to travel longer than 3 months in Europe?